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...
First Amendment
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...
