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40 votes
Accepted

Would a giant "F*** BIDEN" flag mounted on a truck be first amendment protected?

The First Amendment controls in the US, so it does not matter if this is Idaho or Berkeley CA. This is clearly an expression of a political viewpoint, which is protected by the First Amendment. Any ...
user6726's user avatar
  • 215k
38 votes

Would a giant "F*** BIDEN" flag mounted on a truck be first amendment protected?

Let me paint you a picture. It's April 26, 1968. We're in the corridors of an LA courthouse. Paul Robert Cohen is wearing a leather jacket, upon which he has written in white lettering 3 words. Some ...
Trish's user avatar
  • 40.5k
12 votes

How should turn lane pavement markings be interpreted in Idaho?

The "definition" of diagonal crosshatches is given in the Manual on Uniform Traffic Control Devices, under §3B.24, which says: Option: 01 Chevron and diagonal crosshatch markings may be ...
user6726's user avatar
  • 215k
12 votes

Can a hit and run victim sue the car owner for not having insurance?

You can't sue her for not having insurance. You sue for the damage you suffered. You can name her as a defendant alongside her son on the theory that she contributed to the accident by letting her son ...
Paul Johnson's user avatar
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10 votes

Is a new Idaho law purporting to ban interstate transport of minors for gender-affirming care constitutional?

Effect of Bill First of all, if this bill (Idaho House Bill 675) is passed in the form linked in the question, section 4, which prohibits transporting a child outside the state, ONLY applies when this ...
David Siegel's user avatar
9 votes

Would a giant "F*** BIDEN" flag mounted on a truck be first amendment protected?

I must agree with the answer by user6726. But I want to call specific attention to a US Supreme Court case that is exactly on point, Cohen v. California, 403 U.S. 15 (1971) I think it only appropriate ...
David Siegel's user avatar
7 votes

Is a new Idaho law purporting to ban interstate transport of minors for gender-affirming care constitutional?

It is probably not constitutional, most obviously under the dormant commerce clause, and it is also quite likely pre-empted under federal civil rights laws that have been determined to include ...
ohwilleke's user avatar
  • 221k
5 votes

How to get current insurance information from car owner of son's hit-and-run charges

The criminal charges against the driver and his mother are police business, not yours. You have a civil case for damages against the driver, and possibly his mother on the theory that she enabled her ...
Paul Johnson's user avatar
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4 votes

Theoretically if subpoena'd as a witness with only a day and a half of notice could you argue that its not valid with the court?

Subpoenas in federal court are governed by Federal Rule of Civil Procedure 45. The requirements to issue one are at Rule 45(a)-(c) and the means to resisting and enforcing them are at Rule 45(d)-(g). ...
ohwilleke's user avatar
  • 221k
4 votes

Can a hit and run victim sue the car owner for not having insurance?

Only rarely can the victim sue for not having insurance in most, but one can can sue mom for damages under the Family Car Doctrine in Colorado and nineteen other U.S. states, which holds householders ...
ohwilleke's user avatar
  • 221k
3 votes

Can Idaho employers ask about dismissed criminal convictions?

I do not believe that Idaho has such a law. This is not the end of the analysis, however. It isn't clear that saying you do not have a conviction, when in fact, you have a conviction that was ...
ohwilleke's user avatar
  • 221k
3 votes

How to get current insurance information from car owner of son's hit-and-run charges

A standard response to a request for information is that police will not release information on an ongoing investigation. The statutory basis for this is Idaho Code 74-124, which exempts certain ...
user6726's user avatar
  • 215k
3 votes

If our HOA does not have enough to pay for all damages, would putting everything into my trust be enough to protect my assets?

First of all, usually negligence by an HOA or its agents does not create liability for owners of the HOA directly. Instead, it creates a debt of the HOA, which the HOA might choose to pay through ...
ohwilleke's user avatar
  • 221k
3 votes

Small claims court when the plaintif lives overseas (USA/Idaho)

Realistically, if your lawsuit is with the person who has been acting as your agent in the United States, small claims court is probably not the right way to go. If you are owed less than $10,000 (...
ohwilleke's user avatar
  • 221k
2 votes

Theoretically if subpoena'd as a witness with only a day and a half of notice could you argue that its not valid with the court?

It’s not valid australia You should give the person subpoenaed as much notice as possible of the hearing or trial date but the person must be served not less than 7 days before they are required to ...
Dale M's user avatar
  • 213k
1 vote

Small claims court when the plaintif lives overseas (USA/Idaho)

There are special rules for small claims courts, so the first thing one would do is check the rules for your jurisdiction. If you were interested in Idaho, you would look at the rules set by the Idaho ...
user6726's user avatar
  • 215k
1 vote

First criminal court trial with DNA evidence Idaho

State v. Todd Horsley, 117 Idaho 920, 792 P.2d 945 (Idaho 1990) is the first reported appellate case in Idaho involving DNA evidence (which was only a conditional plea bargain, reserving the appellate ...
ohwilleke's user avatar
  • 221k
1 vote

Would a giant "F*** BIDEN" flag mounted on a truck be first amendment protected?

A prohibition directed specifically at this would probably fail for first amendment reasons. However, the first amendment does allow content-neutral restrictions on speech. If a locality has a law ...
Acccumulation's user avatar

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