Results for: First Amendment

SCOTUS Chastises Lower Courts in Online Speech Law Cases, Sends Them Back
https://redstate.com/jimthompson/2024/07/01/scotus-chastises…r-courts-in-online-speech-law-cases-sends-them-back-n2175965
Amendment merits, because neither Court of Appeals properly considered the facial nature of NetChoice’s challenge. … In a facial challenge, that could well matter, even when the challenge is brought under the First Amendment. … But that work must be done consistent with the First Amendment, which does not go on leave when social media are involved.As background…
Newsom's 'Hail Mary' Proposition to Neuter the Reform Prop 47 Ballot Initiative Goes to the Legislature
https://redstate.com/jenniferoo/2024/07/01/newsoms-hail-mary…e-prop-47-ballot-initiative-goes-to-the-legislature-n2176215
– measure on the ballot that would counter the reform prop 47 measure that has already qualified.The counter measure “would be the first … Proposition 47 needed change and neither has commented yet on the effort to put together the competing initiative, which KCRA 3 first …   Here’s Election Code section 9040: “Every constitutional amendment, bond measure, or other legislative measure submitted to…
Federal Judge Slams Department of Education's Bizarre Interpretation of Title IX and Transgenderism
https://redstate.com/streiff/2024/07/03/federal-judge-slams…zarre-interpretation-of-title-ix-and-transgenderism-n2176327
– the rule because of the Major Questions Doctrine, 3) the rule violates the Constitution's spending clause 4) the rule violates the FirstAmendment because it is impermissibly vague and overbroad, and, finally, 5) the rule violates the Administrative Procedure Act because …  Speech First, Inc. v.…
Meanwhile in Delaware: The Battle of 'Supplemental Authority' Rages On in Hunter Biden's Gun Case
https://redstate.com/smoosieq/2024/07/04/meanwhile-in-delawa…mental-authority-rages-on-in-hunter-bidens-gun-case-n2176371
– The June conviction of First Son Hunter Biden on gun charges in federal court in Delaware came as a surprise not because the evidence …  Supreme Court Declines to Toss 2nd Amendment Restrictionsin Certain Domestic Violence CasesOpinion: SCOTUS Once Again Ignores … that several other "GVRs" issued by the Court on the same day involved lower court decisions that had, in fact, rejected Second Amendment
The Bipartisan Safer Communities Act Has Been a Massive Failure
https://redstate.com/jeffc/2024/06/28/the-bipartisan-safer-communities-act-has-been-a-massive-failure-n2176062
First, do we know they were truly prevented from buying a firearm or did they go to the black market and get one after being denied … passed, it was abundantly clear that it was not going to save lives, nor would it respect the Second Amendment. … Sure, it wasn’t the sweeping gun restrictions President Joe Biden wanted when he first came into office, but it was something.The law…
The Supreme Court Firebombs the Administrative State and Tells Congress to Get Off Its Butt and Work
https://redstate.com/streiff/2024/06/28/the-supreme-court-fi…ate-and-tells-congress-to-get-off-its-butt-and-work-n2176118
– The first of these was Snyder vs. US. … social media outlets to censor content the government doesn't like was disappointing.BACKGROUND: BREAKING: Supreme Court Deals FirstAmendment Blow in Murthy v.…
The Skinny on SCOTUS - 6-28-24 Edition: On Chevron, J6, and Unhappy Campers
https://redstate.com/smoosieq/2024/06/28/the-skinny-on-scotus-6-28-24-edition-n2176123
– Circuit, First Circuit Basic Facts:The Court granted certiorari in these cases limited to the question whether Chevron U. S. … behalf of homeless people living in Grants Pass, claiming that the city’s ordinances against public camping violated the Eighth Amendment … generally applicable laws regulating camping on public property constitute "cruel and unusual punishment" prohibited by the Eighth Amendment
Supreme Court Rules Homeless Do Not Have a Right to Camp on Public Property
https://redstate.com/streiff/2024/06/28/supreme-court-rules…less-do-not-have-a-right-to-camp-on-public-property-n2176108
