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Tag Archives: First Amendment

Panel: College’s police force violates First Amendment (access required)

It's not every day that First Amendment issues get raised in a drunk-driving case. But last week the Court of Appeals threw out a DWI case involving an arrest by a Davidson College police officer, agreeing with the defense that Davidson is a religious institution and giving police powers to the school is unconstitutional. "We hold that the delegation of police power to Davidson College ... is an unconstitutional delegation of ‘an important discretionary governmental power' to a religious institution in the context of the First Amendment," Judge James A. Wynn Jr. wrote in a unanimous opinion before his departure to the Fourth Circuit Court of Appeals. Allen Brotherton, who represented the defendant, said he thinks the opinion should have an impact on the way campus police departments on all church-affiliated schools in the state operate.

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Criminal Practice – DWI – First Amendment – Entanglement Prohibition – Campus Police – Church-Affiliated College (access required)

State v. Yencer. (Lawyers Weekly No. 10-07-0815, 10 pp.) (James A. Wynn Jr., J.) Appealed from Mecklenburg County Superior Court (Jesse B. Caldwell III, J.) Holding: The state’s conveyance of police powers to campus police officers at Davidson College is ...

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Tort/Negligence – Defamation – Civil Practice – Appeals – Interlocutory – Constitutional – First Amendment – Private Person & Matter (access required)

Mathis v. Daly. (Lawyers Weekly No. 10-07-0606, 13 pp.) (Ann Marie Calabria, J.) (James A. Wynn Jr., J., concurring in the result) Appealed from Haywood County Superior Court. (Nathaniel J. Poovey, J.) N.C. App. Holding: Plaintiff accuses defendant of making ...

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