article thumbnail

SCOTUS Kicks Off February Session With Four Cases

Constitutional Law Reporter

The Ohio Adjutant General’s Department v. Federal Labor Relations Authority: The case stems from a collective-bargaining dispute between the Ohio National Guard and the union that represents its technicians. The post SCOTUS Kicks Off February Session With Four Cases appeared first on Constitutional Law Reporter.

article thumbnail

No Joke: Supreme Court Case Could Take a Big Bite Out of the First Amendment

JonathanTurley

He was charged with (and later acquitted of) a felony under an Ohio law prohibiting the use of a computer to “disrupt” or “interrupt” police functions. Parody and satire also face threats from other legal actions, particularly tort actions over the appropriation of names or likenesses (called the right to publicity).

Court 41
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

At a vestige of the Manhattan Project, a fight over workers’ compensation and intergovernmental immunity

SCOTUSBlog

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.

article thumbnail

MSNBC Analyst Calls for Liability for Boebert and Carlson … for the Colorado Shootings

JonathanTurley

It would also not pass constitutional muster, in my view. The most obvious form of civil liability would be some type of tort action. Moreover, arguing that these speakers induced violence under another form of tort liability would be quickly rejected under the First Amendment. This would fail for the same reason.

Tort 47
article thumbnail

Trump’s Liability Or Opportunity? Two Capitol Police Officers Sue Trump Over Capitol Riot

JonathanTurley

The second “Count Five” is actually just a demand for punitive damages, rather than an actual separate tort. ” Imagine what would happen to free speech in the United States if people could be sued for their “suggestive words and encouragement” for third parties who later violate the law. In Brandenburg v.