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free speech
15 August 2017
United States Supreme Court holds ban on disparaging trademarks violates first Amendment; orders Colorado to return criminal fines, costs and restitution when a criminal conviction is reversed; directs federal civil service employment actions which also allege discrimination to go to district courts instead of the Federal Circuit for review; and holds shorter residency time requirement to pass citizenship for mothers violates equal protection.
by William Gaskill
5 May 2017
United States Supreme Court rejects Texas’ standard for analyzing intellectual disability claims in death penalty cases and allows free speech challenge to ban on communication credit card surcharges to proceed.
by William Gaskill
10 August 2015
In the last seven days, the 10th Circuit rejected a coerced speech challenge to Oklahoma’s license plates; affirmed an attempted enticement of a minor conviction; held Oklahoma’s law on open and obvious hazards has changed and remanded a negligence claim for further proceedings; reminded police officers they can just impound cars because they want to; affirmed the denial of a motion to quash indictment; and held first time sale of mining equipment to a mining company was in ordinary course of business and payments made to seller were not subject to recoupment in bankruptcy.
by William Gaskill
18 June 2015
United States supreme Court holds license plates are government speech; allows one death row inmate to assert mental disability while holding another unable to prove entitlement to habeas relief based on his Batson claim; sets out knowledge element for analogous drug charges; concludes three year old boy’s statements t about his abuser not testimonial; and concludes city’s limits on certain signs violates First Amendment.
by William Gaskill
29 April 2015
United States Supreme Court allows ban on judicial candidate personal solicitation of campaign funds and allows limited review of EEOC conciliation efforts.
by William Gaskill