Skip to Content

Insights & News

Category: Civil Rights and Liberties

PREDICTED: Supreme Court Stays Vaccine Mandate

Civil Rights and LibertiesIn The News By Binnall Law Group - 2022/03/08 at 10:08am

By: Shawn M. Flynn and Jared J. Roberts  In a recent October 2021 Townhall article, Binnall Law Group correctly predicted that the Supreme Court would strike down the Occupational Health and Safety Administration’s (OSHA) vaccine mandate because such a mandate is not within the statutory authority of OSHA. Specifically, the article argued that the Supreme Court should find that “OSHA’s intelligible principle is unconstitutionally broad, and thus their vaccine mandate is invalid and unconstitutional. Even if OSHA’s intelligible principle were legitimate, by mandating vaccines, OSHA would not be acting within the bounds of their intended power.” The article argued that […]

Read More

The Future of the First Amendment and Defamation

Civil Rights and LibertiesIn The News By Binnall Law Group - 2022/01/12 at 12:32pm

By Shawn Flynn The beginning and often the end of the discussion about defamation in the United States has been the landmark Supreme Court decision New York Times v. Sullivan for several decades. But cracks are beginning to show in the bedrock of this once widely esteemed case, and it is time for this case to be retired as it no longer fits society today and lacks any constitutional foundation.  In essence, New York Times v. Sullivan stands for the principle that an action for defamation brought by a public official requires a showing that the statement in question was […]

Read More

New Threat: Paper Wants to Publish Title IX Sex Offender Registery

Civil Rights and LibertiesTitle IX By Binnall Law Group - 2018/07/13 at 01:50pm

The law of “unintended consequences” – the actions of people and government have effects that are unanticipated – may well be on vividly harsh display shortly for Title IX. Among other things, the law requires schools, colleges and universities that receive federal funding to investigate claims of sexual harassment and assault against students. But depending on the outcome of a lawsuit currently on appeal in North Carolina, Title IX might end up being used to create a de facto “sex offenders” list at the University of North Carolina at Chapel Hill despite there being no trials or due process for […]

Read More

civil litigation, civil rights, Student Conduct, Title IX

Many Title IX Officers Trample Students’ Due Process, Other Constitutional Rights

Civil Rights and LibertiesTitle IX By Binnall Law Group - 2018/07/13 at 01:13pm

This is a terrifying yet very real case study in how easily universities and other schools use Title IX to abuse the Constitutional rights of students accused of sexual misconduct including denying due process, the right to confront and question an accuser, and the right against self-incrimination. When former Houston Texan football player Keith Murphy was a student at Michigan State University, a female student he knew accused him of sexually assaulting her. Under Title IX the school was required to investigate or risk losing federal funds. Operating (initially) without an attorney, Murphy voluntarily provided text message evidence of a […]

Read More

civil litigation, civil rights, Student Conduct, Title IX