In order to file a lawsuit against an individual or organization alleging violation of the law, the plaintiff must be able to allege specific and clear violations of the law, as well as actual damages the plaintiff suffered as a result of the alleged violation. This is as true of…
With steroids running rampant in the world of professional athletes, many people just assume that most, if not all, prominent athletes are using some sort of drug (or drugs) to artificially enhance their performance. At the same time, many people who idolize certain athletes and look up to them as…
Despite the schoolyard saying, words can hurt you. Negative information that gets spread through the public can affect both your personal and professional lives, which is why legislators have taken steps to protect citizens from language that has the potential to be harmful. But the U.S. Constitution promises all its…
The line between freedom of speech and defamation can be a fine line at times. Although the First Amendment to the United States Constitution allows us to speak our minds, it does not give us total immunity when saying things that have the potential to seriously damage another person’s reputation…
It all started with a little law that discriminated against signs for church services in favor of signs promoting political candidates. It’s clear why citizens would take exception to such a law. What’s less clear is how the Supreme Court, in its ruling on the matter, managed to wreak havoc…
The first amendment to our constitution provides us with an invaluable protection to say anything we want – or at least almost anything we want. Judges and attorneys frequently have to balance the rights granted by the first amendment with their duty to protect citizens of the United States. In…
Anyone who runs for office would be well-advised to prepare themselves for some mud-slinging. Anyone who lives in the United States cannot help but be exposed to political candidates accusing each other of various indiscretions and dishonesties. These harmful statements are allowed to go unchecked because of the freedom of…
It is somewhat common for workers who have been fired to claim that their termination was a result of their employer retaliating against them for undesirable behavior. Proving such an accusation in court is another matter. Most states have “at-will” employment laws, which means employers can terminate a worker’s employment…
As Americans, we love to cite the First Amendment of our constitution any time someone doesn’t like what we say. The one that says that we can say whatever we want without worrying about prosecution. In reality, though, that’s not quite true. The First Amendment does indeed protect freedom of…
Courts recognize that the government has an interest in regulating certain forms of speech. However, that interest does not cancel out each citizen’s right to free speech as granted under the First Amendment of the U.S. Constitution. When faced with a lawsuit brought under the First Amendment, the courts will…