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Tag Archives: Constitutional

Trucker takes the Fifth in wrongful death case (access required)

A long-haul truck driver sued for wrongful death after a collision on Interstate 81 can invoke his Fifth Amendment privilege and refuse to answer questions in the personal injury action, an Abingdon federal court says. The accident happened on a ...

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Healthcare challenge advances in federal court (access required)

(AP) An Oct. 18 hearing before U.S. District Judge Henry E. Hudson will be the next major proceeding in Virginia Attorney General Ken Cuccinelli’s challenge to a key element of the Obama administration’s health care reform package. A spokesman for ...

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Constitutional – Federal Health Care Challenge – Commerce Clause – Taxing Power (access required)

A Richmond U.S. District Court refuses to dismiss the Commonwealth of Virginia’s challenge to § 1501 of the Patient Protection & Affordable Care Act, a provision that requires individuals to either obtain a minimum level of health insurance coverage or ...

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Constitutional – First Amendment – SSN Publication – Va. Land Records (access required)

Virginia may not enforce a statute that prohibits communication of an individual’s Social Security Number to the general public against an advocate for privacy in online records who republished SSNs of public officials to dramatize her message about a lack ...

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Constitutional – First Amendment – Airport Newspaper Racks (access required)

In this case upholding summary judgment for plaintiff newspaper publishers that a public airport’s total ban on newspaper racks inside its terminals violates the First Amendment, the 4th Circuit denies rehearing en banc. Concurrence Wilkinson, J., concurring in the denial ...

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Virginia won’t join brief over funeral protest (access required)

Virginia was one of just two states that refused to join a friend-of-the-court brief Tuesday supporting the father of a Marine whose funeral drew anti-gay protesters carrying inflammatory signs. Attorney General Ken Cuccinelli’s spokesman said concerns about freedom of expression ...

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Supreme Court grants 6 civil, 3 criminal appeals (access required)

Among the appeals granted recently by the Supreme Court of Virginia is a contention that a Fairfax County Circuit judge erred in allowing a corporate defendant to assert repudiation as a defense to its former president’s breach of contract claim, ...

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Free-speech group flags First Amendment violations (access required)

(AP) Banning the sale of wine because of a nude, bike-riding nymph on the label of the bottle. Confining campus protests to a “free-speech patio.” Keeping street performers off the Las Vegas Strip. Those were some of the actions that ...

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Constitutional – First Amendment – Alcohol Ads – College Newspapers (access required)

A regulation of the Virginia Alcoholic Beverage Control Board that restricts alcohol ads in college newspapers is not facially unconstitutional, and the 4th Circuit reverses the district court’s contrary decision and remands the case for further proceedings. Both parties agree ...

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