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Tag Archives: Constitutional

Pre-publication rule doesn’t violate First Amendment (access required)

Where former employees of national security agencies voluntarily signed agreements giving the agencies prepublication review of certain materials they intend to publish, they knowingly waived their First Amendment rights to challenge the requirement that they submit materials for review. Moreover, ...

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Sex offender denied visits with minor daughter (access required)

Where the convicted sex-offender failed to show a regulation prohibiting sex offenders from having in-person visits with minors unless they received an exception lacked “a rational relation to legitimate penological interests,” his First Amendment right to association claim was dismissed. ...

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‘Contemporaneous’ access to complaints ordered (access required)

Where there is a historic right of access to judicial documents because they provide the public with insight into the functioning of the judicial process, two Virginia courts were ordered to provide “contemporaneous’’ access to newly filed complaints.. Background Courthouse ...

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Suit moot where challenged opinions withdrawn (access required)

Where a labor union challenged advisory opinions limiting government employees’ speech about impeachment efforts in 2020, but those opinions were withdrawn after then-President Trump left office and there was no credible allegation of any chilling effect from the opinions while ...

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Locality may be held liable for enforcing state statute (access required)

In a case of first impression, the court held a local government’s policy of enforcing state law renders it susceptible to Monell liability if the municipal policymaker made a meaningful and conscious choice that caused a constitutional injury. Because the ...

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Virginia Beach ‘at large’ elections discriminatory (access required)

Where a coalition of Black, Latino and Asian American plaintiffs established that  the minority community has less opportunity than other members of the electorate to participate in the political process and elect their preferred candidates under Virginia Beach’s at large ...

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