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15 Jan 2017, 10:00 am by Howard Friedman
LEXIS 3682 (ED CA, Jan. 10, 2016), a California federal magistrate judge, ruling on an inmate's habeas corpus petition, recommended concluding that a state court was reasonable when it held that an inmate's free exercise rights were not violated by using his religious necklace with the Eternal Warrior Shield as evidence of affiliation with the Mexican Mafia.In Skandha v. [read post]
21 Dec 2017, 11:21 am by Terry Pell
The First Amendment secures for the individual a “sphere of intellect and spirit” free “from all official control,” the Supreme Court held in West Virginia State Board of Education v. [read post]
13 Jan 2012, 9:19 am by nflatow
One of the arguments in the amicus brief I filed on Perich’s behalf concerned the Court’s leading free exercise precedent, Employment Division v. [read post]
26 Feb 2020, 3:00 pm by Howard Wasserman
And so the Ninth Circuit held on Thursday in PragerU v. [read post]
1 May 2008, 2:18 am
Regina (BAPIO Action Ltd and Another) v Secretary of State for the Home Department and Another House of Lords “Government guidance to National Health Service employers which had the effect of preventing overseas trainee doctors from being offered postgraduate training places in NHS hospitals was unlawful. [read post]
30 Jul 2007, 1:58 am
Disparity reference to ECJ Regina (Horvath) v Secretary of State for the Environment, Food and Rural Affairs Court of Appeal “The Court of Appeal had jurisdiction to review a reference by the High Court to the Court of Justice of the European Communities but if unable with complete confidence to resolve the issue, should uphold the reference. [read post]
5 Aug 2008, 8:22 am
Secretary of State for the Home Department v British Union for the Abolition of Vivisection and Another Court of Appeal “Information supplied by applicants for animal experiment licences was exempt from disclosure under freedom of information provisions if the official in possession of the information knew or had reasonable grounds for believing that it was given in confidence. [read post]
29 Aug 2007, 2:22 am
Policy restricted powers Regina (NA (Iraq)) v Secretary of State for Foreign and Commonwealth Affairs and Others Court of Appeal “Instructions to entry clearance officers that S-series passports were no longer acceptable as evidence of identity and nationality amounted to an unlawful restriction on their powers to decide in individual cases whether such a passport met requirements. [read post]
16 Dec 2011, 12:01 pm by Donna Eng
  After reading such statement several times, I realized that this premise is really the crux of the issue in State v. [read post]
27 Sep 2011, 3:27 am
Circuit Courts of Appeal In Swartzwelder v McNeilly, 01-1085, the U.S. [read post]
1 Jul 2023, 9:15 am by Beatriz Beserra
On June 8, the United States Supreme Court handed down a surprisingly decisive ruling on trademark law and its relationship with First Amendment rights. [read post]
1 Jul 2023, 9:15 am by Beatriz Beserra
On June 8, the United States Supreme Court handed down a surprisingly decisive ruling on trademark law and its relationship with First Amendment rights. [read post]
25 Mar 2024, 4:00 am by jonathanturley
In my forthcoming book, “The Indispensable Right: Free Speech in an Age of Rage,” I explore the evolution of free speech in the United States, including the failure of the Supreme Court to protect free speech during periods of political unrest. [read post]