Speech Integral to Criminal Conduct
The First Amendment permits criminal punishment for speech only when it falls within an established exception. True threats, incitement to violence, obscenity, and fighting words are among the categories of […]
July 11, 2023
Case Summaries – U.S. Supreme Court (June 23 & 27, 2023)
In her concurring opinion in Samia v. United States, No. 22-196, 2023 WL 4139001 (U.S. June 23, 2023), Justice Barrett makes a startling admission: “[W]hy not simply say that the […]
February 27, 2023
Fourth Circuit Rules that the First Amendment May Protect a Vehicle Occupant’s Right to Livestream a Traffic Stop
Several years ago, two officers working for the Winterville Police Department stopped a car for a traffic violation. Dijon Sharpe was a passenger in the vehicle. Sharpe had some prior […]
August 8, 2022
Does the First Amendment Protect a Right to Verbally Abuse the Police?
Editor’s note: This post contains vulgar language that isn’t suitable for children and quite possibly many adults. If you’re an email subscriber, your spam filter probably won’t like it, either. […]
May 26, 2022
Disturbing Behavior, Harassment and Threats to Public Employees
Editor’s Note: This post has been updated in response to helpful feedback from a reader. A few weeks ago, my colleague Jill Moore asked me to participate in a recorded […]
February 25, 2021
State v. Humphreys and RDO
Last week, the SOG offered a criminal law update featuring various members of the criminal law faculty. If you missed it and are interested viewing the recording, the webinar should […]
March 21, 2019
Court Vacates Stalking Convictions on First Amendment Grounds
Yesterday the court of appeals vacated Brady Lorenzo Shackelford’s convictions for felony stalking on the basis that the prosecution of Shackelford for violating G.S. 14-277.3A impermissibly infringed upon his constitutional […]
November 2, 2017
Evaluating the Sincerity of an Inmate’s Religious Beliefs
Inmates do not forfeit the right to practice their religious faith while they are incarcerated. But of course that right is not unlimited. Officers can impose certain restrictions when an […]
January 30, 2017
Criminal Law and Protests
Protests are breaking out all over. This weekend, protesters gathered at RDU to oppose President Trump’s travel ban. Last weekend, participants in Women’s Marches took to the streets of Washington […]
June 13, 2016
Cyberbullying Statute Struck Down
Last week, the state supreme court unanimously ruled that a provision of North Carolina’s cyberbullying statute, G.S. 14-458.1, “violates the First Amendment.” The case is State v. Bishop, and the […]
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