From the category archives:

Constitutional Law

TweetClasses were cancelled at Charlotte School of Law. However, class is not out for some of the law students who are instead wearing neon green hats to monitor the police and protesters at the Democratic National Convention taking place in Charlotte. The students were pressed into service as legal observers.  They are charged with supervising events […]

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TweetJohn Berry, a Kentucky attorney, recently prevailed in a lawsuit which challenged his right to exercise his First Amendment right to free speech.  Berry had criticized the Kentucky Legislative Ethics Commission investigation into the alleged fundraising violations by a state senator.  Specifically, Berry attended a LEC meeting that eventually went into an executive session.  Berry and […]

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TweetIn a new twist, Missouri residents went to the polls to make sure that their state constitution protects their right to religious freedom.   Of course, the U.S. Constitution did the reverse—it stated the right to religious freedom in the negative, i.e., that the U.S. Government could not do anything to abridge people’s religious freedom.  The […]

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TweetIn what might have some scratching their heads and wondering about the ever-increasing litigiousness of American society and what others will identify with, an atheist recently brought suit against Prudhomme’s Lost Cajun Kitchen, a restaurant located in Lancaster County, Pa.  Why you might ask? Because of their Sunday special which offers a 10 percent discount […]

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TweetRecently a federal district judge in New York ruled that New York’s Metropolitan Transportation Authority’s restriction on “demeaning” speech was violative of the U.S. Constitution. See American Freedom Defense Initiative v. Metropolitan Transportation Authority, No. 11-cv-6774 (S.D.N.Y. 2012) Specifically, the MTA refused to run an advertisement that was anti-jihad. The ad stated “In Any War […]

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TweetAs the law that involves the Internet continues to develop, New Jersey has addressed the question of whether bloggers are protected by the same shield laws that are applicable to journalists. Under journalism shield laws, mainstream media is afforded certain protections. For example, in court proceedings, reporters are allowed to withhold the identity of their […]

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TweetThe First Circuit Court of Appeals last week held that the federal Defense of Marriage Act (DOMA) is unconstitutional because it denies married same-sex couples the same federal benefits granted to other married couples. This issue is now clearly headed to the United States Supreme Court which will likely have the final say on the […]

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TweetRecently the Second Circuit threw out a challenge to New York’s Kosher Act of 2004 in a case entitled Commack Self-Service Kosher Meats, Inc. v. Hooker, 11-3517-cv (2d Cir. 5/10/12). Plaintiffs challenged New York’s Kosher Law Protection Act of 2004 as violating the Establishment and Free Exercise Clauses of the First Amendment.  They also argued […]

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