News & Analysis as of

NC Supreme Court First Amendment

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Reluctant to Intervene in Church Dispute

​​​​​​​U.S. courts have traditionally been reluctant to become involved in internal disputes within a religious organization. These concerns are based on First Amendment prohibitions against interfering with a church’s or...more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Reluctant to Intervene in Church Dispute

​​​​​​​U.S. courts have traditionally been reluctant to become involved in internal disputes within a religious organization. These concerns are based on First Amendment prohibitions against interfering with a church’s or...more

Fox Rothschild LLP

A Business Court Finds There is Little “Neutral” Ground in Disputes Over Church Business

Fox Rothschild LLP on

An intra-congregational dispute over control of church bank accounts led the Wakefield Missionary Baptist Church to a schism that forced out a senior pastor, saw church doors locked, and resulted in competing factions...more

Fox Rothschild LLP

Supreme Court Rules That Nominal Damages Can Be Quite Valuable…Maybe?

Fox Rothschild LLP on

In March, the concept of nominal damages (often just a single dollar awarded to a plaintiff to represent a defendant’s liability in the absence of actual damages) took center stage at the highest courts of both the country...more

BCLP

SCOTUS Gets Social: Does the First Amendment Protect the Right to Post, Snap and Chat?

BCLP on

The U.S. Supreme Court has issued one of its first decisions addressing the relationship between the First Amendment and the Internet. In Packingham v. North Carolina, 582 U.S. ___ (June 19, 2017), the Court holds that a...more

Fenwick & West LLP

Supreme Court Declares First Amendment Interest in Access to Social Networks

Fenwick & West LLP on

The internet has become so essential to American public discourse that saying so is almost trite now. Members of Congress regularly use social media to engage with constituents. The President has turned Twitter into one of...more

Jackson Walker

Supreme Court Fells North Carolina Statute on First Amendment Grounds, Recognizes Cyberspace and Social Media As the Most...

Jackson Walker on

Yesterday’s unanimous ruling by the U.S. Supreme Court in Packingham v. North Carolina is one of the first decisions in which the Court has addressed broadly the relationship between the First Amendment and social media,...more

Poyner Spruill LLP

Is There A Right To Facebook In The Constitution? North Carolina Cyberlaw Goes To The United States Supreme Court.

Poyner Spruill LLP on

The Supreme Court of the United States has just agreed to the hear Packingham v. United States. The grant of certiorari reflects the increasing integration of cyberlaw with mainstream constitutional litigation. Packingham,...more

Robinson+Cole Data Privacy + Security Insider

North Carolina Cyberbullying statute struck down as unconstitutional

On February 9, 2012, Robert Bishop was arrested and charged with one count of cyberbullying under the North Carolina Cyberbullying statute, which states that it is “unlawful for any person to use a computer or computer...more

Poyner Spruill LLP

North Carolina Supreme Court Strikes Down Cyberbullying Statute On Free Speech Grounds

Poyner Spruill LLP on

In State v. Bishop (June 10, 2016), the Supreme Court of North Carolina reversed a unanimous panel of the Court of Appeals and struck down the state’s cyberbullying statute, N.C.G.S. § 14-458.1 as unconstitutional....more

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