On May 29, 2019, the U.S. Supreme Court decided the matter of Nieves v. Bartlett, Docket no. 19-1174. The central question was whether probable cause defeats a First Amendment retaliatory-arrest claim under 42 U.S.C. § 1983. In a 6-3 decision, the Court held that because police officers had probable cause to arrest Russell Bartlett, his … Continue reading Supreme Court holds that probable cause can defeat a First Amendment retaliatory-arrest claim under 42 U.S.C. § 1983.
Today, in Fields v. City of Philadelphia, et al., the Third Circuit Court of Appeals joined five other circuit courts in holding that the 1st Amendment protects the public recording of police officers. As stated in the decision, the background is somewhat simplistic - Mr. Field and a Mrs. Geraci attempted to record "Philadelphia police … Continue reading Third Circuit Holds That Recording Police In Public Is Protected By The First Amendment
On April 1, 2016, the Haverford Township Police Department deleted Facebook replies critical of their Facebook post from March 31, 2016; thereby, violating all the Facebook responders' First Amendment rights. The issue began on March 31, 2016 at approximately 7:56 PM, when the Haverford Township PD posted to its Facebook account the following: At approximately … Continue reading Haverford Township PD Deletes Facebook Replies Critical of Its Actions in Violation of Posters’ First Amendment Rights
By Allen Thompson, Esq. Today, the Supreme Court of the United States struck down the limitations on the total amount of money an individual can contribute to the entire political process. McCutcheon v. FEC, 572 U.S. (2014), concerned the aggregate contributions an individual can make to all political candidates within a specified amount of time. The … Continue reading Supreme Court Rejects Limits on Total Political Contributions
On November 1, the D.C. Circuit held that the Affordable Care Act’s [ACA] contraceptive mandate “trammels the right of free exercise – a right that lies at the core of our constitutional liberties . . .” The case – Gilardi v. U.S. Dep’t of H.H.S. - was brought by two brothers from Ohio, Francis and … Continue reading Religious Freedom Scores a Victory in the D.C. Circuit: Gilardi v. HHS and the Free Exercise of Religion