ABA Journal

Constitutional Law

8677 ABA Journal Constitutional Law articles.

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.

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?

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.

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.

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.

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.

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.

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.

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?

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.

Weekly Briefs: SCOTUS asked to hear high school admissions case over race; utility company faces suit after Hawaii wildfires

Supreme Court could hear high school admissions case involving race

The U.S. Supreme Court on Monday was asked to hear a Virginia high school admissions case over race. The Coalition…

6th Circuit sides with OSHA over power to set workplace safety standards

Is Congress’ delegation to the Occupational Safety and Health Administration to set workplace safety standards constitutional?

Activist who succeeded in ending affirmative action targets law firms’ diversity efforts

A conservative activist who led the campaign against affirmative action in college admissions is suing two major law firms for fellowships that they offer to increase diversity in the legal profession.

Alabama can enforce ban on transition treatment for transgender minors, 11th Circuit says

A federal appeals court on Monday ruled that Alabama can enforce a ban on puberty blockers and hormone treatments for transgender youths.

Federal judge orders release of county’s unrepresented defendants, says problem is ‘complete tragedy’

A federal judge in Eugene, Oregon, has ruled that defendants held without lawyers for 10 days in Washington County, Oregon’s jail must be released from custody.

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