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28 May 2024, 9:15 am by Daniel M. Kowalski
Ashcroft, 376 F.3d 810, 814–15 (8th Cir. 2004) (citation omitted), because it requires the defendant to have known only that he possessed an image—not that the image depicted a minor. [read post]
2 May 2024, 6:00 am by Public Employment Law Press
The Circuit Court of Appeals, Second Circuit, said in order to survive a motion to dismiss, a complaint’s “allegations must meet the plausibility standard set out in Ashcroft v. [read post]
2 May 2024, 6:00 am by Public Employment Law Press
The Circuit Court of Appeals, Second Circuit, said in order to survive a motion to dismiss, a complaint’s “allegations must meet the plausibility standard set out in Ashcroft v. [read post]
30 Apr 2024, 12:25 pm by Derek Muller
Ashcroft (lightly revised): [T]he only issue in this case is… Continue reading The post In election contest, Missouri Supreme Court throws out enacted state constitutional amendment on police funding for faulty ballot summary appeared first on Election Law Blog. [read post]
22 Apr 2024, 11:16 am by Eugene Volokh
See Ashcroft, 535 U.S. at 578 (noting that a key reason the court struck down the Communications Decency Act in Reno was that the statute failed to "exclude[] from the scope of its coverage works with serious literary, artistic, political, or scientific value"); see also Book People, Inc. v. [read post]
22 Apr 2024, 5:00 am by Bernard Bell
Many state and local officials host social media sites and use them to converse with followers on matters related to their governmental responsibilities, among other things.[1]  Not surprisingly, many choose to block from their sites certain members of the public they find disagreeable.[2] Being disagreeable, or at least in disagreement with such actions, blocked followers sometimes sue alleging that their exclusion violates the First Amendment.[3]  One of the most notable examples was a… [read post]
4 Apr 2024, 6:59 am by Second Circuit Civil Rights Blog
The Court of Appeals (Sack, Nardini and Perez) holds that this claim survives the motion to dismiss because the complaint "contains sufficient allegations of irregularities in Defendants' treatment of Davis after the collision that nudge his selective enforcement claim across the line from conceivable to plausible," the pleading test under Ashcroft v. [read post]
30 Nov 2023, 9:21 am by Howard Bashman
The post “My Bit Role in Ashcroft Hospital Saga; ‘You might have just saved this presidency’” appeared first on How Appealing. [read post]