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Tag Archives: First Amendment

Civil Practice – Under Seal – First Amendment – Personnel Information

Robinson v. Bowser The interest of protecting the privacy of non-parties to this action outweighs the First Amendment right of access to certain materials included in or with the Parties’ summary judgment filings. However, because Plaintiff made her own personnel information a matter of public concern by bringing this action, because said information appears critical to resolution of this case, and because Plaintiff has failed to articulate any specific harm that might result from the disclosure of that information, Plaintiff’s desire to keep said information from the public’s view does not outweigh the public’s First Amendment right of access.

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Labor & Employment – Public Employees – Civil Rights – Constitutional – First Amendment – Free Speech – Qualified Immunity – ADA – Judicial Candidate

Smith v. Gilchrist Given the complexities of determining when an assistant district attorney is entitled to First Amendment protection when he speaks out on a matter that concerns the District Attorney’s office, the plaintiff-ADA did not have a clearly defined right to give an interview in which he criticized a program closely associated with the DA’s office.

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Constitutional – Civil Rights – False Arrest & Excessive Force – Fourth Amendment – First Amendment – Profanity Arrest

Elabanjo v. Bellevance Even though plaintiff’s district-court conviction of being drunk and disorderly was overturned on appeal, the conviction conclusively establishes that the defendant-police officers had probable cause to arrest plaintiff on those charges.

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Domestic Relations – Civil Practice – Interlocutory Appeal – Parent & Child – Temporary Custody Order – First Amendment – Religion – Judges

Sood v. Sood The trial court’s custody order was temporary in that it left open the issues of psychological evaluations of the parties’ mental conditions, the defendant-father’s child support arrearage, and holiday schedules after the 2012 spring break. In fact, the father concedes in his brief that the custody order is temporary. Therefore, the order is interlocutory.

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Government waist: Dunn mulls ban on too-loose pants

At the request of the Dunn city council, city attorney Tilghman Pope is busy researching just how tight constitutional protections of saggy pants might be. Earlier this month the council voted unanimously to have Pope explore the possibility of a baggy-britches ban despite warnings from the American Civil Liberties Union that the First and Fourteenth Amendments guarantee an individual’s right to a wide range of questionable fashion choices.

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