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U.S. Fifth Circuit

Can a Protest Leader Be Sued for Negligence When Crimes Occur?

By Joseph Fawbush, Esq. | Legally reviewed by Laura Temme, Esq. | Last updated on

How liable are protest leaders for the actions of people attending the events they organize? Many protests over the years have involved violence, looting, and other criminal behavior. The First Amendment doesn't protect speech that incites violence, but what about civil negligence claims? If protest leaders can be…

Is it Cruel and Unusual to Deny Felons the Right to Vote?

By T. Evan Eosten Fisher, Esq. | Last updated on

In Mississippi, convicted felons face not only fines and prison time, but they also lose their right to vote. A group of convicted felons challenged this law in federal court, arguing that it violated their Eighth Amendment right to be free from cruel and unusual punishment. A divided panel…

Fifth Circuit: Qualified Immunity for Laredo Police After Arresting Citizen Journalist for Asking a Question

By Joseph Fawbush, Esq. | Last updated on

Back-channel reporting on government practices is as old as journalism itself. Journalists with an inside government source may use that source to paint a picture in direct contrast with the public image a government agency, official, or politician puts forth. Then we, the public, are responsible for deciding which…

5th Circuit Further Restricts Access to Abortion Pills

By Eric Harvey, J.D. | Last updated on

Back in March, a Texas man filed a wrongful death lawsuit against three women he alleges assisted his ex-wife in obtaining an abortion. A resident of Galveston County, Marcus Silva claimed that the women could be sued for murder under Texas' wrongful-death law, and he also sought $1 million in…

DACA Hanging By a Thread After Fifth Circuit Ruling

By Laura Temme, Esq. | Last updated on

Those who qualify for protection from deportation under DACA (known as DREAMers) have been on uneven footing for years. And while the Biden administration made moves to codify the program, will that be enough to overcome the legal challenges DACA faces?

Biden Administration Can Measure "Social Cost of Carbon" for Economically Significant Regulations

By Joseph Fawbush, Esq. | Last updated on

As you might expect, not every politician agrees with using SCC when determining the economic impact of new federal regulations. But it was still surprising when a federal district court in Louisiana held last summer that the Biden Administration violated the Administrative Procedure Act (APA) in reinstating the use of SCC analysis through an executive order, E.O. 14008.

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