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Tag Archives: Constitutional

Ocean City may ban females from going topless (access required)

Where the court previously held that protecting the portion of society that disfavored public display of female breasts furthers an important governmental interest, and the Supreme Court has not held otherwise, Ocean City’s ordinance prohibiting women from going topless was ...

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Statute mitigating probationers’ penalties struck down (access required)

Where the General Assembly enacted a statute that prohibits courts from enforcing certain probation violations, the statute violates the separation of powers clause in the Virginia Constitution. Overview A defendant placed on supervised probation is subject to 11 mandatory rules ...

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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Suit moot where challenged opinions withdrawn (access required)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advisory opinions limiting government employees’ speech about impeachment efforts in 2020, but those opinions were withdrawn after then-President Trump left office and there was no credible allegation of any chilling effect from the opinions while ...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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