In February 2003, the Borough of Duryea, Pennsylvania ("Duryea") fired Police Chief Charles J. Guarnieri, Jr. See Guarnieri v. Borough of Duryea, 364 Fed. Appx. 749, 751 (3d Cir. 2010). Guarnieri filed a union grievance resulting in arbitration and his...
First Amendment
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Robert Boule is the owner of a bed and breakfast in Blaine, Washington. Boule v. Egbert at 1312. Boule’s property directly adjoins the United States-Canada border. Id. In March 2014, Boule encountered Erik Egbert, a Customs and Border Protection (“CBP...
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Anthony D. Elonis was indicted with five counts of making threats in violation of 18 U.S.C. § 875(c) (“§ 875(c)”). United States v. Elonis, 730 F.3d 321, 327 (3rd Cir. 2013). Section 875(c) provides that it shall be illegal to transmit “in interstate...
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The First Amendment's Establishment Clause prohibits the government from making any law “respecting an establishment of religion.” This clause not only forbids the government from establishing an official religion, but also prohibits...
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Whenever a consumer uses a credit card to make a purchase, the merchant is charged a swipe fee. Expressions Hair Design v. Schneiderman, 808 F.3d 118, 122 (2d Cir. 2015). Merchants typically pass on these charges to consumers through higher prices...
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In order to guard against actual and apparent quid pro quo corruption, Congress promulgated federal campaign financing restrictions through the Federal Election Campaign Act of 1971 (“FECA”). Ted Cruz for Senate v. Fed. Election Comm’n (“Ted Cruz for...
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In 2004, many political experts anticipated that members of the U.S. Senate would try to further delay a Senate vote on President George Bush’s judicial nominees with continued filibustering. In response to this tactic, Wisconsin Right to Life (“WRTL...
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Fighting words are words meant to incite violence such that they may not be protected free speech under the First Amendment. The U.S. Supreme Court first defined them in Chaplinsky v New Hampshire (1942) as words which "by their very...
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Free Exercise Clause refers to the section of the First Amendment italicized here:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
The Free Exercise Clause reserves the right...
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Under California law, a union may become the exclusive bargaining representative for all public school employees in a school district if it can show that a majority of the employees consent to its representation. See Friedrichs v. Cal. Teachers Ass’n,...