Aug. 23, 2024
Ignore, Not Block: A City Official’s Social Media Duty to the First Amendment
In Felts v. Green, the United States District Court for the Eastern District of Missouri considered if a public official blocking a Twitter user constituted a violation of the Twitter user’s First Amendment rights.
Aug. 23, 2024
Clearing the Hurdle of Proving a “Clearly Established” Right to Overcome Qualified Immunity
In Molina v. City of St. Louis, two lawyers distantly and passively observed the police response to a protest that erupted in response to a white St. Louis police officer’s shooting and killing of a Black teenager. After police officers launched a tear gas cannister near them, the lawyers filed suit against the officers, alleging that the officers retaliated against them for exercising their First Amendment rights.
Aug. 23, 2024
Teaching Values: Court Backs School in Same-Sex Marriage Dispute
In Billard v. Charlotte Catholic High School, teacher Lonnie Billard filed a lawsuit against his former employer for sex discrimination under Title VII after being fired for intending to marry his same-sex partner. The district court initially ruled in favor of Lonnie Billard, but the United States Court of Appeals for the Fourth Circuit later reversed this decision after considering the ministerial exception to employment discrimination laws.
Jan. 12, 2024
A Tale of Two Statues: Constitutional Issues in Closing a Limited Public Forum
A city in Minnesota decided to create a limited public forum in a park. Applicants could obtain a permit from the city in order to place a monument in the park. Two of these permits were issued, but the city voted to close the limited public forum just a few months later. This raised questions as to the purpose behind closing the limited public forum and whether the city violated the First Amendment.
Jan. 12, 2024
The Courts’ Rulings Are Final! Or Are They?
In cases of Juvenile misconduct, juvenile courts are charged with administering care, guidance and control that is conducive to a child's welfare and the best interests of the state. If a minor is dissatisfied with the legal outcome of a juvenile proceeding, they may choose to appeal the ruling. However, an appeal must follow a final judgment, decree, or order from the juvenile court.
Jan. 12, 2024
Eighth Circuit Narrows the Nieves Exception for First Amendment Retaliation Claims
In Murphy v. Schmitt, Officer Michael Schmitt stopped Mason Murphy for walking on the wrong side of the highway. Murphy refused to identify himself, and the two men argued for several minutes before Schmitt arrested Murphy for failing to identify himself. Murphy argued that he was arrested in retaliation for exercising his First Amendment right to freedom of speech in a suit for First Amendment retaliation and unlawful detention. The district court granted Schmitt’s motion to dismiss based on qualified immunity, and Murphy appealed to the Eighth Circuit. In a majority decision, the Eighth Circuit affirmed the district court’s decision.