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Distinguishing Between Bullying and Protected First Amendment Speech: Lessons Learned from One School's Constitutional Blunder Over Anonymous Sticky Notes
Category: Appellate Law, Education, Litigation
Schools sometimes find themselves needing to walk a fine but complicated line, whereby they curtail bullying but also balance the right to free speech. One recent case illustrates this point. A high school sophomore anonymously posted a sticky note on a bathroom mirror referencing her school’s…
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Arkansas School's Restriction on Student Speech Found "Unreasonable" by Eighth Circuit
Category: Appellate Law, Education, Eighth Circuit Appellate , Litigation
An Arkansas school had an unwritten policy of restricting tabling to registered student organizations and school departments. At least generally, there was no problem with this policy. However, as applied to one particular group, the Eighth Circuit recently held that the policy’s distinction…
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Does McGirt Cede Oklahoma Waters to Native American Tribes?
Category: Arkansas Environmental, Energy, and Water Law, Litigation
On July 9, the U.S. Supreme Court made waves in McGirt v. Oklahoma by overturning a criminal conviction imposed upon a Native American defendant under Oklahoma law. The primary reasons for overturning the conviction were that (i) the defendant had allegedly committed the crime on land Congress had…
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Bankruptcy Courts are Easing Traditionally Rigid Lease Payment Requirements for Commercial Tenants In COVID-Related Filings
Category: Banking, Bankruptcy, Restructuring & Creditor-Debtor Rights, Business, Coronavirus (COVID-19), Litigation
Bankruptcy courts in multiple jurisdictions have granted tenant-friendly relief to companies that have filed for Chapter 11 bankruptcy in recent months. While the Bankruptcy Code typically requires timely performance of lease obligations under 11 U.S.C. § 365, bankruptcy courts have employed…
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Are You Immune? Your Business May Be: Executive Order Protects Businesses from Civil Liability Due to COVID-19 Exposure
Category: Business, Coronavirus (COVID-19), Litigation
In a bit of much needed good news for Arkansas businesses during the current COVID-19 crisis, on June 15, 2020, Governor Asa Hutchinson signed Executive Order 20-33 (the “Order”) which provides businesses immunity from civil liability as a result of exposure to COVID-19. The threat of litigation…
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The Between the Lines blog is made available by Mitchell Williams Law Firm and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.