Sentences with phrase «constitutional protections as»

There is no line in the Constitution that reads, «ATTN: ANTONIN SCALIA JUST SO YOU KNOW WOMEN ARE AFFORDED THE SAME CONSTITUTIONAL PROTECTIONS AS EVERYONE ELSE FYI» and «This is not, of course, a surprising take on the Fourteenth Amendment from Scalia, but it's always nice to see him talk about what an asshole he is.»

Higher education typically does not have the same constitutional protections as K - 12 education does.

«That's as basic a constitutional protection as you can get, and I find it astounding that JCOPE has approved it.»

Not exact matches

Such Constitutional protections have ensured that federal programs such as Medicare, the Veteran Administration's TRICARE system (which provides benefits for active duty members of the military and their families), and the Emergency Medical Treatment and Active Labor Act (EMTALA) apply the same rules to everyone they cover.

Since his last re-election, Clarke has openly supported Republican causes on local and national right - wing media outlets; proudly trumpets on official Milwaukee County letterhead his 2013 award from the Constitutional Sheriffs and Peace Officers Association, whose leader suggested using women and children as human shields during Nevada rancher Cliven Bundy's standoff with federal agents; accused Milwaukee County Executive Chris Abele of having «penis envy» and being on heroin when crafting the county budget and needing to be drug tested; blasted Milwaukee County District Attorney John Chisholm and Chief Judge Jeffrey Kremers for being «soft on crime»; provided minimal protection for President Obama during his 2012 visit; employs former Scott Walker spokeswoman Fran McLaughlin, who was given criminal immunity over her role in Walker's mixing of campaign and county business; and created pro-gun public service announcements.

To these one might add such instances as the constitutional protection of slavery which led some radical abolitionists to repudiate that document; the massive violation of civil liberties during World War I; and the internment of Japanese - American citizens during World War II.

We can argue about the nature of the harm, but the Court, as a matter of constitutional right, prohibited protection of those with a particular weakness of this type of material.

Its curators» decisions to display particular objects, such as the Artifact, in the Museum are not state actions to which Constitutional protections apply.»

Rather than give for - profit corporations the same religious protections as non-profit corporations, or other persons guaranteed constitutional protection, it would single for - profit companies out to deny them religious exercise.

If one took the majority's assertions seriously, as Scalia's dissent noted, state constitutional provisions prohibiting polygamy would violate the equal protection principle.

Such a view of law would permit for - profit corporations to have the moral culpability of criminal convictions, take moral views on a slew of ethical concerns, and let corporations exercise other constitutional guarantees as persons while inexplicably siphoning off only for - profit corporations from religious protection.

The Court moved a long way toward making homosexual conduct a constitutional right, adopted the radical feminist view that men and women are essentially identical, continued to view the First Amendment as a protection of self - gratification rather than of the free articulation of ideas, and overturned two hundred years of history to hold that political patronage is unconstitutional.

But now the law has been federally enshrined by the Securing the Protection of our Enduring and Established Constitutional Heritage Act, otherwise known as the Speech Act and Rory's help is getting serious recognition in the new book, «You Can't Read This Book: Censorship in an Age of Freedom.»

The suit alleges that police violated Nicholas's constitutional rights to freedom of the press, speech, assembly, and intra-state movement, as well as his rights to equal protection under the law and substantive due process.

«Consequently, any individual or group of persons who engage in any act of sabotage to the nation's strategic assets will face the full weight of the law as the military and other security agencies will ensure total protection of such facilities wherever they are in line with our constitutional mandate.

Normally, that by itself, should shield any one of the states which enacted Traditional Marriage protections against interlopers entering the state and demanding that their fake Sodomite «marriage» be recognized as valid, but in this day and age of a runaway judiciary, it is best that we somehow pass a Constitutional Amendment defining Traditional Marriage and / or slapping the hands of rogue jurists away from the issue altogether.

The public relations firms» suit claims the rules violate the First Amendment as well as constitutional due - process protections «by unlawfully subjecting public relations firms like the plaintiffs to a disclosure and punishment regime designed for true lobbyists, when all they are doing is speaking to the press about public issues.

He has also supported defining personhood as beginning from the moment of conception and therefore providing constitutional protections to unborn persons.

It should be noted that the «thaw without transfer» provision for non-transferred embryos permitted in the UK can not be easily adopted in Ireland, due Medical Council guidelines and the unresolved question of Constitutional protection of the unborn as contained in Article 40.3.3.

As many commentators have convincingly explained, it is difficult to square this position with the original understanding of the Fourteenth Amendment's equal protection clause (see Eric Schnapper's «Affirmative Action and the Legislative History of the Fourteenth Amendment»; Michael Klarman's «Brown, Originalism, and Constitutional Theory»; and Jed Rubenfeld's «Affirmative Action»).

To begin, many legal historians and constitutional scholars seem to agree that the equal protection clause, as originally understood, did not prohibit segregation, because integration — including integrated schools — involved a «social» right, not a civil right, and therefore fell outside the ambit of that clause.

Regarding the first two groups, without running afoul of constitutional protections, states can curtail retiree health care, as Wisconsin and Ohio did, which frees up some resources to apply to immutable pension obligations.

To do otherwise would subject the board to constitutional claims, because people have the right to equal protection of the laws from governmental agencies, such as boards of education... A written policy can be invaluable in such situations to guide administrators and to inform parents as to what the rules are.»

As school leaders, we must take seriously our obligations to comply with the law, educate our students and communities, and model democratic citizenship and the protection of Constitutional rights.

It's been ten years since the Children's Internet Protection Act — the law that requires public libraries and K - 12 schools to employ internet filtering software in exchange for certain federal funding — was upheld by the U.S. Supreme Court as constitutional.