– The question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes … The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights … homeless people from Grants Pass, OR, contending that city's ordinance forbidding camping on public property violated the Eighth Amendment
Identity Politics Biting Dems As Harris Allies Bristle Over Possible 'White' Biden Replacement Candidates
https://redstate.com/beckynoble/2024/07/02/identity-politics…le-over-possible-white-biden-replacement-candidates-n2176261
– .— CJ Pearson (@thecjpearson) July 1, 2024After the debate, Newsom was one of the first to come out and defend Joe Biden. … know.The Harris inner circle may be getting as big a dose of reality, just like many Americans who saw Joe Biden's condition for the first … If they jettison Joe via the 25th Amendment, Kamala Harris loses to Donald Trump handily.…
Opinion: SCOTUS Once Again Ignores the Second Amendment by Opting for Inaction on 13 Cases
https://redstate.com/mdempsey/2024/07/02/scotus-once-again-i…the-second-amendment-by-taking-inaction-on-12-cases-n2176279
– Officially, the Supreme Court took action today on 13 cases regarding the Second Amendment. … Whether “the people” must convince government officials of their “good moral character” before exercising their Second Amendment right … California's "large capacity magazine" ban was first signed into law almost 24 years ago, yet the several lawsuits that challenged…
Hunter Biden's Legal Team Makes Swift Use of Supreme Court Decision
https://redstate.com/smoosieq/2024/06/30/hunter-bidens-legal-team-makes-swift-use-of-supreme-court-decision-n2176184
– Court the last week of June, but Hunter Biden's legal team is already availing itself of one of the rulings in an effort to have the First … In the first place, unlike Snyder where nobody has a right to give or accept a gratuity, Mr. … Biden’s conduct implicates his constitutional Second Amendment rights. Nevertheless, Mr.…
Monday Morning Minute
https://redstate.com/smoosieq/2024/07/01/monday-morning-minute-n2176214
– There's a pair of cases involving the First Amendment and the states of Texas and Florida's attempts to restrict content moderation … by online platforms (the NetChoice cases), one involving when a claim first accrues under the Administrative Procedure Act (Corner…
AOC UNLEASHED: Socialist Firebrand to File Impeachment Articles Against... The Supreme Court?
https://redstate.com/wardclark/2024/07/01/aoc-unleashed-soci…file-impeachment-articles-against-the-supreme-court-n2176236
First of all, I would say to the Congresswoman, "Alexandria, please, America is not and never has been a democracy; find someone who … has the final say in these matters by design; they judge laws against the Constitution and, excepting only the constitutional amendment
The Skinny on SCOTUS - 7-1-24 Edition: Immunity Has Entered the Chat
https://redstate.com/smoosieq/2024/07/01/the-skinny-on-scotus-7-1-24-edition-n2176221
Amendment challenges against the two laws. … The court held that the State’s restrictions on content moderation trigger First Amendment scrutiny under this Court’s cases protecting … In that court’s view, the platforms’ content-moderation activities are “not speech” at all, and so do not implicate the First Amendment
Can't Make This Stuff Up: Hunter Biden Is Suing Fox Over 'Revenge Porn'
https://redstate.com/smoosieq/2024/07/01/cant-make-this-stuff-up-hunter-biden-is-suing-fox-over-revenge-porn-n2176247
– Nevertheless, the First Son is, indeed, suing Fox News Channel over a 2022 miniseries streamed by the network.In a lawsuit filed Monday … Consistent with the First Amendment, FOX News has accurately covered the newsworthy events of Mr.…
Oklahoma's Supreme Court Bans Catholic Charter School in Seeming Defiance of the Supreme Court
https://redstate.com/streiff/2024/07/05/oklahomas-supreme-co…ter-school-in-seeming-defiance-of-the-supreme-court-n2176428
– Oklahoma's Supreme Court has declared what would have been the nation's first religious charter school unconstitutional. … Relying upon Oklahoma's constitution, which contains an anti-Catholic Blaine Amendment, the court found that a charter granted by the … House of Representatives, took up the charge: Within days, he introduced an amendment to the U.S.…
