JonathanTurley

JULY 13, 2022

Below is my column on the case of the ten-year-old rape victim who allegedly was taken to Indiana because an abortion was barred in Ohio. (A There remain, however, questions as to why the child had to leave Ohio, which has exceptions that would apply to the case. A shorter, edited version of this column ran in the New York Post ).

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SCOTUSBlog

APRIL 15, 2022

Share Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. A 1936 federal law waives federal immunity from state workers’ compensation laws on federal land and projects. This principle is known as intergovernmental immunity. Washington.

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SCOTUSBlog

APRIL 13, 2022

In Harlan’s case, the story arc that first attracted me was the notion of posthumous vindication – how a man who went so far out on a limb in his time could land so comfortably in the mainstream of legal thought. Much of Holmes’ reputation rests on his role in First Amendment law, for instance, an area where Harlan’s legacy is negligible.

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JonathanTurley

AUGUST 2, 2021

But this stage could face legal challenges in coming weeks, as citizens and some states push back on mandates. In Ohio, $1 million lottery prizes were offered to those willing to take the shots; other states offered free metro or free museum passes. There may be new legal challenges ahead, however.

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JonathanTurley

NOVEMBER 22, 2022

For the record, I am a legal analyst for Fox News, though I have spent my entire academic and professional career opposing criminal and civil efforts to punish or chill free speech. Moreover, arguing that these speakers induced violence under another form of tort liability would be quickly rejected under the First Amendment.

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JonathanTurley

APRIL 19, 2021

After the riot, various legal experts appeared on news channels to proclaim that this was a strong if not conclusive case for criminal incitement. CNN legal analyst Elie Honig declared “As a prosecutor I’d gladly show a jury Trump’s own inflammatory statements and argue they cross the line to criminality.” Trump’s Jan.

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JonathanTurley

JANUARY 8, 2022

According to the Seattle Times , Inslee declared that “it should not be legal in the state of Washington for elected officials or candidates for office to willfully lie about these election results.” Indeed, this seems like an effort to evade the constitutional limits placed on incitement crimes by the courts.

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JonathanTurley

FEBRUARY 8, 2021

Various members and legal experts have claimed that the case for prosecution is clear on its face. The disconnect between legal analysis and legal reality matters little in today’s media. Ohio , where the Supreme Court said even “advocacy of the use of force or of law violation” is protected unless it is imminent.

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JonathanTurley

JUNE 17, 2022

There is also no compelling legal basis for the claim. Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.”. ” I guess there is no doubt. Those are plenty to start with.”.

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JonathanTurley

MAY 26, 2022

Addressing the scope of this right is key to defining and supporting this right in constitutional law. However, many politicians are pushing an unlimited view of the right that raises both constitutional and political questions — an approach that far exceeds what the current Roe case law supports. Senate in Ohio.

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JonathanTurley

SEPTEMBER 26, 2022

Senate candidate Tim Ryan (D-Ohio) has adopted an absolute position that there should be no limits on a woman’s right to abortion — far beyond anything in Roe or Casey — and has refused to address whether this would mean that a fully formed baby in the ninth month of pregnancy could be aborted.

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JonathanTurley

NOVEMBER 16, 2023

Ohio , 378 U.S. Jonathan Turley, an attorney, constitutional law scholar and legal analyst, is the Shapiro Chair for Public Interest Law at The George Washington University Law School. 184 (1964): “I shall not today attempt further to define [it] … But I know it when I see it.”

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JonathanTurley

FEBRUARY 8, 2021

If there is a single line that sums up the sense of legal impunity in the second Trump impeachment, it is that line from a letter sent by law professors to deny any basis for the former president to challenge his impeachment on free speech grounds. 6 th constitutes actual incitement to insurrection. Cases like Brandenburg v.

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JonathanTurley

APRIL 2, 2022

Carter ruled that such legal advice failed under the “crime/fraud exception” because the president knew there was no basis for such a challenge. As legal experts celebrate Carter’s decision as a great victory against Trump, it is important to consider the implications for both free speech and attorney-client privilege.

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JonathanTurley

AUGUST 19, 2021

This has allowed states like Ohio to literally giveaway millions of federal dollars as part of a state vaccine lottery. Now this lack of any limits has allowed a president to pledge that he will pay the salaries of any teachers who knowingly violate their contracts and state law. Will the federal government effectively pay a pension?

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JonathanTurley

FEBRUARY 15, 2021

Below is my column in the Hill on second Trump trial and how core values quickly became the extraneous to the purpose of this constitutional process. Md) only highlighted the procedural and legal irregularities in a trial that seem increasingly detached from values like due process. The final chaos triggered by Rep. Jaime Raskin (D.,

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JonathanTurley

MARCH 31, 2021

Eric Swalwell against former President Donald Trump as a serious miscalculation that could result in a legal vindication for Trump either on the trial or appellate levels. In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. I recently wrote about the lawsuit by Rep.

