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The Latest Breaking News from Toby Heytens

South Carolina City's Restriction on Loud "Vulgar" Music Violates First Amendment

From Moshoures v. City of North Myrtle Beach, decided today by Fourth Circuit Judge Toby Heytens, joined by Judges Albert… The post South Carolina City's Restriction on Loud "Vulgar" Music Violates First Amendment appeared first on Reason.com.

Appeals court tries to untangle litigation over pending North Carolina court election

Appeals court tries to untangle litigation over pending North Carolina court election

A federal appeals panel has heard arguments involving a still-unresolved November election for a North Carolina Supreme Court seat

The Independent UK

Appeals court upholds admissions policy at elite Virginia high school

Appeals court upholds admissions policy at elite Virginia high school

A divided federal appeals court has upheld the constitutionality of a new admissions policy at an elite Virginia high school that critics say discriminates against Asian Americans

The Independent UK

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DA says libel case against N. Carolina Attorney General over

A local North Carolina prosecutor says campaign-related charges won’t be pursued further against Attorney General Josh Stein or his aides in light of a federal appeals court ruling this week

The Independent UK

Appeals court backs North Carolina AG Stein on libel law

A federal appeals court has sided again with North Carolina’s attorney general in a lawsuit involving a libel law that a district attorney sought to use to attempt to prosecute Josh Stein over a 2020 campaign commercial

The Independent UK

N.C. Election Criminal Libel Statute Enjoined Pending Appeal

From yesterday's decision in Grimmett v. Freeman, entered by Judge Toby Heytens, joined by Judge Albert Diaz: In 2020, Josh Stein and Jim O'Neill were engaged in a heated campaign to serve as attorney general of North Carolina. The Stein campaign ran an advertisement the O'Neill campaign believes was false.…

Blow to Madison Cawthorn as appeals court reverses ‘insurrectionist’ ruling

People who take part in insurrections against US government can be barred from office and 1872 act does not apply retroactively, court rules

The Guardian - US

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Fourth Circuit Opinion on the Madison Cawthorn Disqualification Litigation

From Cawthorn v. Amalfi, decided today by the Fourth Circuit (Judge Toby Heytens, joined by Judge James Wynn): {In January 2022, shortly after the North Carolina state legislature redrew its congressional districts, a group of voters in Representative Madison Cawthorn's district filed such a challenge. According to the voters, Representative…

After Cawthorn's loss, candidate challenge ruling reversed

After Cawthorn's loss, candidate challenge ruling reversed

Days after U.S. Rep. Madison Cawthorn lost his primary race, a federal appeals court has overturned a judge’s decision that blocked an elections board from examining whether he should be disqualified

The Independent UK

Appeals court says 1872 amnesty law can’t be applied to pro-Trump insurrectionists

Appeals court says 1872 amnesty law can’t be applied to pro-Trump insurrectionists

‘Having specifically decided to withhold amnesty from the actual Jefferson Davis, the notion that the 1872 Congress simultaneously deemed any future Davis worthy of categorical advance forgiveness seems quite a stretch’

The Independent UK

Court mulls ruling that blocked NC Rep. Cawthorn challenge

A federal appeals court has heard arguments over a lower court's decision to block a challenge of North Carolina Rep. Madison Cawthorn’s candidacy this year by voters who cited a section of the Constitution addressing insurrection

The Independent UK

Fourth Circuit Stays Trial Court Ruling Against Racial Balancing Policy Discriminating Against Asian Applicants to Prominent Virginia Public School

Fourth Circuit Stays Trial Court Ruling Against Racial Balancing Policy Discriminating Against Asian Applicants to Prominent Virginia Public School

The stay may signal that the federal appellate court will ultimately uphold the school's policy.

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