Attorney Carson J. Tucker, Counsel of Record for nearly 70 Current and Former State Legislators from Kansas, Michigan, Oklahoma, South Dakota, Tennessee and Texas has submitted an amicus curiae brief in the case of Sharonell Fulton, et al. v. City of Philadelphia, Case No. 19-123. The case has garnered national attention as it relates to [...]
Category: First Amendment
COVID19 – Legal Opinion Letter Prepared for County Sheriffs in Michigan Addressing Potential Civil Liabilities for Enforcing Orders that Violate Fundamental Constitutional Rights Under Federal and State Law
Constitutional Rights Cannot Be Quarantined! We have consulted municipal insurers, governmental entities and law enforcement agencies on several aspects of potential liabilities arising from enforcement of executive orders issued in response to the COVID-19 pandemic. Below is our letter addressing potential civil liability for law enforcement and prosecutors under state and federal law. https://lexforipllc.com/wp-content/uploads/2020/05/Final-Letter-and-Memo-re-Constitutional-Violations-by-Enforcement-of-Executive-Orders-Re-COVID-19.pdf Click [...]
Supreme Court Asked to Consider Court of Appeals’ Decision to Keep Anonymous Bloggers Identities Secret in Defamation Suit
In Ghanam v. John Does et al. the Michigan Court of Appeals reversed a trial court's decision to allow the deposition of a fact witness in a defamation suit filed against ostensibly anonymous commentators on an internet-based public forum. Last week, I filed an application for leave to appeal in the Michigan Supreme Court in this case [...]
Court of Appeals Rules Michigan Court Rules Adequately Protect Anonymous Defendant’s First Amendment Rights to Free Speech in a Defamation Suit in which Defendant Seeks to Remain Anonymous and Refuses to Judicially Adopt Anti-SLAPP Legislation in Michigan
The Court of Appeals issued an opinion in Thomas M. Cooley Law School v. John Doe 1 today. In this published opinion addressing an issue of first impression in Michigan, the Court of Appeals in a split opinion (2-1) (Whitbeck, J. and Meter, J. in the majority and Beckering, J. in a partial dissent) held the [...]