But in the case of ordinary statutory and common law restrictions, if they attempt to restrict speech that is constitutionally
protected from such restrictions, the speaker can raise that protection as a defense to the charge of violation.
This case is before the Court, however, because the court below vitiated that remedy, finding first that the overpayment statute was inapposite and further that Minnesota law provided a constitutionally
sufficient predeprivation remedy, to wit: the assessment protest statute, which had never before been extended to cover the non-discretionary act of calculating tax bills.
Although the Geoffrey decision is constitutionally
suspect at best, states appear unable to resist the temptation held out by the South Carolina court's decision.
If the abortion choice is a fundamental constitutionally
protected right, so too is the decision to commit suicide.
I considered her impending appearance in my neighborhood, and whether to go: will she recognize me as one of her ilk or presume that I am a dork for even showing up at such a constitutionally
The creation of another body either by executive issuance or by an act of Congress that effectively defeats the independence and flexibility needed by the Ombudsman in the discharge of her duties is, at best, constitutionally
suspect,' Fajardo said in a statement.
One thinks back to Charles Glenn's observation about the "only forbidden motivation" and Greenawalt's point that conscious religious motives would make a teacher's selecting (or not selecting) school textbooks constitutionally
Texas governor RICK PERRY, responding to a question about the state's gay military veterans, during a June 5 ceremony at a Fort Worth church school, where he signed a bill scheduling a ballot initiative to ask voters to constitutionally
ban same-sex marriage
In fact, Blackmun's first draft was quite narrow and said nothing about whether women have a constitutionally
protected right to obtain abortions.
A three-judge state appeals court panel determined "that a parent has a constitutionally
protected right to direct the activities in which a child may engage" but not "that a parent's authority to relinquish a child's tort claims is similarly protected.
This question is framed because the Association for Marriage and Family in Ontario argued that the legal definition of marriage--the union of one man and one woman is a constitutionally
entrenched term, defined in the Constitution Act/1867.