user6726
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How come the nude protesters were not arrested?
20 votes

Any anti-nudity law is subordinate to the First Amendment to the US Constitution. The action clearly constitutes political expression, which is protected. Not every imaginable action can be excused if ...

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University prohibits professors from testifying
19 votes

The legal basis for the restriction is, according to UF that the "university denied requests of these full-time employees to undertake outside paid work that is adverse to the university’s ...

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What does it mean if your apartment is in two cities at once
19 votes

The location of your residence entrance is irrelevant for the law, what matters most is your "street address", i.e. mailing address. That is the address (therefore city) that you use for voter ...

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Copyright in copyleft licence?
19 votes

GPL does not purport that there is no copyright in a work to which the license applies: the works are still in copyright. It relies on the notion of copyright (which it redefines to include "similar ...

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Where are non-binary and intersex prisoners kept?
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19 votes

In the US, the question of gender and facility-assignment depends on whose prison it is – federal, vs. a specific state. There may be a specific policy adopted by a particular prison system, but there ...

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Is a Senate trial required after the House impeaches a president?
19 votes

Article I, Section 3, Clause 6 says The Senate shall have the sole Power to try all Impeachments. When the President of the United States is tried, the Chief Justice shall preside: And no ...

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Does ripping up the only signed contract form invalidate it?
19 votes

Signing a document is totally overrated. Is there an offer, is there consideration, is there a meeting of the minds, and was there acceptance? I assume that someone gave you a piece of paper with some ...

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Why is court approval necessary to liquidate?
Accepted answer
19 votes

When a company is under court-supervised protection against creditors (bankruptcy), you can't just do stuff like closing stores, as you might if you were operating free and clear. Here is an overview ...

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How willing is the US Supreme Court to declare itself wrong?
18 votes

As for SCOTUS being willing to overrule itself, here is a table of such cases, starting with Hudson v. Guestier 10 U.S. (6 Cr.) 281 (1810) which overturned Rose v. Himely, 8 U.S. (4 Cr.) 241 (1808) up ...

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Is the new Texas law on social media invalid on first amendment grounds?
18 votes

That will be determined later by the courts. You might think so, if Facebook etc. were strictly private platforms. Knight First Amdt. Inst. at Columbia Univ. v. Trump, 928 F. 3d 226 somewhat ...

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Am I allowed to cut a 1 second scene from a movie and use it in my 10 minute YouTube video
Accepted answer
18 votes

Maybe. It might fall under "fair use", which overrides the general requirement to get permission. The way to find out is to do it, get sued, then try to defend your action by using the fair ...

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Posthumous publishing
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18 votes

In the US, the right to publish is vested in the copyright holder, who is initially the author. That right can be transferred for example by a transfer agreement, and it can be inherited just as other ...

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Does ICE have the legal authority to arrest illegal immigrants who came into hospitals due to COVID-19?
Accepted answer
18 votes

ICE has a degree of authority to deport without court hearing, via an expedited process. The legal framework for such deportations are explained here, and rely on 8 USC 1225. The Secretary of DHS has ...

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Is the use of language other than English 'Reasonable Suspicion' for detention?
18 votes

It is intuitively crazy to think that speaking Spanish in Montana is evidence of a crime. Still, we will have to wait to see what the courts rule, if it goes that far. We should start with Terry v. ...

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Is there any legal mechanism for a citizen without resources, to be able to sue the state for infringing his/her constitutional rights?
Accepted answer
18 votes

In the US, there are a number of non-government organizations which take on such cases, such as the ACLU or the Institute for Justice; individual law firms may also take such cases pro bono. There is ...

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Should I get divorce before I can marry again in the US?
Accepted answer
17 votes

Divorce in the US is governed by state law, so it depends on what state you live in. However, the basic requirement is that you be a resident of that state. In the state of Washington, there is no ...

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What should a person write in "Driver license or ID card no" if s/he doesn't have a driver's licence?
Accepted answer
17 votes

Here is the technical manual: you want 11.015. It says: New Registered Owner Section—The name, address, and driver license or identification card (DL/ID) number for each new registered owner must be ...

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The Right to Vote
Accepted answer
17 votes

Historically there were restrictions on voting that no longer exist: being white, male or property-owner are examples. For example, the 15th amendment prohibited denying the right to vote on the basis ...

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Landlord penalty for law enforcement calls
17 votes

This problem seems not to be unique, see this article. Ohio is reported to have about 50 of them. Here is a legal paper on crime-free housing ordinances, and this includes nuisance ordinances which ...

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Is the requirement to have positive attitude discriminatory?
17 votes

A person suffering a mental disability is entitled to accommodations in employment. See these various sub-pages from EEOC on the ADA Amentments Act 2008, and this guidance on what an employee's rights ...

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Do changing social norms change the definition of "defamation?"
17 votes

The definition of defamation, itself, doesn't change. What may change is whether certain kinds of false statements are "so bad" that it is not necessary to prove that the person was actually ...

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Can you be held accountable for rent after you're off the lease?
17 votes

You can be held liable for rent after you are off a lease. Rewriting a lease only affects future obligations, and doesn't extinguish past obligations. However, you appear to have released X from all ...

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Why don't laws have examples?
17 votes

The problem with examples is that they shift our attention from the words that comprise the law, to the actual examples used. For example, the term "press" as used in the First Amendment used to refer ...

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How do I collect on a judgement against a debtor who only deals in cash?
17 votes

1 is not an option – you can't steal a person's pay, and the police won't help you. You only recourse there is legal wage garnishment, and I will take your word that their (reported) income is low ...

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Is a list of the most common English words copyrightable under US law?
17 votes

The words themselves are not protected by copyright, because they are "facts" (of the English Language -- also, the list-maker didn't create the words). Lists of words created by an algorithm are "...

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Can a U.S. President pardon an accessory to murder if the murder occurred in a foreign country?
17 votes

He can, to the extent that there is a federal charge involved. There is no limit to the power to "grant reprieves and pardons for offenses against the United States", but there is no power to grant ...

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Failing to renounce Indian citizenship
Accepted answer
16 votes

The Indian Citizenship Act, 1955 §8 requires it, so from a legal perspective, you must do it. That law does not specify the consequences, and there isn't a clear limit on the possible punishment. The ...

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Does the 1st Amendment let the government ban an app?
16 votes

The 9th Circuit decision actually held that the challenged regulations constitute a prior restraint on speech that offends the First Amendment which is not the same as saying that computer software ...

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Can an estate be forced to sell real estate to cover debt if the home was bequeathed to an adult child?
16 votes

You have to pay the debts from the assets that comprise the estate, to the extent that it is possible, but the executor has some discretion in how that happens. This law determines what order debts ...

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What prevents laws from being interpreted pedantically?
16 votes

To supplement MSalters' answer, 18 USC 1464 results from a large-scale reorganization of federal criminal law in 1948. It comes from the Communications Act of 1933, which (§ 326) states that "No ...

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