McLaughlin v. Bailey (Lawyers Weekly No. 010-005-16, 3 pp.) (Per Curiam) (Sam Ervin IV, J., not participating) Appealed from Mecklenburg County Superior Court (Robert Ervin, J.) On appeal from the Court of Appeals. N.C. S. Ct. Holding: Even if the ...

Tagged with: First Amendment

Lloyd v. Bailey (Lawyers Weekly No. 010-004-16, 1 p.) (Per Curiam) Appealed from Mecklenburg County Superior Court (Calvin Murphy, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: For the reasons stated in Young v. Bailey ...

Tagged with: First Amendment

Young v. Bailey (Lawyers Weekly No. 010-003-16, 11 pp.) (Robert Edmunds Jr., J.) Appealed from Mecklenburg County Superior Court (W. Robert Bell, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: According to G.S. § 153A-99, ...

Tagged with: First Amendment

Cartwright v. Town of Plymouth (Lawyers Weekly No. 15-02-0880, 19 pp.) (Louise Flanagan, J.) 2:14-cv-00039; E.D.N.C. Holding: Plaintiff Cartwright alleges that he was fired based on speech pertaining to a grievance over the grounds upon which he was suspended; as ...

Tagged with: First Amendment

However ill-advised and rude, flipping off a cop is not a crime, according to a 2013 2nd U.S. Circuit Court of Appeals ruling.

Tagged with: First Amendment police

Davis v. Williams (Lawyers Weekly No. 15-07-0722, 7 pp.) (Wanda Bryant, J.) Appealed from Mecklenburg County Superior Court (Nathaniel Poovey, J.) N.C. App. Holding: The trial court can apply neutral principles of law to determine whether the defendant-church followed its ...

Tagged with: First Amendment

The Bible instructs followers to “be subject for the Lord’s sake to every human institution,” but the judicial branch has generally preferred to avoid getting tangled up in church governance, at least when disputes would require judges to parse through ...

Tagged with: First Amendment Sexual Abuse

Hunter v. Town of Mocksville, NC (Lawyers Weekly No. 15-01-0633, 38 pp.) (Wynn, J.) No. 14-1081, June 15, 2015; USDC at Greensboro, N.C. (Eagles, J.) 4th Cir. Holding: Town police officers in North Carolina, who used a disposable cellphone to ...

Tagged with: First Amendment

State v. Bishop (Lawyers Weekly No. 15-07-0610, 27 pp.) (John Tyson, J.) Appealed from Alamance County Superior Court (G. Wayne Abernathy, J.) N.C. App. Holding: North Carolina’s Cyber-bullying Statute is not directed at prohibiting the communication of thoughts or ideas ...

Tagged with: First Amendment

Stuart v. Camnitz (Lawyers Weekly No. 001-001-15, 37 pp.) (Wilkinson, J.) No. 14-1150, Dec. 22, 2014; USDC at Greensboro, N.C. (Eagles, J.) 4th Cir. Holding: The 4th Circuit upholds a district court decision striking a North Carolina law requiring physicians ...

Tagged with: Abortion First Amendment