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Tag Archives: Constitutional

Challenge to law requiring educational courses be certified was viable (access required)

Where a state law prohibited plaintiffs from offering certain postsecondary educational programs without obtaining certification, plaintiffs could proceed on their claim that the law violated their First Amendment rights, but they were unable to demonstrate a likelihood of success on ...

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New districts for 2019 House of Delegates elections (access required)

The majority of the panel accepted new districts proposed by the court-appointed special master whose methodology suggests the voting rights of black voters would not be diluted. Eleven districts had been held as racial gerrymanders in violation of the Equal ...

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High-school unit on Islam did not violate Constitution (access required)

A school did not violate the Establishment or Free Speech clauses by presenting an 11th-grade history unit that provided information about Islam, and tested a student’s understanding of that knowledge through a test. Background During the 2014-2015 school year, Caleigh ...

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First Amendment rights not violated by revocation of privileges (access required)

Plaintiffs’ First Amendment rights were not violated when a transit authority revoked their access to certain restricted property even though the revocation was made in retaliation to activities protected under the First Amendment. Background Plaintiff David McClure is the president ...

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Ban of constituent from Facebook page violated First Amendment (access required)

Although neither the U.S. Supreme Court nor any Circuit has addressed whether a governmental social media page constitutes a public forum, the court found aspects of the Loudoun County Board chair’s Facebook page bear the hallmarks of a public forum. ...

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‘Incumbent Protection Act’ is unconstitutional (access required)

In rejecting the commonwealth’s challenge to a decision that the “Incumbent Protection Act” violates the First Amendment, the court found the law’s operative provisions are unconstitutional and impose a “severe” burden on the associational rights of Virginia’s political parties. Background ...

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License suspension for failure to pay fines stopped (access required)

Plaintiffs who challenged the constitutionality of a Virginia law that requires the automatic suspension of drivers’ licenses for failure to pay state court fines and costs won a preliminary injunction, as they demonstrated there were insufficient procedures in the law ...

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