Establishment Clause claims under the First Amendment are very rare. At least at the time of this writing, however, they are somewhat more in the limelight because of so-called “stay-at-home” orders imposed by governments as a result of the COVID-19 pandemic. Litigants are, where appropriate, able to bring a civil damages claim under 42 U.S.C….
Legal Articles
Right to Publicity, Misappropriation of Name
Missouri recognizes an individual’s ability to sue for either violating one’s right to publicity or misappropriating one’s name. A misappropriation of name lawsuit protects the “interest of the individual in the exclusive use of his own identity, in s far as it is represented by his name or likeness, and in so far as the…
Establishment Clause: Church & State
The so-called separation of Church and State is a hot topic issue that inevitably results in differing opinions. But what does the U.S. Constitution actually say on the issue? The First Amendment provides, in part, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The bold provision is…
Defamation: Slander; Injurious Falsehood
Slander is spoken defamation. Slander occurs when one’s spoken word reflect adversely upon another person’s integrity, character, good name or standing in the community. With slander cases, the plaintiff/claimant has to, more than anything, prove that the slanderous statements damaged his/her reputation. There are four (4) core requirements to slander: the (a) statement identifies the…
Free Speech Under The First Amendment
The Freedom of Speech is one of the bedrock principles of our Country. It comes up all the time in news stories, every day conversation and is thrown about by the media constantly. But, from a purely legal standpoint, I find that few people really understand the parameters of Free Speech under the First Amendment….