Does the First Amendment require a prison to entertain a prisoner grievance that contains veiled threats to kill or injure a guard? This is the question that Justices Alito, Thomas, and Kavanaugh believe should be answered by the Supreme Court. However, over their objection, on May 13, 2019, the remaining Justices refused certiorari in Dahne…
Category: First Amendment
Can White Supremacists Demand Kosher Meals in Prison?
Courts Crack Down on “Creativity” Religion’s Creative Requests Background Regarding Creativity There are inmates across the country who claim to be part of “The Church of the Creator,” which they say “embraces and espouses the religion of Creativity.” These inmates claim the “overriding mission of the Church and the Creativity religion is the permanent prevention…
Putting the Rap in RAP Sheet: Pennsylvania Supreme Court Rules Threatening Lyrics Against Police Are Not Protected by First Amendment
In Commonwealth of Pennsylvania v. Jamal Knox, Pennsylvania’s highest court upheld a rapper’s criminal conviction and ruled that his rap song that identified Pittsburgh police officers by name and made direct threats of violence against them is not protected speech under the First Amendment. This ruling highlighted that other courts, such as the Ninth Circuit,…
Webinar | What You Say Online Can and Will Be Used Against You: Social Media Training for Law Enforcement Agencies
One of the quickest ways to end your career in law enforcement today is to post something inappropriate on social media. A survey commissioned by LexisNexis found that although 81 percent of law enforcement professionals surveyed said they use sites such as Facebook and Twitter on the job, 52 percent of the agencies lack procedures…
SCOTUS Watch: Supreme Court Weighs in on Lawsuits Against Federal Officials and Federal Law Enforcement
Many readers are familiar with a Section 1983 claim, which is the vehicle Congress created to bring constitutional claims against state officials. Until 1971, there was no equivalent for lawsuits against federal officials until the Supreme Court case Bivens v. Six Unknown Fed. Narcotics Agents. Based on Bivens, individuals can sue federal officials for constitutional…
What You Say Online Can and Will Be Used Against You
By Traci I. Park and Kelly A. Trainer With increasing frequency, litigants are seeking access to content posted on social media platforms to use as evidence in civil and criminal matters. Given that millions of people take to social media every day to vent about the workplace, share their opinions on every issue imaginable, or…
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