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FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech by Jo Ellen Nott by Jo Ellen Knott On March 19, 2024, an Egyptian-Muslim woman in Oklahoma filmed an encounter with FBI agents who visited her home to discuss social media posts. The video …
Article • November 1, 2023 • from CLN November, 2023
DOJ Concludes Louisville Police Engaging in Patterns of Unconstitutional Conduct by Douglas Ankney by Douglas Ankney After conducting a two-year investigation in the wake of the fatal shooting of Breonna Taylor by police, the U.S. Department of Justice (“DOJ”) concluded that the Louisville Metro Police Department (“LMPD”) engages in patterns …
SCOTUS Announces First Amendment Requires Mens Rea of Recklessness for ‘True Threats’ Conviction by Richard Resch by Richard Resch The Supreme Court of the United States held that criminal liability for true threats, which are not protected by the First Amendment, requires proof that the defendant had a subjective understanding …
Publication • 2023
Carceral Deference-Courts and Their Pro-Prison Propensities, March 2023 DRAFT – NOT FOR CIRCULATION, DISTRIBUTION, OR CITATION. 3/7/23 5:21 AM CARCERAL DEFERENCE: COURTS AND THEIR PRO-PRISON PROPENSITIES Danielle C. Jefferis* 92 FORDHAM L. REV. ___ (2023) (forthcoming) ABSTRACT Judicial deference to non-judicial state actors, as a general matter, is ubiquitous. But …
Article • September 26, 2022
Federal Judge Rules Arizona Law Making It Illegal to Film Cops Within 8 Feet Is Unnecessary by Jo Ellen Nott by Jo Ellen Nott Earlier this month, U.S. District Judge John J. Tuci issued a temporary injunction to halt recently passed HB 2319 writing “the Court fails to see how …
Article • September 15, 2022 • from CLN October, 2022
SCOTUS Refuses to Extend Bivens Remedy to Either First Amendment Retaliation Claim or Fourth Amendment Excessive-Force Claim by Dale Chappell by Dale Chappell The Supreme Court of the United States (“SCOTUS”) held that a federal court may not extend the remedy it created over 50 years ago in Bivens v. …
Article • March 15, 2022 • from CLN April, 2022
Geofencing Warrants Are Putting Civil Rights and Free Speech in Jeopardy by Dale Chappell by Dale Chappell Hundreds of protestors marched in Kenosha, Wisconsin, after the police shooting of Jacob Blake in August 2020. Little did these protestors know that the Bureau of Alcohol, Tobacco and Firearms issued at least …
Article • March 15, 2021 • from CLN April, 2021
Image of Men Urinating on Grave Protected by First Amendment by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Agents with the Tennessee Bureau of Investigation (“TBI”) and officers with the Dickson Police Department would be well advised to take the time to read the Constitution of the United States, namely …
Article • October 15, 2020 • from CLN November, 2020
Minnesota Supreme Court: Coercion Statute Unconstitutionally Overbroad by Anthony Accurso by Anthony Accurso In a decision issued July 22, 2020, the Supreme Court of Minnesota ruled that Minnesota Statutes Section 609.27, subd. 1(4) (2018) (“the coercion statute”) is overbroad on its face, violates the First Amendment to the U.S. Constitution, …
Article • August 28, 2020
Why We Need to Keep the Communications Decency Act Intact by Dale Chappell by Dale Chappell While the First Amendment of the U.S. Constitution protects our right to free speech, a federal law that protects platforms and users who repost that free speech is under attack and at risk from …
Human Rights Defense Center v. County of Tehama, et al., CA, stipulation and consent decree, 2020 Case 2:20-cv-00359-WBS-DMC Document 23 Filed 05/13/20 Page 1 of 7 1 SANFORD JAY ROSEN – 062566 JEFFREY L. BORNSTEIN – 099358 2 ERNEST GALVAN – 196065 LISA ELLS – 243657 3 BENJAMIN BIEN-KAHN – …
Article • April 15, 2020 • from CLN May, 2020
Kansas Supreme Court Holds Threat of Violence Statute Violates First Amendment to Extent it Criminalizes ‘Reckless’ Conduct by Dale Chappell by Dale Chappell The Supreme Court of Kansas held on October 25, 2019, that the statute criminalizing speech determined to be a threat of violence is unconstitutional, at least as …
Human Rights Defense Center v. County of Tehama, et al., CA, complaint, 2020 Case 2:20-at-00165 Document 1 Filed 02/14/20 Page 1 of 18 1 SANFORD JAY ROSEN – 062566 JEFFREY L. BORNSTEIN – 099358 2 ERNEST GALVAN – 196065 LISA ELLS – 243657 3 BENJAMIN BIEN-KAHN – 267933 ROSEN BIEN …
Worth Rises: Paying for Jail - How County Jails Extract Wealth from New York Communities, 2019 PAYING FOR JAIL How County Jails Extract Wealth from New York Communities DE C EMBE R 2 01 9 C O- PUBL IS H E D BY: WO RTH RISES Worth Rises is a …
Article • November 20, 2019
Unlike Emoticons, Human Emotions Are Difficult to Interpret by Edward Lyon by Ed Lyon Humans communicate in many ways. Although speech is our primary mode, many non-verbal cues assist in getting one’s message across. Folded arms, crossing then uncrossing one’s legs, yawns, and eye rolling all augment verbal speech. A …
Article • November 19, 2019 • from CLN December, 2019
Free Speech Is Sometimes Expensive by Edward Lyon by Ed Lyon Jon Goldsmith of Montgomery County, Iowa, attended a summer festival last year in adjoining Adams County. He witnessed police misconduct there so outrageous he felt he had to make the public aware of it. Unfortunately for him, the police …
Article • September 17, 2019 • from CLN October, 2019
Arrest for Shouting ‘F—k You’ to Arkansas Trooper Violates First and Fourth Amendments Rights, Eighth Circuit Rules by Michael Berk by Michael Berk An Arkansas state trooper violated a motorist’s First and Fourth Amendment rights when he arrested him for yelling “F--k you,” the U.S. Court of Appeals for the …
Duran Ortega v. City of Memphis, TN, Complaint, ICE Detention, 2019 Case 2:19-cv-02206-SHL-dkv Document 40 Filed 06/25/19 Page 1 of 9 PageID 157 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION ______________________________________________________________________________ MANUEL DURAN ORTEGA, PLAINTIFF, VS. CAUSE NO.:2:19-cv-02206-SHL-dkv CITY OF MEMPHIS, TENNESSEE; SHELBY COUNTY, TENNESSEE; …
Article • May 15, 2019 • from CLN June, 2019
Flipping the Bird, Even Toward a Cop, Is a Constitutionally Protected Right by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit affirmed that raising one’s middle finger without the four other fingers showing is an expression protected by the First Amendment. In doing so, …
Article • April 13, 2019
California Police Unions Balk at New Law Requiring Transparency in Officer-Involved Shootings and Use-of-Force Incidents by Chad Marks by Chad Marks California police unions are bringing their fight against a new transparency law -- Senate Bill 1421 -- to the courts, suing local governments in what looks like a losing …
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