Search results

  1. njdiver

    Figures of Speech First Amendment Heroes And Villains

    Figures of Speech First Amendment Heroes And Villains Recounting controversial First Amendment cases from the Red Scare era to Citizens United, William Bennett Turner—a Berkeley law professor who has argued three cases before the Supreme Court—shows how we’ve arrived at our contemporary...
  2. njdiver

    Liberty's Refuge: The Forgotten Freedom of Assembly

    Liberty's Refuge: The Forgotten Freedom of Assembly This is the introductory chapter from my book, Liberty's Refuge. From the publisher: "This original and provocative book looks at an important constitutional freedom that today is largely forgotten: the right of assembly. While this right lay...
  3. njdiver

    Speech Out of Doors PRESERVING FIRST AMENDMENT LIBERTIES IN PUBLIC PLACES

    Speech Out of Doors PRESERVING FIRST AMENDMENT LIBERTIES IN PUBLIC PLACES Even in an age characterized by increasing virtual presence and communication, speakers still need physical places in which to exercise First Amendment liberties. This book examines the critical intersection of public...
  4. njdiver

    Probable Cause and Reasonable Suspicion - policemag.com

    Probable Cause and Reasonable Suspicion - policemag.com Some actions you take have been classified by Supreme Court decisions as requiring that you articulate a "reasonable suspicion" in order to make them constitutionally reasonable, while others can be undertaken only if there is "probable...
  5. njdiver

    What is the difference between probable cause and reasonable suspicion?

    What is the difference between probable cause and reasonable suspicion? Reasonable suspicion, sometimes called reasonable and articulable suspicion (RAS), is necessary for a police officer to make an investigative detention or “Terry stop.” Probable cause is the belief of a reasonable person...
  6. njdiver

    Lies, True Lies, and Conscious Deception

    Lies, True Lies, and Conscious Deception Police officers often tell lies; they act in ways that are deceptive, they manipulative people and situations, they coerce citizens, and are dishonest. They are taught, encouraged, and often rewarded for their deceptive practices. Officers often lie to...
  7. njdiver

    Policing the Police: Freedom of the Press, the Right to Privacy, and Civilian Recordings of Police Activity

    Policing the Police: Freedom of the Press, the Right to Privacy, and Civilian Recordings of Police Activity In recent years, the proliferation of miniature recording devices and free video-sharing websites has led to a dramatic increase in citizen journalism. The effect of this development is...
  8. njdiver

    WHO WILL WATCH THE WATCHMEN?: CITIZENS RECORDING POLICE CONDUCT

    WHO WILL WATCH THE WATCHMEN?: CITIZENS RECORDING POLICE CONDUCT Ordinary citizens are being arrested and prosecuted for recording police conduct in several states. These arrests are being made pursuant to state wiretapping statutes that prohibit the recording of any communication without the...
  9. njdiver

    Know Your Rights A guide to the United States Constitution

    Know Your Rights A guide to the United States Constitution For more than 200 years, the Constitution of the United States has been a “working” document, maintaining the original principles upon which our nation was founded while, at the same time, changing with the country, as reflected in its...
  10. njdiver

    Freedom of Speech and Press: Exceptions to the First Amendment

    Freedom of Speech and Press: Exceptions to the First Amendment This report provides an overview of the major exceptions to the First Amendment--of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for...
  11. njdiver

    Watching the Watchmen How Videos of Police-Citizen Encounters Influence

    Watching the Watchmen How Videos of Police-Citizen Encounters Influence Recently, there has been an upsurge in highly publicized negative police-citizen encounters, contributing to the current crisis in police legitimacy. These encounters, mostly filmed and disseminated by citizens, provide a...
  12. njdiver

    Worth a Thousand Words Examining Officer Interference With Civilian Recordings of Police

    Worth a Thousand Words Examining Officer Interference With Civilian Recordings of Police reviews complaints filed against members of the New York City Police Department (NYPD), and is among the first analyses in the country of this type of misconduct...
  13. njdiver

    ARE COPS CONSTITUTIONAL?

    ARE COPS CONSTITUTIONAL? Police work is often lionized by jurists and scholars who claim to employ "textualist" and "originalist" methods of constitutional interpretation. Yet professional police were unknown to the United States in 1789, and first appeared in America almost a half-century...
  14. njdiver

    Police Have No Duty To Protect Individuals

    Police Have No Duty To Protect Individuals All our lives, especially during our younger years, we hear that the police are there to protect us. From the very first kindergarten- class visit of "Officer Friendly" to the very last time we saw a police car - most of which have "To Protect and...
  15. njdiver

    DOES QUALIFIED IMMUNITY MATTER?

    DOES QUALIFIED IMMUNITY MATTER? In litigation brought pursuant to Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971), most commentators agree that qualified immunity plays a substantial role in limiting plaintiffs’ ability to recover compensation. Many find...
  16. njdiver

    A Right to Record: An Analysis of the Legal Issues Surrounding Cell Phone Videos of Police Violence

    A Right to Record: An Analysis of the Legal Issues Surrounding Cell Phone Videos of Police Violence Smartphones have become ubiquitous in modern society, increasing the likelihood of being caught on camera. On July 17th, 2014, a cell phone video of Staten Island police officers wrongfully...
  17. njdiver

    First Amendment Fora Revisited: How Many Categories Are There?

    First Amendment Fora Revisited: How Many Categories Are There? In 2009, I published an article which focused on the remarkable lack of clarity surrounding the term “limited public forum” in the law of freedom of speech...
  18. njdiver

    Filarsky v. Delia, 132 S. Ct. 1657 - Supreme Court 2012

    njdiver submitted a new resource: Filarsky v. Delia, 132 S. Ct. 1657 - Supreme Court 2012 - Qualified Immunity Read more about this resource...
  19. njdiver

    Harlow v. Fitzgerald, 457 US 800 - Supreme Court 1982

    njdiver submitted a new resource: Harlow v. Fitzgerald, 457 US 800 - Supreme Court 1982 - Qualified Immunity Read more about this resource...
  20. njdiver

    Monroe v. Pape, 365 US 167 - Supreme Court 1961

    njdiver submitted a new resource: Monroe v. Pape, 365 US 167 - Supreme Court 1961 - Qualfied Immunity Read more about this resource...

Members online

No members online now.
Total: 42 (members: 0, guests: 42)

Forum statistics

Threads
3,575
Messages
7,346
Members
687
Latest member
Donaldecodo

New Threads

Top