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Tag Archives: Constitutional

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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Important Opinions January – December 2018 (access required)

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The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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Gag order does not withstand constitutional scrutiny (access required)

A gag order imposed by the district court overseeing suits against the owners of hog farms breached basic First Amendment principles. Background Hundreds of plaintiffs have alleged that nearby hog farms associated with Murphy-Brown LLC are a private nuisance. Plaintiffs ...

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Healthcare providers challenge state abortion rules (access required)

Five abortion providers challenging Virginia’s regulatory framework as overly burdensome may proceed with their claims. Background This is an action filed by five Virginia healthcare providers’ who offer abortion care or services seeking declaratory and injunctive relief from what they ...

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Airport Authority properly using toll revenues (access required)

The Metropolitan Washington Airport Authority defeated a challenge to its use of toll funds for metro services to Dulles airport. Background Appellants here have raised a variety of constitutional and statutory challenges to Metropolitan Washington Airport Authority’s ability to use ...

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