8 results for 'cat:"Civil Rights" AND cat:"Constitution" AND cat:"First Amendment"'.
J. Hoyt grants a preliminary injunction to a strip club on its constitutional challenges to the state comptroller’s $10 Sexually Oriented Business Fee, which requires inspections, audits and that businesses keep a record of how many customers are admitted to the establishment on a daily basis. The club has shown it is likely to succeed on the merits of its First and Fourteenth Amendment claims, and it will suffer irreparable harm without an injunction.
Court: USDC Southern District of Texas, Judge: Hoyt, Filed On: November 9, 2023, Case #: 4:23cv3131, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, first Amendment
J. Albright grants a preliminary injunction to a group of booksellers and publishers who sued Texas over a new law restricting children's access to so-called "sexually explicit" books. While the state no doubt has a strong interest in protecting children from "obscene content," this new law imposes "a web of unconstitutionally vague requirements," including by "abdicating its responsibility" to regulate obscenity and instead placing the burden on third parties like booksellers. Texas is temporarily barred from attempting to enforce the bill, HB 900.
Court: USDC Western District of Texas , Judge: Albright, Filed On: September 18, 2023, Case #: 1:23cv858, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, constitution, first Amendment
J. Meyer grants the sex offender's motion for summary judgment, ruling the Connecticut law requiring released sex offenders to disclose all email addresses and other forms of online communication to the state police violates the First Amendment and does not advance a compelling government interest. Although the state has an interest in deterring sex offenders from using the internet to commit additional crimes, requiring disclosure of all internet-based forms of communications prevents released offenders from speaking freely and anonymously on the internet, while the state failed to provide any evidence the law has been used to prevent or detect crimes in the 15 years since its passage; therefore, the state will be permanently enjoined from enforcing the law against him.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 14, 2023, Case #: 3:19cv1240, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, first Amendment
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J. Ezra grants a preliminary injunction to a group of porn-industry insiders after they sued the interim Texas attorney general over a new state law that “restricts access to pornographic websites by requiring digital age verification methods and warnings about the alleged harms caused by pornography.” While the state “has a legitimate goal in protecting children from sexually explicit material online,” the law violates the First Amendment and Section 230 in a number of ways, including by requiring porn websites to publish speech that is “deeply controversial” and “unduly burdensome,” including “somewhat deceptive” claims about the alleged dangers of pornography.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: August 31, 2023, Case #: 1:23cv917, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, first Amendment
J. Grasz finds a lower court properly dismissed three protesters' First Amendment retaliation claims against a City. The protesters argued that police officers violated their rights by spraying them in the face with pepper spray. However, the protestors failed to sufficiently show in court that there was a casual connection between the officers' use of pepper spray and their constitutional rights for freedom of expression. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: July 28, 2023, Case #: 22-1735, Categories: civil Rights, constitution, first Amendment