Apr 8, 2004 | Case Comments, Number 2, Print Edition, Volume 37
Section 1983 of the Civil Rights Act permits individuals to bring private actions against state actors for “deprivation of any rights, privileges, or immunities secured by the Constitution and laws.” Courts, however, have continually refused to recognize...
Mar 29, 2004 | Case Comments, Number 2, Print Edition, Volume 37
Freedom of speech is a fundamental American liberty guaranteed by the First Amendment of the United States Constitution. The Supreme Court of the United States has ruled that a governmental regulation cannot unduly burden an individual’s First Amendment...
Mar 28, 2004 | Case Comments, Number 2, Print Edition, Volume 37
Government officials may avail themselves of the qualified immunity defense in constitutional tort actions. The doctrine of qualified immunity evolved to protect the discretionary actions of government officials unless their conduct violates an individuals clearly...