The company, argues that Wilken incorrectly applied a test of whether the use of the image was «transformative,» which would give Electronic Arts constitutional protection, by looking only at Keller's image rather than «NCAA Football» as a whole.

The report underlines that due to an export ban on unprocessed forest timber and the constitutional protection of 60 % of the country's forest cover, Bhutan has maintained its status as a net sink for greenhouse gases (GHGs).

Anticipating that others will behave in this way, in turn, allows everyone to more confidently invest in denial at t = 0: To avoid this deleterious outcome, organizations and societies will find it desirable to set up ex-ante guarantees such as whistle - blower protections, devil's advocates, constitutional rights to free speech, independence of the press, etc..

In 2013, a couple of months after these decisions were issued, the German Federal Constitutional Court took the opportunity in a fundamental rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91).

It is also important to note that the constitutional protection from «unreasonable» searches not only governs the nature of the search, but the conduct of the police as well.

Essentially, the national court asks whether Simmenthal II applies to the ECHR now that article 6 (3) TEU states that «Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law».

«Protection of reputation should be declared a stand - alone constitutional right under section 7 of the Charter, subject to the same vicissitudes as freedom of expression, namely, the further removed from its core value, the less worthy of protection,» states Timothy Danson, lead counsel for the doctor, in written submissions filed with the Court Protection of reputation should be declared a stand - alone constitutional right under section 7 of the Charter, subject to the same vicissitudes as freedom of expression, namely, the further removed from its core value, the less worthy of protection,» states Timothy Danson, lead counsel for the doctor, in written submissions filed with the Court protection,» states Timothy Danson, lead counsel for the doctor, in written submissions filed with the Court of Appeal.

Plus we have other constitutional protections which act as inhibitors against hateful speech.

Recognizing the critical importance of judicial tenure, both in substance and appearance, Congress provided special protections for administrative law judges, even as it afforded due deference to the constitutional powers of executive agencies to render final agency decisions.

Here, the court concludes only that existing Fourth Amendment doctrine must be interpreted so as to afford constitutional protection to the cumulative cell - site - location records requested here.

Moreover, the constitutional perspective adopted by the book encompasses the relationship between national constitutions and the EU as well as the relationship between the European Convention on Human Rights and the EU in the fields of policing, criminal law and data protection.

To uncover the Constitutional underpinnings of individual privacy in the Bill of Rights, take a peek at the Fourth Amendment's golden rule against unreasonable searches and seizures, as well as rights under the First (freedom of religion, speech, press, assembly), Third (no quartering of troops), Fifth (no self - incrimination) along with the Ninth (the catch - all that preserves rights not specifically named in the Constitution) and Fourteenth Amendments (due process, equal protection).

Previous experiences include service as the Director of the Colombian Government Trade Bureau in Washington D.C., Chief International Legal Counsel of the Colombian Ministry of Commerce, Deputy - Chief Negotiator of the US - Colombia Free Trade Agreement, member of the Advisory Board of the Colombian Antitrust and Consumer Protection Agency, and Judicial Clerk at the Colombian Constitutional Court.

As for illegal aliens, there are no constitutional protections and no protections afforded legal visitors, but that does not mean there are no protections.

That may be so, but it also stands as a chilling reminder of the fragility of the constitutional protections we take as bedrock.

Such advertising was prohibited as illegal solicitation of legal services until the U.S. Supreme Court ruled in 1977 that restrictions on advertising professional services violated constitutional protections of free speech.

The new directives address the circumstances under which U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) can conduct border searches of electronic media — consistent with the Department's Constitutional authority to search other sensitive non-electronic materials, such as briefcases, backpacks and notebooks, at U.S. borders.

The court considered various constitutional principles, and found that the protections for spouses found in the Canada Evidence Act should indeed be extended to common - law spouses, as this would harmonize the law in this area with the other legislation that essentially abolished the distinction between the two types of union.

As Lord Dyson recently put it: «There is no principle more basic to our system of law than the maintenance of the rule of law itself and the constitutional protection offered by judicial review» (R (Cart) v Upper Tribunal [2011] UKSC 28, [2011] 4 All ER 127).

Giving providers assurance that guidelines can be used only in their favor may be an important step toward gaining their support; but allowing such one - sided use of evidence in a court of law raises disturbing questions of fairness and of validity under the U.S. Constitution's Fifth and Fourteenth Amendments» due process and equal protection mandates, and under state constitutional principles as well.

The Court of Justice reached this decision, which was highly controversial, after conducting a review of the scope of the protection afforded to communications with in - house counsel across the member states of the EU, and finding there not to be a sufficiently broad consensus on this point to justify the extension of the privilege, given that it was identified as being one of the fundamental principles of law common to the constitutional traditions of the member states.

The protection of communications between attorney and client ultimately relies on fundamental constitutional rights, such as the right to freedom and confidentiality of correspondence and of every other form of communication (article 15 of the Constitution of the Italian Republic) and the right of defence (article 24 of the Constitution of the Italian Republic).

'' [A] s the manifest purpose of the constitutional provisions, both of the states and of the United States, is to prohibit the compelling of testimony of a self - incriminating kind from a party or a witness, the liberal construction which must be placed upon constitutional provisions for the protection of personal rights would seem to require that the constitutional guaranties, however differently worded, should have as far as possible the same interpretation...»

Carrying more legal weight as a constitutional document than its predecessor, the Charter provides the guaranteed protection of important rights such as freedom of conscience, religion, expression, and association; the democratic right to vote; mobility rights to enter and leave Canada as well as reside anywhere within Canada; legal rights in criminal matters; equality rights against discrimination; and language rights.

The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.