Author: DONALD SCARINCI

While many were hoping that the U.S. Supreme Court would address whether existing precedent that excludes threatening speech from First Amendment protection applies to online speech, the justices elected to resolve Elonis v. United States on purely s...

In Fletcher v. Peck, 10 U.S. 87 (1810), the Marshall Court ruled that an act of the Georgia State legislature that nullified a prior land grant they passed violated the U.S. Constitution. It was the first case in which the U. S. Supreme Court held...

Amidst growing distrust of police officers, the U.S. Supreme Court recently addressed the use of force when attempting to subdue a mentally disabled person in San Francisco v. Sheehan The Court’s narrow decision held that two San Francisco police ...

In a 5-4 decision, the U.S. Supreme Court recently held that the state of Maryland’s tax scheme is unconstitutional. Since it fails to recognize taxes paid in other states, the Court found that the state’s personal income tax system violates the...

In United States v. Guest, 383 U.S. 745 (1966), the U.S. Supreme Court held that violations of the Fourteenth Amendment can serve as grounds for criminal charges under a federal conspiracy law that makes it a crime to "injure, oppress, threaten, or i...

The “Speech or Debate Clause” provides powerful protection to members of Congress and prohibits the Executive Branch from prosecuting those with whom it does not agree. One of the first cases to interpret the Speech or Debate Clause is United St...

There are acceptable limits to free speech in some campaign finance laws for the Roberts Court, at least when it comes to judges elected by popular vote. In a case regarding campaign finance laws, Williams-Yulee v. The Florida Bar, the majority of t...

Oral arguments lasted only a few short hours, but the Supreme Court will likely debate the same-sex marriage cases for the next two months. Not surprisingly, Justice Anthony Kennedy holds the likely swing vote that could change history in regards to ...

The U.S. Supreme Court recently ruled that absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s prohibition of unreasonable seizures. The decision in Rodriguez v. United States...

In a brief per curium opinion, the U.S. Supreme Court recently held that lifetime monitoring of a convicted sex-offender could run afoul of the constitutional right to be free from unreasonable searches and seizures. The decision in Torrey Dale Grad...