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Courts throughout the country have therefore recognized First Amendment defenses in many right of publicity cases involving expressive works.
The government also may not authorize civil lawsuits based on people's speech, unless the speech falls within a traditionally recognized First Amendment exception.
there must be a realistic danger that the statute itself will significantly compromise recognized First Amendment protections of parties not before the Court for it to be facially challenged on overbreadth grounds.
Moreover, Kennedy wrote, "The Court has recognized that First Amendment protection extends to corporations".
Just because the courts have recognized students' First Amendment rights, it doesn't follow that students have other rights.
U.S. law has long recognized a First Amendment right to freedom of association and the ability to express political views as a group.
Such is the policy of the Fourth Amendment, recognized by Congress and reformulated in the New Rules of Criminal Procedure adopted only last year.
JEFFREY TOOBIN: In fairness, it's worth pointing out that it was only in the Heller case, in 2008, that the Court recognized the second amendment as a personal right of individuals who own arms.
Following the 2011 decision of a federal appeals court in Glik v. Cunniffe, a second federal appellate court recognized a First Amendment right for citizens to record the police in ACLU v. Alvarez.
This Court has never recognized a First Amendment right to be free from a retaliatory arrest that is supported by probable cause; nor was such a right otherwise clearly established at the time of Howards' arrest.
Proposals have been made that in-house counsel privilege should be recognized in an amendment of Regulation 17/62, in a Directive harmonizing the role of lawyers in the EC, or by special decision.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com