71
votes
Accepted
Is it against the constitution to require restaurants to only serve people with a vaccine certificate in the United States?
NO
Under the US Constitution, a public health authority could even make vaccination mandatory, and this was done in some historical epidemics.
In Jacobson v. Massachusetts, 197 U.S. 11 (1905) the US ...
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19
votes
Are there any provisions in Britain which render improperly obtained criminal evidence judicially inadmissible?
There isn't an automatic exclusion rule for all forms of improperly acquired evidence in the UK. I can't find the exact quote but there was a judgement from a senior court that said in terms: "it'...
- 2,121
16
votes
Ashli Babbitt: manslaughter vs. deprivation of rights under color of law
This reflects a typical division of labor. Normally, the Department of Justice investigates civil rights violations, which it has a division set up to do, while local authorities handle ordinary ...
- 139k
16
votes
Accepted
Can a U.S. state bring action before the Supreme Court against another state for equal rights of its own citizens when they visit the other state?
No.
The original jurisdiction of the U.S. Supreme Court for disputes between states applies only to disputes between the state entities themselves, not suits on behalf of their citizens.
Something ...
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13
votes
Can a U.S. state bring action before the Supreme Court against another state for equal rights of its own citizens when they visit the other state?
I don't know of any actual case where one state sued another on behalf of its citizens. I incline to doubt whether West Lumbago would have standing to bring such a case. Normally the person (natural ...
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11
votes
Are there any provisions in Britain which render improperly obtained criminal evidence judicially inadmissible?
The “fruit of the poisonous tree” doctrine is uniquely US
In all other common law jurisdictions, including the UK, police who behave inappropriately are subject to employment, administrative and ...
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7
votes
Accepted
Forced to take COVID test or go home without newborn baby
"Medical lawyer" is really the wrong focus, this is an issue of civil rights. The question would be, is it a violation of your civil rights to prevent you from taking your baby home; is it ...
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6
votes
Lawyer-approved statement to say to the police to unequivocally retain all rights
It does matter if you invoke your right to silence. First, if you do, that affects what police can do (they have to stop interrogating you). Second, it plays a role in "adoptive admissions". ...
- 165k
6
votes
Accepted
Can you sue the CIA for civil damages if it killed one of your relatives?
Can you sue the CIA for civil damages if it killed one of your
relatives?
Almost never.
Governmental immunity (a.k.a. sovereign immunity) bars most suits for intentional use of force by the ...
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6
votes
Liability in Loudoun county rapes
I'll start with a list of issues presented and also note at the outset that the question correctly notes that both the school district (which is an entity distinct from the county), and the ...
- 139k
6
votes
Using a Bivens Remedy/Claim
The case is Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971).
Liability under Bivens applies to federal agents who violate a direct constitutional right in a similar way that state ...
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5
votes
Accepted
Does Alice have an implied covenant of good faith and fair dealing duty towards appointed counsel, Bob?
Does Alice have to expressly announce if she or friends or family
would be recording and obtain therein the implied or an express
consent due to a covenant of good faith duty or since they don’t have
...
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5
votes
Can you plead the 5th in a civil case?
You cannot plead the 5th in a civil case
The relevant part of the fifth amendment is:
… nor shall be compelled in any criminal case to be a witness against himself, …
So, it’s right there in the ...
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5
votes
Accepted
Can you plead the 5th in a civil case?
Yes, One Can
In the United States, one may assert the Fifth Amendment privilege not to testify or otherwise give information that might tend to implicate the speaker in a crime. This is true in any ...
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4
votes
Lawyer-approved statement to say to the police to unequivocally retain all rights
All of your proposed language is fine, but the more important thing is to say, "I want a lawyer." If the police have any follow-up questions, say, "I want a lawyer." If they ask if ...
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4
votes
Lawyer-approved statement to say to the police to unequivocally retain all rights
You do not waive your rights, but you may chose not to exercise them. Those are different concepts.
If you speak, you do not "waive" your right to remain silent. At any moment, you may ...
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4
votes
Discrimination against male cheerleaders
how does hiring only women comply with our Civil Rights Act (which outlaws discrimination based on sex)?
It is compliant. The Civil Rights Act includes an exception where the discrimination or ...
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4
votes
Ashli Babbitt: manslaughter vs. deprivation of rights under color of law
Your question is honestly pretty long and complex. For the first part, i.e. why were the §242 charges dropped... (without 2nd guessing the prosecution here), that's actually (by far) the most common ...
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4
votes
Ashli Babbitt: manslaughter vs. deprivation of rights under color of law
The investigation did not focus on homicide, because that is a cause of death, not a criminal offense. As you noted, the fact that Ms. Babbit's death was a homicide has already been established.
DOJ ...
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4
votes
Accepted
May a US YouTuber video record in a US post office without obtaining permission, and post the video to YouTube?
This has yet to be specifically decided in the federal courts. The Post Office can set "rules of conduct" for its facilities. Prohibiting photographing is plainly a restriction on one's ...
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4
votes
Accepted
Using a Bivens Remedy/Claim
Your understanding is not quite correct.
Bivens did not create a cause of action for constitutional violations by federal officers; it merely resolved the question of whether such a cause of action ...
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4
votes
Why are the other three police officers in the Murder of George Floyd case also charged?
Police officer failing to act is specifically protected by Castle Rock
v. Gonzales, 545 U.S. 748 (2005)?
Almost every general rule of law has exceptions. In particular, there are exceptions to the ...
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4
votes
Why are the other three police officers in the Murder of George Floyd case also charged?
Castle Rock v. Gonzales, 545 U.S. 748 (2005) does not protect a police officer's failure to act.
In Castle Rock, the plaintiff alleged that the police violated the Due Process Clause by failing to ...
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4
votes
What is the name of a U.S. Supreme Court decision holding that government cannot conspire with private companies to censor protected speech?
I'm not convinced that there is a U.S. Supreme Court case with such a clear holding. For example:
May a private entity running a public access channel ban speakers
based on the content of their ...
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3
votes
is it illegal to publish videos or photos of someone without their consent?
If you recorded the clip, you have copyright on it, and distributing it (which includes posting it) without your consent is copyright infringement. However that is not a crime. You could sue, but that ...
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3
votes
Do sex specific apps violate any anti-discrimination law?
You are correct that the federal law does not prohibit sex discrimination in "public accommodations", the category that includes your examples. State laws tend to be more restrictive, see ...
- 165k
3
votes
Lawyer-approved statement to say to the police to unequivocally retain all rights
Your statement is unnecessarily elaborate. You just need to invoke your right to remain silent and talk to a lawyer. Retaining your rights against searches is simply a matter of not consenting to ...
- 9,991
3
votes
Is due process a civil right or liberty?
Your distinction between civil rights and civil liberties does not enjoy support from the legal perspective. Typically, the law addresses rights, and "liberty" is invoked only in rhetorical flourishes ...
- 165k
3
votes
Accepted
When are government officials protected by legislative immunity?
Only "legislative acts" give rise to legislative immunity. Perhaps surprisingly, being a legislator is neither necessary nor sufficient for the privilege to apply. A defendant would need to assert ...
- 1,765
3
votes
My car insurance company is taking a very long time to evaluate damage on my car -- What are my rights?
At this point, there is little legal recourse. Once the delay becomes "unreasonable", you might be able to sue them and get some compensation. I do not know what would constitute an "unreasonable" ...
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