First Amendment

North Carolina Supreme Court upholds law prohibiting registered sex offenders from accessing a social networking site

State v. Packingham. This opinion just broke. More analysis to come. For now, here are a few nuggets: N.C.G.S. § 14-202.5 bans use of commercial social networking Web sites by registered sex offenders. Defendant, a registered sex offender, had a Facebook account. The case went to trial and, after considering evidence that defendant maintained a …

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Cases to Watch: October Term

Spokeo v. Robins, No. 13-1339 [Argument: November 2, 2015] Issue: Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on a bare violation of a federal statute. The issue …

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Fourth Circuit in Raleigh this Week

The Fourth Circuit will hear oral arguments this week at Campbell Law School here in Raleigh. They’ll hear three cases at the school. Among them, Melanie Lawson v. Union County Clerk, which asks the question: Does a government official’s termination of a deputy court clerk for campaigning for office of clerk violate the First Amendment? Argument will …

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Employers’ Incidental Observance of Organizing Activity During Leafleting is Not Unlawful Surveillance – Fourth Circuit

NLRB v. Intertape Polymer Corp. This is a labor case, an appeal from the National Labor Relations Board (NLRB). But, this is also a First Amendment case, and hence its inclusion here. The NLRB concluded Intertape had violated the Naitonal Labor Relations Act (NLRA). There were three supposed violations: unlawful interrogation of an employee, unlawful …

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