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Monell v. Department of Social Services, 436 U.S. 658 (1978), is an opinion given by the United States Supreme Court in which the Court overruled Monroe v. Pape by holding that a local government is a "person" subject to suit under Section 1983 of Title 42 of the United States Code: Civil action for deprivation of rights. [1]
The U.S. Court of Appeals rejected the city's argument. The Hermosa Beach Municipal Code banning tattoo shops was not narrowly tailored to achieve the city's interest in protecting the health and safety of its citizens. The ordinance was too broad and banned speech that is traditionally protected under the First Amendment.
Moot court, like law review and clinical work, is one of the key extracurricular activities in many law schools around the world. Depending on the competition, students may spend a semester researching and writing the written submissions or memorials, and another semester practicing their oral arguments, or may prepare both within the span of a ...
Doyle, [3] the Supreme Court established a standard of but-for causation for claims of official retaliation against speech. However, in the 2006 case of Hartman v. Moore, [4] the Supreme Court established an exception for claims of retaliatory prosecution, requiring that a plaintiff show a lack of probable cause for their prosecution. [5]
Terminiello v. City of Chicago, 337 U.S. 1 (1949), was a case in which the Supreme Court of the United States held that a "breach of peace" ordinance of the City of Chicago that banned speech that "stirs the public to anger, invites dispute, brings about a condition of unrest, or creates a disturbance" was unconstitutional under the First and Fourteenth Amendments to the United States ...
Further, the Wisconsin Supreme Court claimed that the law was also unconstitutionally over broad, reasoning that, in order to prove a person selected a victim in the prohibited manner, the state would need to introduce evidence of a person's prior speech. The court thought this would create a "chilling effect" on free speech in general, as ...
Oral argument is not always considered an essential part of due process, as the briefs also give the parties an opportunity to be heard by the court. Whether a court will permit, require, or guarantee the opportunity to present oral argument is a decision usually left up to each court to decide as part of its rules of procedure, with ...
Christian Legal Society v. Martinez, 561 U.S. 661 (2010), is a United States Supreme Court case in which the Court upheld, against a First Amendment challenge, the policy of the University of California, Hastings College of the Law, governing official recognition of student groups, which required the groups to accept all students regardless of their status or beliefs in order to obtain ...