First Amendment

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Definition

Absolute privilege, in defamation law, refers to the fact that in certain circumstances, an individual is immune from liability for defamatory statements..

Overview

Absolute privilege applies to statements made in certain contexts or in...

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OverviewImminent Lawless Action Requirement

This is a category of speech that is not protected by the First Amendment. In Brandenburg v. Ohio, 395 U.S. 444 (1969), the Supreme Court held, "the constitutional guarantees of free speech and free press do...

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Issue

Does the government violate the First Amendment by funding organizations to stop the spread of HIV/AIDS only if they also oppose prostitution and sex trafficking?

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Facts

In 2003, Congress passed the United States Leadership...

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Facts

William Hoeper was a pilot for Air Wisconsin Airlines Corporation (“Air Wisconsin”) from 1998 to 2004. Hoeper v. Air Wisconsin Corp., 232 P.3d 230, 233, 235 (Colo. App. 2009). The Transportation Security Administration ("TSA") authorized Hoeper as...

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California has a law that requires charitable organizations to submit various tax forms to the state, including Schedule B to IRS Form 990 (“Schedule B”), which contains certain donor information. Ams. for Prosperity Found. v. Becerra at 1183. That...

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In 1998, the State of Arizona passed the Citizens Clean Election Act (“the Act”), which created a framework through which the state provides public financing to candidates for statewide political offices. See McComish v. Bennett , 611 F.3d 510, 513 (...

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The Long Term Segregation Unit (“LTSU”) in Pittsburgh’s State Correctional Institution serves as a prison within a prison, housing inmates deemed “too disruptive, violent or problematic” to reside in the general prison population. Banks v. Beard, 399 F...

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Before 1991, Maryland’s Sixth Congressional District was composed of more registered Democrats than registered Republicans. Brief of Appellees, Lamone et al. at 3. However, in 1991, the district lines were redrawn, leaving registered Republicans...

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Under the Patient Protection and Affordable Care Act (“ACA”), employment-based health care plans covered by the Employee Retirement Income Security Act (“ERISA”) are required to provide coverage for certain preventative health services. SeeHobby Lobby...

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James R. Adams is a resident of Delaware and a member of the Delaware State Bar. Adams v. Governor of Delaware at 169. For years, Adams desired a position as a Delaware state judge. Id. In 2009, he applied to be a Family Court Commissioner, but was not...

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