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One of the earlier cases where the Supreme Court recognized that an overbroad law suppressed free speech had to do with labor picketing in the 1930s. The court in Thornhill v. Alabama ruled that the Southern state's wholesale ban on labor picketing that outlawed "peaceful and truthful discussion of matters of public interest" and violent actions alike was too broad. The court has continued to recognize the chilling effects of laws that have such sweep that they limit speech protected by the First Amendment. (Photo of union men picketing Macy's in New York City circa 1934 by Dorothea Lange, public domain through the U.S. National Archives and Records Administration)

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Overbreadth Doctrine

January 7, 2022 The Truth News

Overbreadth Doctrine Overbreadth is shorthand for the overbreadth doctrine, which provides that a regulation of speech can sweep too broadly and prohibit protected as well as non-protected speech. A regulation…

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Watts v. United States (1969) – 1st Amendment

January 7, 2022 The Truth News

Watts v. United States (1969) – 1st Amendment By David L. Hudson Jr. In Watts v. United States, 394 U.S. 705 (1969), the Supreme Court held, without the benefit of…

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Judicial Immunity from Civil and Criminal Liability

January 7, 2022 The Truth News

Judicial Immunity from Civil and Criminal Liability Jeffrey M. Shaman. * Professor of Law, DePaul University College of Law; Senior Fellow, American Judicature Society. The author appreciates the support of…

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Governor Newsom Highlights Landmark New Laws Taking Effect January 1, 2022

December 30, 2021 The Truth News

Governor Newsom Highlights Landmark New Laws Taking Effect January 1, 2022 Published: Dec 29, 2021 New laws will expand worker protections, voting rights, tackle the state’s housing crisis and more…

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Mental Health Diversion in California (Penal Code 1001.36 PC)

December 29, 2021 The Truth News

Mental Health Diversion in California (Penal Code 1001.36 PC) Mental health diversion: A new way to get your criminal case dismissed California Penal Code 1001.36 sets forth the state’s mental…

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New York State Rifle and Pistol Association v. Bruen – Gun Ruling – 2nd Amendment

December 29, 2021 The Truth News

New York State Rifle and Pistol Association v. Bruen What the Supreme Court’s new gun rights ruling means Justice Clarence Thomas opened the floodgates for all sorts of gun safety…

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Vermont v. Schenk 2015 1st Amendment – Flyers

December 27, 2021 The Truth News

Vermont v. Schenk 2015 1st Amendment – Flyers Opinion Summary In late October 2015, two women in Burlington found flyers advertising the Ku Klux Klan at their homes. One of…

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Mathews v. Eldridge – Due Process – 5th & 14th Amendment

December 13, 2021 The Truth News

Mathews Test – 3 Part Test – Amdt5.4.5.4.2 Mathews Test In reaching its decision, the majority emphasized that “due process is flexible and calls for such procedural protections as the…

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Cal. Code Civ. Proc. § 1008 Motion to Reconsider

December 11, 2021 The Truth News

Cal. Code Civ. Proc. § 1008 Section 1008 Motion to reconsider matter and modify, amend or revoke prior order Motion for Reconsideration in California Section 1008 - Motion to reconsider…

This past October 4 began the court’s 2021 term and the first two opinions issued in the new term focused on qualified immunity. (AP Photo/J. Scott Applewhite, File)

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SCOTUS 2021 in Review: Decisions on Qualified Immunity and Fourth Amendment Seizures

December 11, 2021 The Truth News

SCOTUS 2021 in Review: Decisions on Qualified Immunity and Fourth Amendment Seizures In 2021 the Supreme Court affirmed long-standing truisms that protect the home and that qualified immunity review is…

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