Gun rights advocates argue that the prohibition violates the U.S. Constitution's Second Amendment and the appeals court ruling calls for a new law with very few restrictions, if any.
The Court of Appeals said in a 4-1 ruling that the 2008 amendment meets the U.S. Supreme Court test that the sellers have "a substantial nexus" with the taxing state.
Both Congress and the SEC have said that the consequences of a ruling on the First Amendment claim could have long lasting and broad effects beyond the question at hand.
The court, however, refused both at that time and now to decide whether the commission's policy violates the First Amendment guarantee of free speech, ruling only on the agency's enforcement power.
Evans ruling, striking down a Colorado constitutional amendment that forbid local communities from passing laws banning discrimination against gays.
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But until there's a ruling, Congressman Cliff Stearns says his amendment will require the Defense Department to aggressively investigate and go after colleges that are not in compliance with the Solomon Amendment.
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The appeals court ruling is likely to bring the debate over the Second Amendment front and center once again.
The suit seeks a ruling that both provisions violate the constitution's Second Amendment right to bear arms and the 14th Amendment right to equal protection under the laws as well as injunctions stopping enforcement.
The statements "are not protected by the First Amendment irrespective of whether they are true or false, " Selna wrote in an earlier ruling.
And I'm wondering, coming after the Supreme Court's ruling last year, how exactly this bill is not a violation of the First Amendment?
The Massachusetts legislature voted against a proposed state constitutional amendment that would ban gay marriage, which is legal in the state because of a court ruling.
After more talks in South Africa, the ruling ZANU-PF and the opposition Movement for Democratic Change at least agreed on a constitutional amendment providing for a new post of prime minister, to be held by the MDC's leader, Morgan Tsvangirai.
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The rep was convicted in 2008 of a misdemeanor for encouraging doctors to prescribe the medication for unapproved uses, but successfully argued that his First Amendment rights were violated because his promotional remarks were not false or misleading (back story with indictment, lawsuit and ruling is here).
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