First Amendment

N.C. cyberbullying statute is unconstitutional – N.C. Supreme Court

By / June 14, 2016

State v. Bishop. According to a North Carolina Supreme Court opinion handed down last week, the state’s anti-cyberbullying statute is unconstitutional under the First Amendment. N.C.G.S. § 14-458.1 makes it “unlawful for any person to use a computer or computer network to . . . [p]ost or encourage others to post on the Internet private, personal, or sexual information …

N.C. cyberbullying statute is unconstitutional – N.C. Supreme Court Read More »

Fourth Circuit OKs “Choose Life” license plates [UPDATED]

By / March 10, 2016

The opinion has not yet posted, but I will write more on it soon. For now, this is from WRAL: The 4th U.S. Circuit Court of Appeals ruled Thursday that “Choose Life” license plates state lawmakers approved in 2011 are constitutional, reversing a decision the same court made two years ago. After the court found in …

Fourth Circuit OKs “Choose Life” license plates [UPDATED] Read More »

Campaign Finance Law Altering PAC Contribution Limits After Waiting Period O.K. Under First Amendment – Fourth Circuit

By / March 3, 2016

Stop Reckless Economic Instability Caused by Democrats v. FEC. Four PACs appealed a district court’s grant of summary judgment against them in their suit against the FEC. The PACs challenged the constitutionality of contribution limits under the Federal Election Campaign Act of 1971 (FECA).  52 U.S.C. §§ 30101–30146. The Fourth Circuit concluded that two of their three claims …

Campaign Finance Law Altering PAC Contribution Limits After Waiting Period O.K. Under First Amendment – Fourth Circuit Read More »

North Carolina Court of Appeals Opinions for February 16, 2016

By / February 16, 2016

The North Carolina Court of Appeals released a batch of opinions today: Adams v. The City of Raleigh  (15-782). Probable cause. [Juice Bar Teen-Lounge noise case] Cherry v. Wiesner,   (15-155). standing, historic district, land use, Board of Adjustment, aggrieved party, special damages. [Modern house in Oakwood case] Davignon v. Davignon  (15-743). Award of court cost. Attorney’s fees. …

North Carolina Court of Appeals Opinions for February 16, 2016 Read More »

Norfolk VA former sign ordinance unconstitutional under First Amendment – Fourth Circuit

By / February 8, 2016

Central Radio Company, Inc. v. Norfolk. Central radio sued Norfolk, Virginia, over its sign ordinance, alleging that it violated the First and Fourteenth amendments. For background, the city’s Redevelopment and Housing Authority started condemnation proceedings against Central Radio in 2010. In 2012, while an appeal in that proceeding was pending, the company put a banner …

Norfolk VA former sign ordinance unconstitutional under First Amendment – Fourth Circuit Read More »

Sheriff not liable for terminating deputies that didn’t donate to reelection. – N.C. Supreme Court.

By / February 1, 2016

Lloyd v. Bailey. (Also McClaughlin v. Bailey and Young v. Bailey). During his campaign for Sheriff of Mecklenburg County, Bailey solicited campaign donations from his deputies. He was reelected and shortly thereafter terminated several deputies who had refused to contribute to the reelection campaign. The deputies sued, claiming wrongful termination under N.C.G.S. § 153A-99, and of …

Sheriff not liable for terminating deputies that didn’t donate to reelection. – N.C. Supreme Court. Read More »

Oral argument today in Rowan County, NC legislative prayer case (Briefs) – Fourth Circuit

By / January 27, 2016

Today, the Fourth Circuit will hear oral arguments in Lund v. Rowan County. The County is appealing the decision of the Middle District of North Carolina, which ruled the County’s public prayer practice unconstitutional under the Establishment Clause of the First Amendment. The crux of the issue: is the County’s practice government prayer that coerces the audience toward …

Oral argument today in Rowan County, NC legislative prayer case (Briefs) – Fourth Circuit Read More »

Argument Today: Heffernan v. City of Paterson – SCOTUS

By / January 19, 2016

Heffernan v. City of Paterson. Question Presented: Whether the First Amendment bars the government from demoting a public employee based on a supervisor’s perception that the employee supports a political candidate. That’s right, the perception of support. If Heffernan were actually supporting a political opponent of his boss, he’d have better recourse under the First Amendment. Because he …

Argument Today: Heffernan v. City of Paterson – SCOTUS Read More »

Remember to actually raise the First Amendment argument on appeal – N.C. Court of Appeals

By / November 19, 2015

State v. Fryou. This is a case about a sex offender charged with being on the premises of a preschool in violation of N.C.G.S. § 14- 208.18(a). Really, though, this is a case about making sure to raise the right arguments in an appellate brief. Defendant went to a church to meet with the pastor, but …

Remember to actually raise the First Amendment argument on appeal – N.C. Court of Appeals Read More »

Analysis: Sex offenders and social networking, State v. Packingham – NC Supreme Court

By / November 11, 2015

I posted previously about State v. Packingham, in which the North Carolina Supreme Court upheld a state statute prohibiting the use of social networking sites by registered sex offenders. In that post, I promised more analysis. Here it is. The statute at issue in the decision is N.C.G.S. § 14-202.5: (a) Offense. — It is unlawful …

Analysis: Sex offenders and social networking, State v. Packingham – NC Supreme Court Read More »