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U.S. Fourth Circuit

First Amendment Protects Right to Livestream Traffic Stops, Fourth Circuit Says

By Laura Temme, Esq.

The U.S. Fourth Circuit Court of Appeals and seven other federal circuits protect the right to record police. But in a recent decision, the Fourth Circuit takes that protection further, finding that livestreaming is also a protected activity under the First Amendment.

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4th Shut Out of SCOTUS So Far, But Guns and Libertarians Await

By William Peacock, Esq.

This is odd. Out of all of the thirteen circuits, only one, the Fourth Circuit, has zero cases set for argument before the High Court. As part of our Supreme Court Week here at FindLaw, we're going through the big cases in each circuit that sit before SCOTUS, yet, for the Fourth there are none, nor are there any state cases from Maryland, North Carolina, South Carolina, Virginia, or West Virginia, according to Cert Pool. None, for now.

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Drug Distributors Win Groundbreaking Opioid Lawsuit in West Virginia

By Laura Temme, Esq.

Huntington and Cabell County alleged that the three distributors failed to maintain controls that would have prevented the oversupply of addictive substances like Oxycodone. At trial, attorneys for McKesson argued that holding the companies liable would "force distributors to second-guess doctors' prescribing decisions."

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4th Circuit Sides With HS Girls Over Skirt Requirement

By Alex Sirek

A federal appeals court has found that a North Carolina school's dress code violated female students' constitutional rights. From its opening in 2000, Charter Day School enforced a strict dress code requiring female students to wear skirts, jumper skirts, or skorts exclusively. Until recently, this strict guideline was upheld regardless of the girls' personal comfort with wearing skirts. Needless to say, male students were allowed to wear pants or shorts.

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Fourth Circuit Rules in Favor of Abortion Providers Suing South Carolina AG for "Fetal Heartbeat" Act—But State Asks for Rehearing En Banc

By Camila Laval, J.D.

South Carolina passed a law banning abortions after a heartbeat is detected—generally after six weeks of pregnancy and before many people know that they are expecting. The District Court enjoined the enforcement of the law, and the Court of Appeals affirmed. Governor Henry McMaster has now asked for further review, arguing that the Courts' reasoning on standing and severability was flawed.

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Federal Gun Restrictions Barely Survive Constitutionality Challenge in Fourth Circuit

By Camila Laval, J.D.

A recent Second Amendment challenge to a law restricting the sale of guns to adults under 21 will be dismissed for "mootness" because the plaintiffs have since aged out.

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