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Tag Archives: Constitutional

Jail is permanently enjoined from blocking books, magazines (access required)

A prisoners’ rights group whose First Amendment rights were violated by a jail policy that allowed inmates to receive only preapproved books, and prohibited them from receiving magazines, is entitled to a permanent injunction governing the delivery of publications and ...

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Challenge to Maryland’s ballot signature policy fails (access required)

The Libertarian Party of Maryland’s challenge to the state’s requirement for placing a candidate on the ballot –  the signatures of 10,000 registered Maryland voters collected within two years of the filing date – was properly dismissed. As a matter ...

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No error in rejecting ‘substantially similar’ claims and arguments in habeas (access required)

Where the claims and arguments in a death row inmate’s habeas petition did not “fundamentally alter” those previously rejected by the post-conviction court, the district court did not err in rejecting them under a deferential standard of review. A new ...

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Judges uphold reporter’s privilege (access required)

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Citing a First Amendment reporter’s privilege, two Virginia circuit judges have blocked subpoenas seeking information gathered by a Richmond news reporter. One ruling includes written analysis in a two-page order. Both judges held the company seeking the reporter’s information had ...

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Capital defendant loses bid to file another habeas petition (access required)

Where a North Carolina inmate attempting to challenge his capital sentence on the basis of his intellectual disability could not establish that recent Supreme Court decisions applied retroactively to cases on collateral review, his motion seeking authorization to file a ...

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No violation of First Amendment rights at public hearing (access required)

Although a speaker alleging he was limited from speaking at a public hearing had standing to assert a First Amendment claim, because the topics were limited in a reasonable and viewpoint neutral manner, and the behavior was not “chilling,” there ...

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