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9.3 Section 1983 Claim Against Defendant in Individual Capacity —Elements and Burden of Proof

November 23, 2022 The Truth News

9.3 Section 1983 Claim Against Defendant in Individual Capacity —Elements and Burden of Proof In order to prevail on § 1983 claim against the defendant , the plaintiff must prove…

United States court of appeals Judge Learned Hand (left) administers oath of office to federal Judge Lawrence E. Walsh who is stepping into post of U.S. Deputy attorney general in 1957. Hand is responsible for the gravity of the evil test, a refinement of the clear and present danger test, which determines when free speech may be subject to criminal prosecution. (AP PhotoJJL, used with permission from the Associated Press.)

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Gravity of the Evil Test – 1st Amendment

November 21, 2022 The Truth News

Gravity of the Evil Test The gravity of the evil test is a refinement of Justice Oliver Wendell Holmes’s clear and present danger test for determining when the First Amendment…

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Punsly v. Ho (2001) 87 Cal.App.4th 1099 – Grandparents Rights

November 20, 2022 The Truth News

Punsly v. Ho (2001) 87 Cal.App.4th 1099 – Grandparents Rights PUNSLY V. HO *1101 HUFFMAN, J. Manwah Ho, the mother of Kathryn Punsly, appeals an order granting visitation to Kathryn’s…

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Distinguishing Request for Custody from Request for Visitation

November 19, 2022 The Truth News

Distinguishing Request for Custody from Request for Visitation Grandparents’ and Nonparents’ Rights to Custody and Visitation There are specific requirements which must be met in requesting custody that differ from…

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When is a Joinder in a Family Law Case Appropriate?

November 18, 2022 The Truth News

What is a Joinder Provision in California Custody Case / Divorce? When is a Joinder in a Family Law Case Appropriate? Most people know that in divorce or domestic partnership…

Posting Police Address

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Publius v. Boyer-Vine – 1st Amendment- Posting Police Address

November 17, 2022 The Truth News

Publius v. Boyer-Vine – 1st Amendment – Posting Police Address Constitution Protects Publication of Politicians’ Home Address/Phone Number–Publius v. Boyer-Vine Doe Publius (nice alias) runs the “The Real Write Winger”…

Clarence Brandenburg, 48, an officer in the Ku Klux Klan, left, and Richard Hanna, 21, admitted member of the American Nazi Party, pose for a picture following their arrests, Aug. 8, 1964, Cincinnati, Ohio. Brandenburg was arrested in connection with a KKK meeting in which he made anti-Semitic and anti-black statements and advocated for the possibility of "revengeance." The Supreme Court threw out his conviction and issued a new test: Advocacy could be punished only "where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." (AP Photo)

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Brandenburg v. Ohio (1969) – 1st Amendment

November 17, 2022 The Truth News

Brandenburg v. Ohio (1969) – Brandenburg Test Ruling – 1st Amendment In Brandenburg v. Ohio, 395 U.S. 444 (1969), the Supreme Court established that speech advocating illegal conduct is protected…

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Mandatory Joinder vs Permissive Joinder – Compulsory vs Dismissive Joinder

November 16, 2022 The Truth News

Mandatory Joinder vs Permissive Joinder – Third Party Joinder Third Party Joinder Compulsory Joinder vs Dismissive Joinder Third Party Joinder Third parties (anyone other than Husband and Wife) may be…

Brayshaw vs Tallahassee

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Brayshaw vs City of Tallahassee – 1st Amendment- Posting Police Address

November 15, 2022 The Truth News

Brayshaw v. City of Tallahassee 1st Amendment- Posting Police Address Florida state authorities charged Robert Brayshaw with a misdemeanor for violating Fla. Stat. § 843.17 after he anonymously posted the…

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Can I Post a Cops Address?

November 14, 2022 The Truth News

Can I Post a Cops Address? YOU CAN IF…… , If there is no TRUE-THREAT attached and the copy of the assessment roll that is located in an assessor’s office…

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