News & Analysis as of

Law Enforcement First Amendment

DRI

From Protest to Arrest: Navigating First Amendment Retaliatory Arrest Claims

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Protest and political activism are deeply ingrained in American culture, boasting a storied history of citizens mobilizing to advocate for change and to challenge injustices. From the Boston Tea Party during the colonial era...more

Bricker Graydon LLP

Sixth Circuit rules officers have no first amendment right to record interviews during police misconduct investigations

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Technology. It is the proverbial blessing and curse that has resulted in an increasing amount of litigation in the courts. One such lawsuit presented the issue of whether the First Amendment provides police officers and their...more

Dorsey & Whitney LLP

The Supreme Court - January 18, 2022

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Kevin George v. McDonough, No. 21-234: This case, involving an agency’s authority to interpret the statutes it regulates, presents the following question: When the Department of Veterans Affairs (VA) denies a veteran’s claim...more

Foley Hoag LLP - Security, Privacy and the...

First Circuit Creates Exception to Massachusetts Wiretap Statute Based on First Amendment Rights, Allows Citizens and Press to...

The First Circuit’s recent opinion in Project Veritas Action Fund v. Rollins, upheld a challenge to the Massachusetts anti-wiretap law, Mass. Gen. Laws ch. 272, § 99, carving out an exception for certain activity protected by...more

Woods Rogers

Let Your Fingers Fly—At Least in North Carolina

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As we discussed last summer, the North Carolina Court of Appeals issued a surprising decision that there was probable cause to pull over a driver in North Carolina after he makes “an up-and-down pumping motion with his middle...more

Womble Bond Dickinson

U.S. Customs Opens Mass Searches of Data on Confiscated Traveler Smartphones, Computers

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I am an advocate of providing law enforcement officers the newest technology to do their jobs well. If there is a recording of an event, the police should be able to use it. If a stingray can capture cell phone...more

Womble Bond Dickinson

The Constitution Protects Faces in the Crowd

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Unlimited law enforcement application of facial recognition software to surveillance footage is an unreasonable search and a violation of Constitutional rights for people in a peaceful crowd. An officer should need to...more

Womble Bond Dickinson

Take Video, But Secure a Warrant to Run Facial Recognition Software

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Last week’s tech company announcements about facial recognition software startled me, but probably not for the reason you might imagine. Amazon, IBM and Microsoft all boosted their socially conscious credibility by moving...more

Robins Kaplan LLP

Financial Daily Dose 6.12.2020 | Top Story: American Airlines Pledges Loyalty Program as Collateral for COVID Stimulus Package

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American Airlines Group Inc. stated that it plans to pledge its loyalty program “as collateral for a $4.75 billion government loan as it seeks to shore up capital to manage through the coronavirus pandemic.” The company...more

Womble Bond Dickinson

Surveillance Society Meets Political Protest

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You are being watched. And in these trying times of COVID-19 and major political protests, surveillance matters. It seems everyone is making judgments about whether we protect ourselves or society when we leave the...more

Proskauer Rose LLP

Three Point Shot - September 2019

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

Sands Anderson PC

The One Fingered Salute: It's Rude, But It's Not Probable Cause To Arrest

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Officer Matthew Minard of the Taylor, Michigan Police Department pulled over Debra Cruise-Gulyas for speeding. He cut her a break and cited her only for a non-moving violation. A lot of people would’ve been grateful, but...more

Jackson Lewis P.C.

Texas Anti-Sanctuary Law Blocked

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In a ruling that may help to diminish the fears of some undocumented individuals seeking aid in the aftermath of Hurricane Harvey, U.S. District Court Judge Orlando Garcia enjoined some key provisions of Texas’ anti-sanctuary...more

Latham & Watkins LLP

Are Changes in Store for the Stored Communications Act?

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Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA...more

Dorsey & Whitney LLP

National Debate on Digital Privacy Shows No Signs of Slowing

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The Justice Department’s dispute with Apple related to encryption on the iPhone used by one of the San Bernardino shooters has reinvigorated the national debate on digital privacy. Though it is not clear how the California...more

Morrison & Foerster LLP - Social Media

What’s in a Like?

In the pre-Facebook era, the word “like” was primarily a verb (and an interjection sprinkled throughout valley girls’ conversations). Although you could have likes and dislikes in the sense of preferences, you could not give...more

Clark Hill PLC

Legal Updates for Government Entities Covering May and June 2014

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Arizona Court of Appeals (heading) Immunity under A.R.S. § 12-820.03 Glazer v. State of Arizona, --P.3d--, 2014 WL949114 (Ariz.App. 2014) This case arises out of a cross-over crash on I-10 south of...more

Morrison & Foerster LLP - Social Media

Status Updates - July 2014 #2

..The New York Court of Appeals has struck down that state’s “cyberbullying” law in a 5-2 decision, finding that it is overly broad and chills First Amendment-protected speech. The case arose when a 15-year-old boy pleaded...more

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