The Michigan Court of Appeals upheld the dismissal of a lawsuit against Fr. Don LaCuesta and the Archdiocese of Detroit by the Monroe County Circuit Court in Hullibarger v Archdiocese of Detroit, et al., unpublished per curiam opinion of the Court of Appeals...
First Amendment
Do Social Media Bans Violate The First Amendment Of The U.S. Constitution?
On Friday, January 8, 2021, Twitter banned President Trump’s @realdonaldtrump and @Potus45 accounts in the wake of his statements made after the Save America Rally and the riots at the U.S. Capitol two days prior. Facebook and Instagram also banned his...
Can You Be Prosecuted For Mutilating Or Burning The Flag In Michigan?
Did you know that there are two statutes on the books that criminalize disfiguring or mutilating the American flag in Michigan? Did you know that these statutes were held unconstitutional according to the U.S. Supreme Court? Michigan law provides the following...
U.S. Court Of Appeals Rules President Trump Cannot Block Social Media Users From His Twitter Account
On July 9th, 2019, the U.S. Court of Appeals for the Second Circuit released its opinion in Knight First Amendment Institute, et al. v. Donald J. Trump, et. al., Slip Opinion No. 18-1691, holding that President Trump engaged in "unconstitutional viewpoint...
U.S. Court of Appeals Holds Parsonage Income Exclusion Withstands First Amendment Scrutiny
The U.S. Seventh Circuit Court of Appeals released their opinion in Gaylor v. Mnuchin, No. 18-1277, slip op. (7th Cir. Mar. 15, 2019) and Gaylor v. Peecher, No. 18-1278, slip op. (7th Cir. Mar. 15, 2019), holding that the Internal Revenue Code income exemption for...
U.S. Court Of Appeals Holds Middle Finger Gesture Does Not Trigger Probable Cause For Seizure Under Fourth Amendment
The U.S. Sixth Circuit Court of Appeals released their opinion in Cruise-Gulyas v. Minard, No. 18-2196, slip op. (6th Cir. Mar. 13, 2019) and held that an individual flashing the vulgar middle finger gesture at a police officer does not create grounds for a search or...
Can Students Be Punished For Refusing To Recite The Pledge Of Allegiance?
The Pledge of Allegiance is so ubiquitous in American society that it often falls into routine without second thought. The school day often opens with students standing from their chairs, facing the American flag with hand over heart and reciting the pledge. Almost...
