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STATE of Nebraska, appellee, v. Darren J. DRAHOTA, appellant. 788 N.W.2d 796 (2010)280 Neb. 627 STATE of Nebraska, appellee, v. Darren J. DRAHOTA, appellant. No. S-08-628.Supreme Court of Nebraska.September 24,…
Rhetorical Hyperbole – 1st Amendment Rhetorical hyperbole is a First Amendment-based doctrine that often provides protection to exaggerated, over-the-top speech in defamation cases. Defined as “extravagant exaggeration employed for rhetorical…
Prior Restraint Prior restraint is a form of censorship that allows the government to review the content of printed materials and prevent their publication. Most scholars believe that the First…
Content Based – 1st Amendment A content-based law or regulation discriminates against speech based on the substance of what it communicates. In contrast, a content-neutral law applies to expression without…
ArtI.S10.C1.6.1 Overview of Contract Clause Overview of Contract Clause Article I, Section 10, Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and…
Chilling Effect – 1st Amendment Chilling effect is the concept of deterring free speech and association rights protected by the First Amendment as a result of government laws or actions…
The Federal False Claims Act The Federal False Claims Act is one of the federal government’s most powerful tools in combating government fraud. The law originated during the Civil War,…
Civil actions for false claims – 31 U.S. Code § 3730 (a)Responsibilities of the Attorney General.— The Attorney General diligently shall investigate a violation under section 3729. If the Attorney…
Terry v. Ohio Amdt4.5.5.1 Terry Stop and Frisks Doctrine and Practice Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable…
New York v. Ferber (1982) – 1st Amendment Obscene NOT NECESSARY For Kids! New York v. Ferber, 458 U.S. 747 (1982), is the foundational decision in which the Supreme Court…