Eleventh Circuit Rejects Constitutional Challenge to Brookhaven Ordinance Regulating “Sexually Oriented Businesses”
Posted on Aug 14, 2018 in Constitutional Law | Comments Off on Eleventh Circuit Rejects Constitutional Challenge to Brookhaven Ordinance Regulating “Sexually Oriented Businesses”
In 2013, the City of Brookhaven enacted its code to “regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City.” The new code did not ban establishments that “regularly...
Government Official Entitled to Qualified Immunity—No Clearly Established First Amendment Violation in Not Promoting Employee Based on Father’s Speech
Posted on Sep 23, 2017 in Employment Law and Employee Benefits | Comments Off on Government Official Entitled to Qualified Immunity—No Clearly Established First Amendment Violation in Not Promoting Employee Based on Father’s Speech
In last term’s decision in White v. Pauly, the Supreme Court observed that it has “issued a number of opinions reversing federal courts in qualified immunity cases” in recent years. 137 S. Ct. 548, 551 (2017). In other words, lower courts have been too quick to conclude that challenged conduct violates “clearly established federal statutory or constitutional rights” (and therefore is...