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Supreme Court Delivers Big Decision In First Amendment Case – usanews.net

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“Assuming a credible threat of prosecution, a plaintiff can bring an action to challenge a local law as violating the Constitution and to prevent that law’s future enforcement,” Kagan wrote.

Heck v. Humphrey set a precedent holding that a person can’t sue to overturn a prior conviction. Olivier’s case challenged that precedent.

Kagan said that a lawsuit asking for future help with an activity, like Olivier exercising his First Amendment rights, was valid under the court’s rules

Kagan said that a lawsuit asking for future help with an activity, like Olivier exercising his First Amendment rights, was valid under the court’s rules. She said it was like a prisoner asking for a fairer trial in the future.

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