WATCH: Joe Biden's Big Interview With George Stephanopoulos Is Out, and It's an Absolute Trainwreck
https://redstate.com/bonchie/2024/07/05/watch-the-first-clip…ns-big-interview-with-george-stephanopoulos-are-out-n2176427
– BIDEN: *incoherent rambling*"It seemed like you were having trouble from the first question in..." …  STEPHANOPOULOS: But it seemed like you were having trouble from the first question in, even before he spoke. … It's 25th Amendment time.Editor's Note: This article was edited post-publication for clarity. …
NEW: Frightening Report Paints an Even Worse Pic of Biden Behind the Scenes - 'Lost All Independence'
https://redstate.com/nick-arama/2024/07/05/new-report-paints…ic-of-biden-behind-the-scenes-lost-all-independence-n2176415
– They should be talking about the 25th Amendment. … The aides mentioned are Deputy Chief of Staff Annie Tomasini, the first lady's top adviser Anthony Bernal, and longtime aide Ashley…
The 25th Amendment: It's Not Just a Good Idea - It's the Law
https://redstate.com/wardclark/2024/07/07/the-25th-amendment-its-not-just-a-good-idea-its-the-law-n2176486
– cycle has been dominated by President Joe Biden's decline, which was made inarguable to even the most partisan Democrats after the first … The 25th Amendment has been mentioned time and again as a possible tool to remedy this embarrassing situation, and that's not without … proceedings.Section 3 of that amendment describes the voluntary stepping-down of the president:Whenever the President transmits to…
NY Gov. Hochul Finds an Acorn, Shuts Down CUNY 'Palestinian Studies' Job Posting
https://redstate.com/wardclark/2025/02/26/ny-gov-hochul-find…orn-shuts-down-cuny-palestinian-studies-job-posting-n2186041
– Oh, the proponents of the non-nation of "Palestine" and Jew hatred have the same First Amendment rights as anyone else, and they are…
Friday Morning Minute: Morning in America
https://redstate.com/smoosieq/2025/02/21/friday-morning-minute-n2185832
–  The first was from Sen. Sullivan on protecting medicare/medicaid. The second was from Sen. … State - Marco Rubio — Rubio shared the State Department highlights of Trump's first month in office.Sec. … We've seen so many steps in the right direction in just this first month.…
Associated Press Sues Trump Admin Over Access
https://redstate.com/wardclark/2025/02/22/associated-press-sues-trump-admin-over-access-n2185877
Amendment rights and due process protections under the Fifth Amendment, the lawsuit asks a federal judge to restore the AP’s access … To a layman, it's hard to see how this is a First Amendment issue. … But the First Amendment does not guarantee them a place in the White House press pool.In fact, this issue arose over the AP's refusal…
Flag Burning, Free Speech, and the Heckler's Veto: The Collapse of Liberty and Individual Rights
https://redstate.com/wardclark/2025/02/24/flag-burning-free…veto-the-collapse-of-liberty-and-individual-rights-n2185966
– There's a reason that freedom of speech is contained in the very first amendment in our Bill of Rights; because it's that important … It even comes ahead of the amendment that guarantees the right that guarantees the other, the Second Amendment.…
Round One Goes to the White House As Judge Rules on AP's Request for TRO
https://redstate.com/smoosieq/2025/02/24/round-one-goes-to-t…e-white-house-as-judge-rules-on-aps-request-for-tro-n2185976
– return, the White House has revoked the AP's access to the Oval Office and Air Force One, which the AP claims is a violation of its First … and Fifth Amendment rights.…
In His Joint Address, Trump Touts Common Sense Government, Which Is What Small Business Needs Right Now
https://redstate.com/jenniferoo/2025/03/04/in-his-joint-addr…on-sense-which-is-what-most-americans-want-and-need-n2186283
– Along with an examination of all regulations to see if they infringe on Second Amendment rights, Trump signed an executive order on … pic.twitter.com/3Q9nFdK0cW— RSC (@RepublicanStudy) March 5, 2025This was a policy point Trump set in motion during his first term, … and along with America's prosperity, he is bringing it back.In his first term, President Trump asked the agencies to eliminate two…
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