72
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 ...
- 115k
33
votes
Accepted
Was the recent ruling against Jordan Peterson an infringement of his free speech?
Everyone agreed that the decision of the College of Psychologists of Ontario impacted Peterson's freedom of expression. The College's decision itself said this. The question was whether the College ...
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29
votes
Accepted
What if Miranda rights aren't read?
If a person is arrested and not apprised of their rights, anything that they say cannot be used in court, but perhaps conviction does not depend on the defendant's statements. Even without the warning,...
- 217k
26
votes
how does the US justice system combat rights violations that happen when bad practices are given a new name to avoid old rulings?
Whether something constitutes a search for Fourth Amendment purposes does not depend on what the state calls it.
A state act is a search when it interferes with one's expectation of privacy that is ...
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20
votes
Accepted
how does the US justice system combat rights violations that happen when bad practices are given a new name to avoid old rulings?
The Duck Test
“If it looks like a duck, walks like a duck and quacks like a duck, it most probably is a duck.”
Courts do not elevate form over substance.
The duck test was explicitly called out in ...
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19
votes
Accepted
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'...
- 2,356
19
votes
Are people in the USA obligated to report crime?
There are some crimes that it is a duty to report under some circumstances under federal law and under the respective state laws, and there are other crimes which it is not a duty to report. The ...
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17
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 ...
- 240k
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 ...
- 115k
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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10
votes
May my business notify Christians that we won't serve them?
Probably not. The impediment is the claim that you have a genuinely held religious belief. Changing the context a tiny bit, your employer is statutorily required to make an accommodation for the ...
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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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7
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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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". ...
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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 ...
- 240k
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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6
votes
Accepted
What is the legal ramifications of refusing a polygraph?
It depends. There is a law, 29 USC Ch. 22, which generally prohibits employers from requiring polygraph tests before or during employment. However, there are exceptions. It only limits private ...
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6
votes
how does the US justice system combat rights violations that happen when bad practices are given a new name to avoid old rulings?
Someone who is harmed appeals it up to the Supreme Court, who overturn the unconstitutional law.
Simply put, the Supreme Court is unlikely to be fooled by police who give an unconstitutional practice ...
- 1,850
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
...
- 240k
5
votes
Accepted
Violation of disabled person's 4th amendment civil rights
I don’t believe there is an aggravated violation due to his disability, but it is quite likely that a court will find that to be a violation of his rights.
Florida’s stop and frisk law 901.151(2) ...
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5
votes
Legal recognition of polygamy around the world?
Nowhere is this legal. Polygamy is legal in 58 countries, polyandry is possibly legal in Sri Lanka and Bhutan. Neither country recognizes same-sex marriage, ruling out a marriage between three women. ...
- 217k
5
votes
May my business notify Christians that we won't serve them?
You can limit what expression you offer
Under Masterpiece Cake v. CCRC, it was denied to even look at the question of if the state could force someone as they used procedural deficiencies to reverse ...
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5
votes
Arrested for trespassing in church open to public
This site cannot give legal advice in specific cases. It can discuss principles of law, or compare how they are implemented in different jurisdictions.
Not having watched and timed either video, the ...
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5
votes
how does the US justice system combat rights violations that happen when bad practices are given a new name to avoid old rulings?
Let's turn this around: suppose someone is arrested while walking down the street carrying a painting that had just been stolen from the local art museum. At trial, the accused argues that the ...
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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
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 ...
- 3,785
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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