JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. § 230(e)(3).

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JonathanTurley

MARCH 10, 2021

Her parents, Angela Rodriguez and Adan Rodriguez, sued Lasting Hope and Benton’s employer, University of Nebraska Medical Center Physicians, but the Nebraska Supreme Court affirmed the dismissal of the action due to a lack of any legal duty to warn or protect the girlfriend. However, some states have passed laws limiting its impact.

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SCOTUSBlog

FEBRUARY 24, 2022

Share The Supreme Court heard argument on Tuesday in Denezpi v. United States , which examines whether the federal government can bring criminal charges in federal court against a defendant previously found guilty in a Court of Indian Offenses for an offense stemming from the same act.

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JonathanTurley

APRIL 21, 2021

1 (1985), when the court addressed the Fourth Amendment protections afforded a fleeing suspect and held that an officer may not use deadly force to prevent escape unless “the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.” In Graham v.

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JonathanTurley

MAY 12, 2021

In a major but likely controversial victory for free speech, the United States Court of Appeals for the Fourth Circuit overturned the conviction of a retired Air Force Colonel for using a racial epithet at the shoe store on the Marine base at Quantico in Virginia. 568, 572 (1942), the Court has sharply abridged the application that exception.

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JonathanTurley

AUGUST 16, 2023

That is the problem when your counsel tells the prosecutor in open court to “just rip up” the plea deal. A recent decision of the United States Court of Appeals for the Fifth Circuit could present an interesting twist in this ongoing saga. Some of those crimes were allowed to expire under the statute of limitations.

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JonathanTurley

MAY 25, 2021

Now, Smith is asserting the right to charge him with rape in the same case after the prosecution and the court signed off on the plea agreement. Notably, this attack occurred when the courts were conducting a major review of this law. In 2018, the Court of Appeal of Kansas address a case of a citizen grand jury.

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SCOTUSBlog

APRIL 18, 2024

Share In the final argument scheduled for its 2023-2024 term, the Supreme Court will hear argument on Thursday in former President Donald Trump’s historic bid for criminal immunity. The question before the justices is whether Trump can be tried on criminal charges that he conspired to overturn the results of the 2020 election.

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SCOTUSBlog

MARCH 19, 2024

Share The Supreme Court will hear oral arguments on Wednesday in the case of a 76-year-old Texas woman , Sylvia Gonzalez, who was arrested on charges that she had violated a state law that prohibits tampering with government records. Gonzalez came to the Supreme Court, which agreed last fall to weigh in. In 2019, in Nieves v.

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SCOTUSBlog

DECEMBER 31, 2020

A government lawyer who argued at the Supreme Court more than anyone else in the 20th century. As the year comes to a close, SCOTUSblog looks back at some of the individuals who died in 2020 after living lives that brought them – at different times and for different reasons – to the Supreme Court of the United States.

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JonathanTurley

APRIL 26, 2024

As expected, with the exception of the three liberal justices, the Court appears to be struggling to find a more nuanced approach that would avoid the extreme positions of both parties. It has been almost 50 years since the high court ruled presidents have absolute immunity from civil lawsuits in Nixon v. Fitzgerald.

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JonathanTurley

AUGUST 25, 2021

The case is brought under statutes like 18 U.S.C. Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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JonathanTurley

JULY 11, 2021

397 (1989), the Supreme Court voted 5-4 that flag burning was protected speech under the First Amendment to the United States Constitution. For we are presented with a clear and simple statute to be judged against a pure command of the Constitution. That law was struck down in United States v. In Texas v. Johnson , 491 U.S.

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SCOTUSBlog

JANUARY 26, 2022

Supreme Court. With Justice Stephen Breyer expected to retire at the end of this term , California Supreme Court Justice Leondra Kruger is one of the frontrunners to succeed him. Court of Appeals for the 5th Circuit who was on former President Donald Trump’s short list to fill a Supreme Court vacancy. solicitor general.

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JonathanTurley

DECEMBER 28, 2021

The United States Court of Appeals for the Ninth Circuit has handed down a significant ruling on the exception to the First Amendment for criminal threats. The court reversed the decision of District Court Judge Charles Breyer, who rejected the charges against Howard Weiss who threatened Senate Minority Leader Mitch McConnell.

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JonathanTurley

JUNE 17, 2022

It was due to the paucity of direct evidence of a crime that would hold up in court. LEXIS 1033 *, 2021 WL 633384, the court noted: Attempted murder requires a finding of specific intent to kill such that implied malice is insufficient to support a conviction for that offense. See People v. Gillespie, 2022 Cal. Indeed, in People v.

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JonathanTurley

MARCH 31, 2021

In my view, the lawsuit contravenes free speech as well as controlling case law from the Supreme Court. COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. That claim runs directly counter to the controlling case law. Code § 22-1322 – Incitement to Riot).

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