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10 Oct 2023, 9:29 am by Eugene Volokh
" {These conditions are: (1) Places the student in reasonable fear of harm to the student's person or property. (2) Has a substantially detrimental effect on the student's physical or mental health. (3) Has the effect of substantially interfering with a student's academic performance. (4) Has the effect of substantially interfering with the student's ability to participate in or benefit from the services, activities, or privileges provided by a school.} [read post]
29 Sep 2023, 5:53 am by Eugene Volokh
The objections tend to be three-fold: (1) grammatical confusion, (2) record confusion, and (3) personal beliefs. [read post]
26 Sep 2023, 12:39 pm by centerforartlaw
However, this does not sound like an exceptional museum setting, rather it subscribes to conventional and well-proven methods that curators worldwide use commonly. [read post]
26 Sep 2023, 4:49 am by Guest Author
Their options are (1) to engage in costly legal battles to challenge the regulatory overreach or (2) to settle, pay less-costly-than-litigation fines, and cease their previously lawful activities. [read post]
7 Sep 2023, 5:17 am by Eugene Volokh
The Court emphasized that the fact that the organization's intent was "to exercise a coercive impact on [the broker] does not remove" the First Amendment's protections. [read post]
30 Aug 2023, 5:01 am by Nicholas Nugent
Here we see classic content moderation in action, as defined by two variables: (1) the scope of concern and (2) the scope of action. [read post]
29 Aug 2023, 5:37 am by Nicholas Nugent
Taken together, and as cabined by Tornillo and Hurley, these cases can be said to stand for the proposition that the state can force a private company to carry third-party speech it dislikes as long as (1) the speech medium does not qualify as a coherent speech product, (2) the carried speech is not likely to be attributed to the regulated provider, and (3) the provider is not prevented from disavowing or distancing itself from the speech it is forced to carry. [read post]
24 Aug 2023, 12:12 pm by Eugene Volokh
Pa.): Plaintiff Jane Doe … [sued] to address purported violations of her constitutional rights arising from an incident with a male student, A.M., during the school day at Pine-Richland High School. [read post]
17 Aug 2023, 10:19 am by Eugene Volokh
The inquiry is setting-specific: that a statement may be capable of objective verification in some contexts does not make it an objectively verifiable fact in every context. [read post]
14 Aug 2023, 2:47 pm by Ryan Goodman
The presence of other defendants is also corroborated by the fact that there are charges that are missing from this document – for example, the charges go from Charge 1 to Charge 5, skipping 2 through 4. [read post]
6 Jul 2023, 5:49 am by Eugene Volokh
To give one example from the Ninth Circuit: The plaintiffs in this case previously were denominated "James Rowe, Jane Rowe and John Doe. [read post]
6 Jun 2023, 2:27 pm by Eugene Volokh
This is a biblical principle from 1 Peter 3:7, 1 Timothy 3:1-7, 1 Timothy 5:2, Phillipians 4:3, Genesis 1:27, Proverbs 31:17, Phillipians 2:3 and more. [read post]
2 Jun 2023, 10:30 am by Eugene Volokh
Over Alleged Rape Can't Proceed as "Jane Doe" at Trial appeared first on Reason.com. [read post]
1 Jun 2023, 1:28 pm by Kevin LaCroix
The Ninth Circuit’s Opinion On September 21, 2021, the Ninth Circuit, in a 2-1 opinion written by Judge Jane A. [read post]