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JonathanTurley

JANUARY 12, 2021

I have long disagreed with the view that there is a constitutional barrier to indicting a sitting president. As I wrote earlier , the governing legal standard for violent speech is found in Brandenburg v. Racine declared “Whether that comes to a legal complaint, I think we’ve got to really dig in and get all of the facts. .”

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JonathanTurley

NOVEMBER 21, 2020

While the legal team did raise some credible electoral concerns, I was also critical of Rudy Giuliani’s global communist conspiracy claim at the press conference this week. In my testimony, I went into historical and legal detail to explain why this theory was never credible. However, when Democrats like Sen. Barbara Boxer (D.,

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JonathanTurley

JULY 22, 2021

The Miller standard has long been criticized by legal scholars, including myself, as hopelessly and dangerously vague. Ohio , the Court could not even agree on a clear reason why a porn film was not so obscene as to allow prosecution. The Court has been mocked for its ham-handed efforts to define pornography.

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JonathanTurley

JANUARY 1, 2021

Bush’s victory over Democratic challenger John Kerry in the state of Ohio. Yet, this is a legal challenge under constitutional and statutory law. It is same position taken recently before the Supreme Court by Pennsylvania Attorney General Josh Shapiro, who called a legal challenge to the election “seditious.”

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JonathanTurley

JULY 20, 2023

Today’s legal-political sequel, however, may prove to be a bit more controversial. 6 allegations are far more tenuous legally. Such an indictment could come at a high legal and political cost. That speech is entirely protected under the First Amendment and governing case law, including Brandenburg v. is obvious.

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JonathanTurley

MAY 10, 2022

Swalwell’s comments not only include disturbing legal claims , but highly personal and offensive remarks like mocking threats against Susan Collins, R-Maine. Ohio , the Supreme Court refused to allow the criminalization of speech that actually calls for “the use of force or of law violation” unless it is imminent.

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JonathanTurley

DECEMBER 20, 2022

Of course, to raise obvious legal barriers to prosecution today is to invite an Internet flash mob accusing you for being an insurrectionist or fellow traveler. Likewise, experts like legal analyst and Michigan Law Professor Barbara McQuade told MSNBC viewers that Trump could be charged with manslaughter for riot.

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JonathanTurley

NOVEMBER 18, 2023

I have long been a vocal critic of the theory, which I view as historically and legally unfounded. Ohio , the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “ imminent lawless action and is likely to incite or produce such action.” In Brandenburg v.

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JonathanTurley

MARCH 27, 2022

A well-known Republican activist and Trump supporter, Thomas encouraged then-White House chief of staff Mark Meadows to pursue legal and legislative challenges to what she viewed as a stolen election. There is nothing in these messages that put Ginni Thomas in legal peril. Barbara Boxer and others. She was not alone. Sound familiar?

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JonathanTurley

JANUARY 6, 2022

Yet, a year ago, various legal experts declared that Trump should be charged based on his speech and his delay in calling for protesters to leave Capitol Hill. Indeed, many of the same legal experts reappeared to offer assurances that Trump can still be frog marched to the hoosegow. Rudy Giuliani and U.S. .” In Brandenburg v.

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JonathanTurley

DECEMBER 3, 2020

Federal judges have rejected these lawsuits for legal errors and lack of evidentiary foundation. It is also a rejection of our judicial system that has continued to function as intended by the Framers. The campaign has appealed many of these rulings and lost.

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JonathanTurley

FEBRUARY 5, 2021

The brief of the House promises an emotionally charged but legally insufficient case for conviction. It also refers to a crime that would be difficult to prove in a court of law; the president’s speech likely would be found to be protected by the First Amendment, if not at trial then on appeal. The Trump team.

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JonathanTurley

JANUARY 11, 2021

The governing legal standard for violent speech is found in Brandenburg v. So let’s walk down Pennsylvania Avenue.” Such marches are common — on both federal and state capitols — to protest or to support actions occurring inside. However, even Brandenburg would treat Trump’s speech as protected by the First Amendment.

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JonathanTurley

JANUARY 8, 2021

Bush’s victory over Democratic challenger John Kerry in the state of Ohio. Moreover, it is not “sedition” to use a federal law allowing challenges to be raised. Sedition is an attempt to overthrow the rule of law. This is using the legal system in the same fashion as Democrats like Boxer.

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JonathanTurley

OCTOBER 12, 2023

I began my association with the House as a teenaged leadership page in the 1970s and continued through to my legal representation of the House in federal court. I have testified more than 100 times over the last four decades on a wide array of constitutional and statutory issues. and Jim Jordan (R-Ohio). Steve Scalise (R-La.)

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JonathanTurley

AUGUST 18, 2023

As I myself covered the indictment as a legal analyst for Fox, I once again felt a certain longing for the abandon shown by some of my counterparts who dismissed any concern over what are now roughly 100 criminal charges against former President Donald Trump in four different indictments. In January 2005, then-Sen. House Jan.

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