By Tony Mauro | July 18, 2017
Five protesters who disrupted a U.S. Supreme Court session with shouts and songs in 2015 should be sentenced to prison time and barred from the grounds of the court for a year, government lawyers said in court filings Monday.
By Josefa Velasquez | July 13, 2017
The First Department ruled Thursday that Reorg Research, a specialty publisher with a narrow audience and tech-driven business model, is covered by New York's Shield Law, overturning the trial court.
By B. Colby Hamilton | July 11, 2017
A group of Twitter users blocked by President Donald Trump are suing after a request to be unblocked on First Amendment grounds went unheeded.
By Martin A. Schwartz | July 10, 2017
In his Section 1983 Litigation column, Martin A. Schwartz writes that the U.S. Supreme Court recently overturned the Ninth Circuit's "provocation doctrine" on the ground that it was inconsistent with Fourth Amendment excessive force jurisprudence. The court held that whether officers who conduct an unconstitutional search are liable for injuries from their subsequent use of force depends upon the application of traditional proximate cause principles—but applying proximate causation in these circumstances is easier said than done.
By Andrew Denney | July 7, 2017
Lawyers for The New York Times came out swinging on Friday in Sarah Palin's defamation lawsuit against the paper over an editorial linking her to a mass shooting, arguing the former Alaska governor and vice presidential candidate could not show The Times acted with actual malice.
By Harry Sandick and George LoBiondo | July 7, 2017
Harry Sandick and George LoBiondo write that in June, the Supreme Court granted certiorari in a case that will test whether the justices are again willing to break new ground in the cell phone privacy context. The court will decide whether the government needs a search warrant to obtain historical records of a suspect's cell phone location, or whether it may do so under the Stored Communication Act, which requires the government to show only that there are reasonable grounds to believe that the records are "relevant and material to an ongoing criminal investigation."
By Alan E. Sash | July 7, 2017
They teach us in school how the three branches of government in the Constitution check and balance one another. The Bill of Rights, however, has two other checks and balances in place: The First Amendment guarantees us the freedom of the press and the Sixth Amendment guarantees us the assistance of counsel in criminal prosecutions.
By P.J. D'Annunzio | July 7, 2017
In a time when police activity is under increased scrutiny, the U.S. Court of Appeals for the Third Circuit has joined a growing list of federal courts that say the recording of police officers in public is protected by the First Amendment.
By Cogan Schneier | July 5, 2017
A federal judge may decide by Friday whether to block President Donald Trump's newly created voting commission from asking states to hand over voters' personal data.
By Associated Press | June 30, 2017
The state of New York won't hand over identifying information about its voters to President Donald Trump's commission investigating voter fraud, Democratic Gov. Andrew Cuomo announced Friday.
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