A court of appeals recently upheld a lower court’s dismissal of a challenge based in the right of private association expressed in the 1959 landmark decision NAACP v. Alabama. The ruling has a disproportionate effect on conservatives associating with nonprofit causes that shun taxpayer financing.
Mark J. Fitzgibbons, Esq. is an attorney and co-author with Richard Viguerie of "The Law That Governs Government."
March 8, 2018, 10:59 AM EST
December 1, 2017, 10:32 AM EST
The Supreme Court has now heard oral arguments in Carpenter v. United States, a case that may determine some much-anticipated boundaries and explanation of the Fourth Amendment’s protection of cell phone data.
October 2, 2017, 12:42 PM EDT
With calls to boycott the National Football League and its sponsors, it is up to team owners to combine their leadership skills, respect for their sport and players, respect for their fans, and their patriotism to fix the mess they’ve allowed to escalate with the pre-game National Anthem being used as a forum for protest.
August 21, 2017, 2:17 PM EDT
A free speech rally this weekend in the Cradle of Liberty, Boston, and planned in July before the Charlottesville, Virginia clashes over Confederate monuments, was cut short by leftwing counter-protesters. This ought to say enough about the sad state of affairs for the rights of free speech and peaceable assembly.
June 13, 2017, 12:32 PM EDT
On June 5, the Supreme Court agreed to hear a case involving Fourth Amendment protections for cell phone records, Carpenter v. U.S.
May 3, 2017, 12:00 PM EDT
They are “judgeless warrants” issued without probable cause.
August 30, 2016, 3:13 PM EDT
Liberal AGs are combining investigatory and prosecutorial powers claiming the secrecy and unaccountability employed by the dreaded and discredited Star Chamber used in England over a century before the American Constitution and Bill of Rights.
June 23, 2016, 10:18 AM EDT
The Fourth Amendment was created for reasons that include protecting First Amendment rights.
April 21, 2016, 3:06 PM EDT
With recent brazen attacks on free speech and property rights, certain leftwing state attorneys general are perhaps better called “police-state attorneys general.” While their abuse of power to investigate conservative speech to silence it is applauded by their comrades on the left, they are likely to spawn a cottage industry of aggressive conservative litigators specializing in what are called Section 1983 lawsuits.
April 5, 2016, 11:29 AM EDT
The slogan “Make America Great Again” has populist appeal to those who are fed up with how the Washington establishment have turned their back on the American people and their ideals.
March 24, 2016, 9:59 AM EDT
In an election year in which three of the four main presidential contenders from the two political parties at least purport to be running against the Washington establishment, President Obama has nominated a quintessential political establishment judge for the Supreme Court.
November 16, 2015, 2:35 PM EST
New York’s top law enforcement official, Attorney General Eric Schneiderman, was able to bypass the objective check of either a judge or grand jury to issue an 18-page warrant to Exxon Mobil demanding documents and emails going back to 1977. Such unilaterally issued warrants are commonly called “administrative subpoenas.”
September 14, 2015, 11:58 AM EDT
Nonprofit organizations, whose missions can range from faith-based help for the infirmed, homeless and abused, to holding politicians, government and even the news media accountable, are an essential part of citizen-based, nongovernmental democracy.
July 31, 2015, 10:21 AM EDT
So-called email privacy bills moving towards bipartisan passage in Congress encourage bureaucrats to get and read our emails without a warrant signed by a judge.
July 7, 2015, 10:00 AM EDT
In his dissenting opinion in Obergefell v. Hodges, Chief Justice John Roberts notes that the Supreme Court’s 5-4 decision mandating the legal right of gay marriage will assuredly create legal conflicts. That’s an understatement.
June 5, 2015, 10:37 AM EDT
The recent debates over the sunset of the bulk collection of Americans’ “metadata” under the PATRIOT Act and other government searches and seizures provide valuable lessons if we are preserve the integrity of the Fourth Amendment.
FED’s Mass Data Collecting ‘Third-Party Doctrine’: A Judicial Fiction Unsupported by the Constitution
May 28, 2015, 3:20 PM EDT
The American Revolution was given birth after English search and seizure of the privately owned records and other property of merchants, which by its very nature included customer “data.” That issue is at center of an important national debate today.
May 11, 2015, 5:01 PM EDT
Police risk their lives each day to keep us safe by enforcing laws under sometimes dangerous circumstances. They deserve our respect and thanks, and our prayers for their safety.
April 9, 2015, 12:06 PM EDT
Lawless and lawbreaking uses of warrants called “administrative subpoenas” by government officials aren’t always as flagrantly devious as a recent Drug Enforcement Agency case involving the digital currency Bitcoin. Nevertheless, government agency warrants not issued by judges foster plenty of abuses under color, and in violation, of the law.
March 23, 2015, 12:05 PM EDT
There is a fierce and sometimes bitter debate among conservatives over an Article V convention of the states to amend the Constitution. Both sides have worthy arguments.