U.S. Supreme Court
‘A Profound National Commitment’ to ‘Robust’ Debate
Public officials who sue for libel, must meet a high standard of proof and show that the publisher printed the statements knowing they were false or acted with “reckless disregard.”
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Women Defendants Contributed Mightily to First Amendment Jurisprudence
As we celebrate the 100th anniversary of ratification of the 19th Amendment, we should also remember the courageous female defendants who often faced persecution, ostracism and scorn, merely for holding dissident political views.
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Federal Appeals Court Grants Qualified Immunity to University Officials, Denies Medical Student’s First Amendment Claim for Punishment Over Social Media Post
A previous U.S. Supreme Court’s qualified immunity decision, continues to do significant damage in First Amendment jurisprudence. In this case, regards to punishing a university student for an off-campus Facebook post.
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Long Before Trump Complained About Libel Laws, President Teddy Roosevelt Was Sued for Libel
President Trump has said the nation’s libel laws need to be “opened up” to make it easier for public officials like himself to undertake libel lawsuits, though it did not keep him from criticizing his enemies or attacking libel laws since then.
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A ‘More Modest’ Approach: Making Lemonade Without Lemon
A recent court case deliberated over the deconstruction of the Bladensburg Cross due to citizens regarding it to be offending rather then a memorial honoring WW1 soldiers.
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Let’s Get ‘Mad as Hell’ About the Vital Information We Won’t Get to See
A democratic republic based in the ultimate authority of an informed electorate requires the highest degree of government transparency.
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John Paul Stevens Had ‘Indelible” Commitment to First Amendment
Retired U.S. Supreme Court Justice John Paul Stevens, who served nearly 35 years on the court, left an indelible mark on many areas of First Amendment jurisprudence.
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Then and Now, Flag Burner Benefits From 1989 First Amendment Ruling
Thirty years ago, the Supreme Court handed down a landmark free speech decision, ruling that burning the U.S. flag was a form of “expressive conduct.”
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When Is a Religious Symbol Not a Religious Symbol?
The Supreme Court case that explores whether courts or government agencies are competent to adjudicate what is religious and what is not.
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An Anything Goes Approach to Trademarks: The FUCT Clothing Line
Lack of a trademark does not stop clothing manufacturers from using a brand name such as “FUCT,” but does deny certain benefits, such as protection from imitators.
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