Constitutional Law

22% of Americans think First Amendment protects gun rights, says poll released before Constitution Day

Seventy-seven percent of surveyed Americans were able to recall that the First Amendment protects freedom of speech, but less than half were able to name other rights protected by that amendment.

Sep 15, 2023 11:20 AM CDT

Justice Alito temporarily blocks curbs on Biden administration’s communications with social media

U.S. Supreme Court Justice Samuel Alito on Thursday temporarily blocked an injunction that curbed the Biden administration’s communications with social media.

Sep 15, 2023 9:45 AM CDT

State can’t rely on ‘gossamers of speculation’ to justify ban on gun marketing to minors, 9th Circuit says

A law that bans truthful firearms advertising that appeals to minors should be blocked, a federal appeals court has ruled.

Sep 14, 2023 1:29 PM CDT

‘Torture Memos’ author testifies in ethics hearing to support Eastman’s ideas on Pence as election arbiter

John Yoo, a professor at the University of California at Berkeley School of Law—known for the Department of Justice "Torture Memos" that he wrote supporting waterboarding—testified Tuesday in support of one of John Eastman’s legal theories on how to overturn the 2020 election.

Sep 14, 2023 12:00 PM CDT

Ginni Thomas’ work with conservative activists led to movement that helped overturn precedent

The conservative legal movement gained ground after the U.S. Supreme Court struck down restrictions on independent campaign spending by corporations in the 2010 Citizens United v. Federal Election Commission ruling.

Sep 12, 2023 8:15 AM CDT

US pressure on social media over misinformation likely unconstitutional, 5th Circuit says

Updated: The U.S. government likely violated the First Amendment by pressuring social media companies to block COVID-19 misinformation and other content, a federal appeals court ruled Friday.

Sep 11, 2023 10:42 AM CDT

So you were convicted of killing someone who’s still alive—now what?

Many installments of this column have focused on true-crime documentaries examining murder convictions and the legal process and “evidence” that led to them. While those series or stand-alone shows are undoubtedly intriguing, we always seem to be left with the same conclusion: Even if the defendant didn’t kill the person, the person is still dead. But what if we were presented with a situation in which someone was convicted for the murder of a person who was subsequently found alive and well?

Sep 6, 2023 9:42 AM CDT

8th Circuit decision upholding felon gun ban quickens path to Supreme Court, lawyer says

A federal appeals court has refused to disturb a panel opinion upholding a ban on gun possession by felons, creating a circuit split.

Sep 5, 2023 2:16 PM CDT

Write-in candidate with 2 law degrees sues to keep Trump off the ballot; different challenge tossed

A law grad with a campaign website and a plan to launch a write-in presidential candidacy has filed several lawsuits contending that former President Donald Trump is barred from running under the 14th Amendment.

Sep 5, 2023 10:12 AM CDT

Ex-prosecutor disbarred for disclosure failures in drug-lab scandal; supervisor, underling get different sanctions

A former assistant attorney general who oversaw the investigation and prosecution of a drug-using chemist at a Massachusetts crime lab has been disbarred for failing to disclose the full extent of the worker’s potential misconduct to affected drug defendants.

Sep 5, 2023 9:07 AM CDT

Top state court upholds unaffordable bail for ‘putative gun-toting drug dealer’

Delaware’s constitutional right to bail does not mean that it must be affordable for dangerous defendants, the state’s top court has ruled.

Sep 1, 2023 11:29 AM CDT

Federal appeals court tosses lawyer’s challenge to anti-bias ethics rule

A Pennsylvania lawyer does not have standing to challenge a state ethics rule banning discrimination and harassment in the practice of law, a federal appeals court has ruled.

Aug 31, 2023 8:55 AM CDT

Onetime SCOTUS contender sues judicial conduct commission, alleging bid to stifle criticism

A North Carolina justice who was once a U.S. Supreme Court contender is alleging that ethics regulators in her state are chilling her First Amendment right to free speech.

Aug 30, 2023 10:43 AM CDT

Chemerinsky: These recent Supreme Court decisions have sparked a wave of litigation

The U.S. Supreme Court’s October 2022 term ended just a couple of months ago, but it’s already apparent that the decisions are leading to a great deal of litigation. What are the major issues left open by the cases that are likely to be litigated in state and federal courts?

Aug 30, 2023 8:17 AM CDT

Louisiana man’s jokes about sheriff’s department are protected free speech, 5th Circuit says

A federal appeals court has ruled in favor of a Louisiana man who was arrested after posting on Facebook that a local sheriff’s department had ordered its deputies to shoot people who were infected with COVID-19.

Aug 28, 2023 11:43 AM CDT