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 ...
David Siegel's user avatar
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 ...
Jen's user avatar
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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,...
user6726's user avatar
  • 215k
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'...
richardb's user avatar
  • 2,346
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 ...
ohwilleke's user avatar
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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 ...
ohwilleke's user avatar
  • 206k
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 ...
David Siegel's user avatar
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 ...
Dale M's user avatar
  • 205k
8 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 ...
user6726's user avatar
  • 215k
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 ...
user6726's user avatar
  • 215k
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". ...
user6726's user avatar
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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 ...
ohwilleke's user avatar
  • 206k
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 ...
ohwilleke's user avatar
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6 votes
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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 ...
David Siegel's user avatar
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 ...
David Siegel's user avatar
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 ...
user6726's user avatar
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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 ...
ohwilleke's user avatar
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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 ...
Dale M's user avatar
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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) ...
jmoreno's user avatar
  • 2,039
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 ...
o.m.'s user avatar
  • 16.9k
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 ...
bdb484's user avatar
  • 58.3k
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 ...
Dolphin 613 Motorboat's user avatar
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 ...
SJuan76's user avatar
  • 5,859
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 ...
bdb484's user avatar
  • 58.3k
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 ...
user6726's user avatar
  • 215k
4 votes

May a US YouTuber video record in a US post office without obtaining permission, and post the video to YouTube?

Short answer: Poster 7 is essentially a reiteration of "the regulations" and thus "the law". As for photography, "it depends". Poster 7 is nearly word-for-word ...
Upnorth's user avatar
  • 1,058
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 ...
bdb484's user avatar
  • 58.3k
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 ...
ohwilleke's user avatar
  • 206k
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 ...
bdb484's user avatar
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