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September 3, 2024 | SCOTUS Remands Content Moderation Cases But Still Delivers First Amendment Lessons
In Flowers v Mississippi, 588 U. S. ____ (2019), the U.S. Supreme Court held that the jury selection process in Curtis Flowers’ sixth murder trial violated the U.S. Constitution. By a vote of 7-2, the Court found that the trial court committed cle...
In Manhattan Community Access Corp v Halleck, 587 U.S. ___ (2019), the U.S. Supreme Court held that Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate public access channels on the Time Warner-ow...
In Elk Grove Unified School District v Newdow, 542 U.S. ____ (2004), the U.S. Supreme Court sidestepped a constitutional challenge to the Pledge of Allegiance. By holding that the plaintiff lacked standing, the Court avoided deciding whether the wor...
In Mitchell v Wisconsin, 588 U. S. ____ (2019), the U.S. Supreme Court held that the exigent-circumstances exception to the Fourth Amendment’s warrant requirement nearly always allows a blood test without first obtaining a warrant when a breath te...
In Kentucky v Dennison, 65 U.S. 66 (1861), the U.S. Supreme Court held that the Extradition Clause’s commands are mandatory and afford no discretion to executive officers of the asylum State. However, it further held that the federal courts h...
In Kisor v. Wilke, 588 U. S. ____ (2019), the U.S. Supreme Court narrowly affirmed the doctrine of Auer deference. However, the Court made it clear that the doctrine’s application has its limits. Doctrine of Auer Deference In Auer v Rob...
In Rucho v Common Cause, 588 U.S. ____ (2019), the U.S. Supreme Court held that courts have no role in resolving partisan gerrymandering claims. By a vote of 5-4, the divided Court held that such cases present political questions beyond the reach of...
In Gamble v. United States, 587 U. S. ____ (2019), the U.S. Supreme Court upheld the “separate sovereigns” doctrine. Accordingly, states and the federal government may continue prosecuting individuals for the same crime. Facts of the Case ...
In The American Legion v American Humanist Association, 588 U. S. ____ (2019), the U.S. Supreme Court held that the Bladensburg Cross does not violate the Establishment Clause of the First Amendment. While seven justices agreed with the Court’s ju...
In Vidal v. Elster, 602 U.S. ____ (2024), the U.S. Supreme Court held that the names clause of Lanh...
In Trump v. United States, 603 U.S. ____ (2024), the U.S. Supreme Court held that a former Presiden...
In United States v. Rahimi, 602 U.S. ____ (2024), the U.S. Supreme Court upheld a federal law that ...
Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.