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5 Jan 2011, 2:08 am
Free speech does not protect employee making a racist statementPereira v Commissioner of Social Services (SJC-08218), the Supreme Judicial Court, Mass., 432 Mass. 251The First Amendment’s guarantee of free speech did not shield a twelve-year public employee from dismissal for telling a racist joke at a political gathering.Linda M. [read post]
29 May 2008, 1:36 am
Regina (HSMP Forum Ltd) v Secretary of State for the Home Department Queen’s Bench Division “The introduction of a new and more restrictive regime for highly skilled immigrants was unlawful because it prejudiced people already admitted to the UK under an earlier regime by reducing their opportunity to gain permanent rights of residency. [read post]
27 May 2008, 1:34 am
SK (Sri Lanka) v Secretary of State for the Home Department Court of Appeal “While the Asylum and Immigration Tribunal had power to pronounce an oral decision at the conclusion of a hearing, it was the written determination which constituted the decision. [read post]
4 Oct 2010, 5:11 pm by Dwight Sullivan
And audio from United States v. [read post]
31 Mar 2013, 2:13 pm by Howard Friedman
Ct., March 27, 2013), the Pennsylvania Commonwealth Court ruled that a Nation of Islam inmate can move ahead with his claims that the lack of separate Nation of Islam services violates his federal and state free exercise rights. [read post]
3 Mar 2013, 11:59 am by Howard Friedman
LEXIS 26312, Jan. 31, 2013) and dismissed an inmate's free exercise claims regarding not receiving a pork-free diet while a pre-trial detainee.In Duwenhoegger v. [read post]
6 Nov 2006, 4:00 am
LEXIS 80099 (MD TN, Oct. 16, 2006), a Tennessee federal district court rejected a convicted prisoner's claim that his free exercise of religion is infringed by the state's capital punishment law that calls for him to choose between electrocution or lethal injection as his method of execution, and mandates lethal injection if he fails to choose.The decision in Nicholas v. [read post]
2 Jul 2018, 11:38 am by Erwin Chemerinsky
One important Kennedy opinion pointing in the other direction was United States v. [read post]
26 Jun 2020, 10:15 am by Jason Mazzone
The court's rationale is that the plaintiffs are likely to succeed on their claim that the state violated the Free Exercise Clause because in exempting (without discernible justification) certain non-religious activities, the state's purported risk-based regulations were not generally applicable. [read post]
21 Nov 2011, 1:59 pm by Andrew
The North Carolina Court of Appeals published a decision in a free-speech retaliation case in  Ginsberg v. [read post]
7 Oct 2008, 7:50 am
Regina (Limbu and Others) v Secretary of State for the Home Department and Others Queen’s Bench Division “It was irrational for the Secretary of State for the Home Department to rely on a discretionary policy relating to settlement entry for Gurkha veterans where that discretion could only be exercised in favour of indefinite leave to remain on the basis of restrictive express factors. [read post]