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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…
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…
Nothing But the Truth: What Happens When You Lie Under Oath Perjury & False Statements Juries and judges often base verdicts and other important decisions on sworn testimony and signed…
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…
Eighth Amendment Amendment VIII The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Furman…
Furman v. Georgia, 408 U.S. 238 (1972) – 8th Amendment The death penalty is unconstitutional under the Eighth Amendment prohibition against cruel and unusual punishment when it is imposed in…
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…