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Tag Archives: Constitutional

DSS director asserts she was terminated for speech

Where the director of the Pittsylvania County Department of Social Services, or DSS, was terminated two weeks after she spoke as a private citizen about community divisions affecting the delivery of social services in Pittsylvania County, a jury will decide ...

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Commission immune from vacation homeowners’ claim

Where property owners in South Nags Head alleged the North Carolina Coastal Resources Commission committed a taking when it denied them permission to rebuild their vacation home due to environmental regulations, the suit was dismissed because the commission has sovereign ...

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Girls claim charter school dress code violates Title IX

Where a charter school required girls to wear either skirts, jumpers or skorts, instead of pants or shorts, the district court must determine whether this requirement violated Title IX by excluding the plaintiffs from participation, denying them education benefits or ...

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Ocean City may ban females from going topless

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

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

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

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

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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