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Introducing Digital Evidence in California State Courts A text message is a writing within the meaning of Evidence Code section 250, which may not be admitted in evidence without being…
Insulting letters to politician’s home are constitutionally protected, unless they are ‘true threats’ So the Massachusetts Supreme Judicial Court held Tuesday in Commonwealth v. Bigelow (some paragraph breaks added): It…
Governor Signs SB 1421 and AB 748, Dramatically Increasing Public Access to Peace Officer Personnel Records On September 30, 2018, Governor Edmund G. Brown, Jr. signed two significant pieces of…
Texas v. Johnson – 1st Amendment Summary of a First Amendment Landmark Supreme Court case: Texas v. Johnson 491 U.S. 397 (1989)(link is external) Facts: While the Republican National Convention…
Speech Is Not Violence and Violence Is Not Speech Words may hurt, but treating speech as ‘violence’ only leads to less speech and more violence. College campuses have long been…
CITIZENS UNITED v. FEDERAL ELECTION COMMISSION – 1st Amendment In the landmark 2010 Citizens United v. Federal Election Commission case, the Supreme Court recognized that “aws enacted to control or…
THE FIRST AMENDMENT ENCYCLOPEDIA Topics: Legal Terms and Concepts Related to Speech, Press, Assembly, or Petition Actual Malice Actual malice is the legal standard the Supreme Court uses to protect…
Salinas v. Cruz; The 2nd Court of Appeals of California Reverses Restraining Order Because Cross-Examination Was Barred The Court of Appeal for this district yesterday reversed a domestic violence restraining…
Elonis v. United States (2015) – Threats – 1st Amendment In Elonis v. United States 575 US __ (2015), Chief Justice John G. Roberts, Jr. was joined by six justices…
Right to Record Government Officials Engaged in the Exercise of their Official Duties Right to record government officials in public A growing consensus of courts have recognized a constitutional right…