Constitutional | Virginia Lawyers Weekly

Court Record-Sealing Case Transferred

By Deborah Elkins
Published: May 25, 2012
Tags: Constitutional, Judge Walter S. Felton Jr., Virginia Court of Appeals

In a newspaper’s appeal of a circuit court decision to remove original photographs and an autopsy report from the public record in a murder and felony child-neglect case, and to seal photocopies of certain exhibits retained in the court file, the Court of Appeals says it does not have jurisdiction to hear the appeal and [...]

Sign Ordinance is ‘Content Neutral’

By Deborah Elkins
Published: May 24, 2012
Tags: 4th U.S. Circuit Court of Appeals, Constitutional, Judge Albert Diaz

An Arlington County sign ordinance that required a doggy daycare business to remove a 960-square foot painting of cartoon dogs on the side of the daycare’s business passes constitutional muster as a content-neutral restriction on speech that survives intermediate scrutiny, the 4th Circuit says.
The county informed the daycare owner, Kim Houghton, that the painting violated [...]

‘Like’ on Facebook is not protected

By Deborah Elkins
Published: May 4, 2012
Tags: Constitutional, Federal Courts, Judge Raymond A. Jackson

A Facebook “like” for a boss’s political opponent is not protected speech under the First Amendment, a federal judge in Newport News said last month.
One “click of a button” on a Facebook page does not warrant constitutional protection under existing case law, the judge said, in a lawsuit over public employees’ free speech and association [...]

New case could impact sex-abuse, job-bias cases

By Kimberly Atkins
Published: January 23, 2012
Tags: Constitutional, Employment, U.S. Supreme Court

The U.S. Supreme Court’s ruling that the First Amendment’s ministerial exception bars job-bias suits against religion-based employers likely will have an impact far beyond discrimination claims.
The affirmative defense could be invoked in other cases, including those alleging sexual abuse by members of the clergy.
“Yes, I think that churches and religious organizations who are [...]

‘Queen of Charm’ loses over speech outside school

By Peter Vieth
Published: July 29, 2011
Tags: 4th U.S. Circuit Court of Appeals, Constitutional, Judge Paul V. Niemeyer

A public school system may suspend a student for posting ugly accusations about another student on a MySpace page, even though the activity was outside of school, the 4th U.S. Circuit Court of Appeals has decided.
The decision addresses an issue still undecided by the U.S. Supreme Court: Whether schools can regulate out-of-school speech targeting other [...]

Bill: Warrant would be needed for GPS tracking

By Peter Vieth
Published: June 22, 2011
Tags: Constitutional, Criminal, Franklin County Circuit Court, Judge William N. Alexander II

A bill introduced in Congress this month would put an end to a current police practice – use of a GPS tracking device without a warrant to follow a suspect.
The measure would force law enforcement to get a judicial OK before using such electronic surveillance.
Supporters say the bill protects basic privacy rights. Police and [...]

Ethics charges are filed over blog

By Deborah Elkins
Published: May 13, 2011
Tags: Chesterfield County Circuit Court, Constitutional, Federal Courts, Judge Frederick G. Rockwell III, Judge John A. Gibney Jr., Law Firms, Lawyer Discipline, Social Media, Virginia State Bar

Richmond lawyer Horace F. Hunter faces a June 10 disciplinary hearing before the Virginia State Bar on a charge that a blog on his law firm website does not carry a disclaimer.
Hunter says the VSB’s demand for a disclaimer violates his First Amendment rights. He sued the VSB in federal court under 42 U.S.C. § [...]

Lower-Density Townhouse Permit Not a ‘Taking’

By Deborah Elkins
Published: March 9, 2011
Tags: 4th U.S. Circuit Court of Appeals, Constitutional, Judge J. Harvie Wilkinson III

In this decades-old dispute, not unlike a “chronicle of the Tudor dynasty,” between a West Virginia landowner and local government bodies and neighbors who played a part in resisting his development plans, the 4th Circuit says the denial of a more intensive conditional use permit than the one he was granted by local officials did [...]

Constitutional – First Amendment – Medal Claim – Stolen Valor Act

By Deborah Elkins
Published: January 6, 2011
Tags: Constitutional, Judge James P. Jones, U.S. District Court - Western District

A Big Stone Gap U.S. District Court says the Stolen Valor Act of 2005 does not violate defendant’s First Amendment free speech rights, and the court refuses to dismiss an indictment charging defendant political candidate with altering documentation submitted to the Veterans of Foreign Wars and falsely stating that he served in Vietnam and received [...]

Constitutional – Federal Health Care Challenge – Commerce Clause

By Deborah Elkins
Published: December 15, 2010
Tags: Constitutional, Judge Henry E. Hudson, U.S. District Court - Eastern District

A Richmond U.S. District Court strikes § 1501 of the Patient Protection and Affordable Care Act, a provision that requires individuals to either obtain a minimum level of health insurance coverage or pay a penalty for failure to do so, and severs that provision from the act, as a violation of the Commerce Clause.
Section 1501, [...]

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