Blog Posts: Court Rulings

Protecting Domestic Violence Victims or Depriving the World of the Next Eminem?: A Brief Examination of Elonis v. United States

Picture this, you marry someone you love and start creating a life together. Eventually, you have two children together, whom you adore, but eventually, your marital relationship begins to suffer and the two of you are arguing more often and decide to divorce.


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No Comments | Posted by Jenica D. Hughes on Wed. March 30, 2016 12:10 PM
Categories: Court Rulings, Freedom of Speech, Social Media

CECIL THE LION’S ROAR: LIBEL IN AN INTERNET AGE

With the advent of the Internet, an entirely new realm of libel law has emerged in the courts, forcing judges to examine entirely new questions of Internet vigilantism and how to deal with crimes in a digital world.   Defamation, 20 N.C. Index 4 th  Libel and Slander  §  1, includes the two separate torts of libel and slander. This blog will focus specifically on the libel associated with Walter Palmer and Cecil the Lion.
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No Comments | Posted by Elizabeth A. Kapopoulos on Mon. February 29, 2016 3:26 PM
Categories: Court Rulings, Freedom of Speech, Social Media

Unlicensed and Unheard: Stifling Segway Speech

Do tour guide licensing requirements violate the Free Speech Clause? In the past year, tour guides in two major tourist-destination cities challenged licensing schemes to two different results.  For guides in the city of New Orleans, the Fifth Circuit held that the enforcement of tour guide regulations served an important governmental purpose and was within the confines of its police power to implement.  Kagan v. City of New Orleans, La. , 753 F.3d 560 (5th Cir. 2014),  cert. denied,  135 S. Ct. 1403, 191 L. Ed. 2d 361 (2015). The D.C. Circuit struck down a similar Washington D.C. regulation on the grounds that the government interest was not great enough, nor was the regulation sufficiently tailored to pass an intermediate scrutiny test.  Edwards v. D.C. , 755 F.3d 996 (D.C. Cir. 2014). The D.C. Circuit opinion concluded that while content-neutral, the licensing scheme was not implemented in the least restrictive way possible, a requirement for even facially-neutral laws.  Id.  
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No Comments | Posted by Mia B. Ragent on Mon. February 22, 2016 12:18 PM
Categories: Court Rulings, Freedom of Speech

“Chilling” Campaign Finance Law Upheld

Political silence, the inability to have one’s voice heard, is an issue that marginalizes many citizens and residents. In an effort to remedy this pervasive issue, some citizens choose to give money to public policy think tanks that help foster discussion about important public policy topics. However, this important tool for political mobility seems to be under siege, as issue-focused organizations face costly litigation arising from burdensome reporting requirements.


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No Comments | Posted by Joseph M. Swindle (Max) on Fri. November 6, 2015 6:15 PM
Categories: Court Rulings, Freedom of Speech

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