constitutional law

3rd Circuit in Philadelphia case: 1st Amendment protects recording police in public

Some notable passages from today’s 3rd Circuit opinion in Fields v. City of Philadelphia, holding that there is a First Amendment right to record police officers in public, written by Circuit Judge Thomas L. Ambro: the District Court focused on whether Plaintiffs had an expressive intent, such …

New Orleans: an unethical District Attorney and an overworked Public Defender

Prosecuted by her legal counterpart: ‘It destroyed my life in so many ways’ This DA should resign, now: At least six defense attorneys and investigators say they faced threats of criminal charges by the Orleans parish district attorney for doing their jobs, the Guardian has found. Since …

Re-engaging driver with questions after saying he’s free to leave is a second stop

Re-engaging driver with questions after saying he’s free to leave is a second stop This is worth knowing if you’re a Pennsylvania resident or you find yourself frequently driving through the state. However, do yourself a favor and don’t throw it in the face of an officer whose behavior …

Sens. Cruz and Lee Introduce State Marriage Defense Act

Sens. Cruz and Lee Introduce State Marriage Defense ActAt this point the anti-Constitutionalists are trolling themselves. A choice bit from this piece of garbage: The bill will ensure the federal government gives the same deference to the 33 states that define marriage as the union between one man …

Kansas anti-gay segregation bill is an abomination.

Kansas anti-gay segregation bill is an abomination.Mr. Stern’s headline sums it up very well. If you don’t believe it can really be that bad, read the PDF. It is that bad. Ignorance is one thing, but open hostility like this cannot stand and anyone who supports this bill commits the intellectual …

Legislative failure to define essential terms

Legislative failure to define essential terms The definition of terms essential to the application of a law is the most basic requirement for competent lawmaking. Sometimes one or more terms are appropriately defined in an open way, to provide flexibility in the application of a law. This is not one …

Government can still warrantlessly read older emails

Government can still warrantlessly read older emailsThis is unfortunate. There are processes in place that are designed to ensure the preservation of various constitutional rights. The warrant process is one of the most important, and for many people email is far more ubiquitous than other forms of …

Judge blocks California’s new ban on anonymity for sex offender

Judge blocks California’s new ban on anonymity for sex offenderThis one is worth watching. With regard to blogs and forums, particularly, there’s a strong analogy with letter-writing and other modes of communication with the “outside” that are typically allowed. The plaintiffs, two registered …