Packingham V. North Carolina
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Packingham V. North Carolina
''Packingham v. North Carolina'', 582 U.S. ___ (2017), is a case in which the Supreme Court of the United States held that a North Carolina statute that prohibited registered sex offenders from using social media websites is unconstitutional because it violates the First Amendment to the U.S. Constitution, which protects the freedom of speech. In 2010, Lester Gerard Packingham, a registered sex offender, posted on Facebook under a pseudonym to comment favorably on a recent traffic court experience. Packingham was then identified by police and charged with violating North Carolina's law. Packingham moved to dismiss the charges, arguing that the state's law violated the First Amendment. The trial court dismissed this motion and ultimately convicted Packingham. An appellate court initially reversed the trial court, holding that the law did violate the First Amendment, but the North Carolina Supreme Court, the state's highest court, disagreed and reinstated the conviction. In June 201 ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Registered Sex Offender
A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions, registration is accompanied by residential address notification requirements. In many jurisdictions, registered sex offenders are subject to additional restrictions, including on housing. Those on parole or probation may be subject to restrictions that do not apply to other parolees or probationers. Sometimes, these include (or have been proposed to include) restrictions on being in the presence of underage persons (under the age of majority), living in proximity to a school or day care center, owning toys or items targeted towards children, or using the Internet. Sex offender registries exist in many English-speaking countries, including Australia, Canada, New Zealand, the United States, Trinidad and Tobago, Jamaica, South Africa, the United Kingdom, a ...
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Twitter
Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and 'Reblogging, retweet' tweets, while unregistered users only have the ability to read public tweets. Users interact with Twitter through browser or mobile Frontend and backend, frontend software, or programmatically via its APIs. Twitter was created by Jack Dorsey, Noah Glass, Biz Stone, and Evan Williams (Internet entrepreneur), Evan Williams in March 2006 and launched in July of that year. Twitter, Inc. is based in San Francisco, California and has more than 25 offices around the world. , more than 100 million users posted 340 million tweets a day, and the service handled an average of 1.6 billion Web search query, search queries per day. In 2013, it was one of the ten List of most popular websites, most-visited websites and has been de ...
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The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid digital subscribers. It also is a producer of popular podcasts such as '' The Daily''. Founded in 1851 by Henry Jarvis Raymond and George Jones, it was initially published by Raymond, Jones & Company. The ''Times'' has won 132 Pulitzer Prizes, the most of any newspaper, and has long been regarded as a national " newspaper of record". For print it is ranked 18th in the world by circulation and 3rd in the U.S. The paper is owned by the New York Times Company, which is publicly traded. It has been governed by the Sulzberger family since 1896, through a dual-class share structure after its shares became publicly traded. A. G. Sulzberger, the paper's publisher and the company's chairman, is the fifth generation of the family to head the pa ...
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American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying, and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of '' amicus curiae'' briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions that have been established by its board of directors. Current positions of the ACLU include opposing the ...
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Cato Institute
The Cato Institute is an American libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Ed Crane, Murray Rothbard, and Charles Koch, chairman of the board and chief executive officer of Koch Industries.Koch Industries is the second largest privately held company by revenue in the United States. Cato was established to have a focus on public advocacy, media exposure and societal influence. According to the ''2020 Global Go To Think Tank Index Report'' (Think Tanks and Civil Societies Program, University of Pennsylvania), Cato is number 27 in the "Top Think Tanks Worldwide" and number 13 in the "Top Think Tanks in the United States". The Cato Institute is libertarian in its political philosophy, and advocates a limited role for government in domestic and foreign affairs as well as a strong protection of civil liberties. This includes support for lowering or abolishing most taxes, opposition to the Federal Reserve system and the Affordable Care Act, ...
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Amicus Brief
An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an ''amicus'' brief lies within the discretion of the court. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canada, an ''amicus curiae'' is a ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Free Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been recognised as a Human rights, human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information an ...
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Intermediate Scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous). In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged furthers an ''important'' government interest by means that are substantially related to that interest. Intermediate scrutiny may be contrasted with "strict scrutiny", the higher standard of review that requires narrowly tailored and least restrictive means to further a ''compelling'' governmental interest, and "rational basis review", a lower standard of review that requires the law or policy be rationally related to a ''legitimate'' government interest. This approach is most often employed in reviewing limits on commercial speech, content-neutral regulations of speech, and state actions discriminating on the basis of sex. Laws subject to ...
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North Carolina Court Of Appeals
The North Carolina Court of Appeals (in case citation, N.C. Ct. App.) is the only intermediate appellate court in the state of North Carolina. It is composed of fifteen members who sit in rotating panels of three. The Court of Appeals was created by the North Carolina General Assembly in 1967 after voters approved a constitutional amendment in 1965 which "authorized the creation of an intermediate court of appeals to relieve pressure on the North Carolina Supreme Court." Judges serve eight-year terms and are elected in statewide elections. The General Assembly made Court of Appeals elections non-partisan starting with the 2004 elections, but later made them partisan again after the 2016 elections. Current judges There are currently 11 Republicans and 4 Democrats. Notes: Former judges A partial list of former judges is listed below:,Older Link for N.C. Supreme Court Historical Society * Lucy Inman * Darren Jackson * Christopher Brook * Wanda Bryant * Linda McGee * Reu ...
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North Carolina Superior Court
The Superior Court is North Carolina's general jurisdiction trial court. It was established in 1777 and is North Carolina's oldest court. Jurisdiction and administration The Superior Court is the trial court of general jurisdiction in North Carolina. It hears all felony cases and certain misdemeanor cases. In civil matters, superior courts have original jurisdiction over civil disputes with an amount in controversy exceeding $25,000. (This amount was formerly $10,000, but this jurisdictional amount was increased effective August 1, 2013). The superior court also adjudicates appeals from administrative agencies, and appeals of misdemeanor cases from the North Carolina District Courts. The Superior Courts are divided into 8 divisions and further into 50 districts. There are 97 regular Superior Court judges under current state law, in addition to "special judges" who are appointed by the Governor, not elected. Judges rotate from district to district within their division every six m ...
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