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13 votes

I want to remove school record that reveal my trans status. Can my complaint use terms which stipulate this without identifying as 'transgender'?

These discrepancies probably won't hurt your complaint. To be successful, your complaint needs to lay out a set of facts that support a claim for legal relief. Fed. R. Civ. P. 8(a)(2). But the facts ...
bdb484's user avatar
  • 60.6k
7 votes
Accepted

Are restrictions on candidates appearing on a party primary ballot consistent with the First Amendment?

A primary election is administered by and at the expense of state government. It is entitled to establish its rules for how it is conducted. More generally, a state government is allowed to set rules ...
ohwilleke's user avatar
  • 220k
6 votes

What are the "fair use" implications of using someone's personal story in a political campaign without their permission?

Does the telling of the story constitute "fair use?" What legal rights does the "teller" have to tell the story, This analysis misses a key point. A story about you is not ...
ohwilleke's user avatar
  • 220k
6 votes
Accepted

'Homicide by words' hypothetical - First Amendment and jurisdictional questions

With these facts, assuming Mr Y was charged with involuntary manslaughter (like in MA v. Carter) or aiding a suicide, based solely or almost solely on the messages, under which jurisdiction would he ...
ohwilleke's user avatar
  • 220k
5 votes

Restriction of freedom of expression in the case of sympathy for terrorist organisations

The U.S. Department of State maintains the list of Foreign Terrorist Organizations (FTO) and along with other government departments are charged with the process of making said designations. Under U....
hszmv's user avatar
  • 23k
4 votes

Can one hold a video playback device in public that shows pornography in the U.S.?

If the pornography is not obscene (see Miller v. California, 413 U.S. 15 (1973)), it receives First Amendment protection. However, First Amendment protection does not preclude restrictions (including ...
Jen's user avatar
  • 59.2k
4 votes

Constitutionality of restricting a Senator's speech for unruly behaviour or unparliamentary language

Each House may determine the Rules of its Proceedings This is all the authority necessary. In addition to proscribing disparaging remarks, the rules also limit the topics on which a senator may ...
phoog's user avatar
  • 37.8k
2 votes

Can a goverment body rent space for a public forum from a group that they believe will ban those they legally can't?

Yes It’s called the first amendment. It will be a question of fact if the proposed indirect control is governmental, but if it is, the first amendment makes such control illegal. That is, the ...
Dale M's user avatar
  • 213k
1 vote

Do messages exchanged between students during a virtual class count as "Off-Campus Speech"?

Fortunately, this is a request for general analysis of the law, and not a request for specific advice. Pursuant to Mahoney v. BL, this kind of case is in the undecided middle. Schools may have an ...
user6726's user avatar
  • 215k
1 vote

Does the First Amendment apply to amateur radio?

Is speech over amateur radio constitutionally protected? Of course. Could I theoretically sue the FCC for the right to broadcast music on 20 meters, and have a chance of winning on free speech ...
phoog's user avatar
  • 37.8k

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