Trump signing Executive Order 13780

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Tara Leigh Grove

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The Frailty of Disability Rights

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Jasmine E. Harris

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The doctrine that carves out “true threats” from First Amendment protection has been unclear, in its scope and operation, since the exception was first recognized more than half a century ago. This category of unprotected speech was recognized by the Supreme Court in 1961, in a decision that identified “true threats” as distinct from other, protected, potentially threatening speech, but did not articulate a standard which lower courts could apply to distinguish the two. In the fifty years since, the Court has addressed the constitutional bounds of the true threat doctrine only once, clarifying that true threats require some showing of intent.

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Article II, Section 3 of the Constitution is the source of the President’s recommending function, stating that the President “shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient . . . .” Presidents dating back to George Washington have relied on the Recommendations Clause as a positive source of authority to make legislative recommendations to Congress. In an interesting twist, however, recent administrations have also frequently wielded it as a source of negative power to escape statutory requirements to provide information to Congress.

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Nurses

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