Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
8 Alabama opinions name it 3 courts 1987–2015 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Abyssinia Missionary Baptist Church v. Nixongreen2 sentences2015However, there is jurisdiction to resolve questions of civil or property rights, Williams v. Jones, 258 Ala. 59 , 61 So.2d 101 (1952).’” 103 So.3d at 53 (quoting Abyssinia Missionary Baptist Church v. Nixon, 340 So.2d 746, 748 (Ala.1976)). 2015However, there is jurisdiction to resolve questions of civil or property rights, Williams v. Jones, 258 Ala. 59 , 61 So.2d 101 (1952).’” 103 So.3d at 53 (quoting Abyssinia Missionary Baptist Church v. Nixon, 340 So.2d 746, 748 (Ala.1976)). | 1 | 1 |
Higgs v. Bolegreen2 sentences2015Ex parte Bole, [ 103 So.3d 40, 50 (Ala.2012)].” In Ex parte Bole, 103 So.3d 40 (Ala.2012), this Court set out the standard for determining whether, under the Free Exercise Clause of the First Amendment, A state court has jurisdiction over a church dispute: “With regard to a state court’s jurisdiction over a church in the face of a First Amendment challenge, this Court has stated: ‘“As is the casé'with all churches, the courts will hot assume jurisdiction, in fact has none, to resolve disputes regarding their spiritual or ecclesiastical affairs. 2015Ex parte Bole, [ 103 So.3d 40, 50 (Ala.2012)].” In Ex parte Bole, 103 So.3d 40 (Ala.2012), this Court set out the standard for determining whether, under the Free Exercise Clause of the First Amendment, A state court has jurisdiction over a church dispute: “With regard to a state court’s jurisdiction over a church in the face of a First Amendment challenge, this Court has stated: ‘“As is the casé'with all churches, the courts will hot assume jurisdiction, in fact has none, to resolve disputes regarding their spiritual or ecclesiastical affairs. | 1 | 1 |
Edward Brochu v. City of Riviera Beachgreen2 sentences2013Assuming, without deciding, that Hancock sufficiently raised the First Amendment issue in her complaint, the trial court had to determine “ ‘the threshold legal question of whether the employee’s speech may be “fairly characterized as constituting speech on a matter of public concern.” ’ ” Ford v. Jefferson Cnty., 904 So.2d 300, 307 (Ala.Civ.App.2004) (quoting Brochu v. City of Riviera Beach, 304 F.3d 1144, 1157 (11th Cir.2002), quoting in turn Rankin v. McPherson, 483 U.S. 378, 384 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987), quoting in turn Connick v. Myers, 461 U.S. 138, 146 , 103 S.Ct. 1684 , 2013Whether certain statements may be fairly characterized as speech constituting a matter of public concern ‘“involves an examination of the content, form, and context of the speech.’ ” Ford, 904 So.2d at 307 (quoting Brochu, 304 F.3d at 1157 , citing in turn Rankin, 483 U.S. at 384-85 . | 1 | 1 |
Ford v. Jefferson Countygreen2 sentences2013Assuming, without deciding, that Hancock sufficiently raised the First Amendment issue in her complaint, the trial court had to determine “ ‘the threshold legal question of whether the employee’s speech may be “fairly characterized as constituting speech on a matter of public concern.” ’ ” Ford v. Jefferson Cnty., 904 So.2d 300, 307 (Ala.Civ.App.2004) (quoting Brochu v. City of Riviera Beach, 304 F.3d 1144, 1157 (11th Cir.2002), quoting in turn Rankin v. McPherson, 483 U.S. 378, 384 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987), quoting in turn Connick v. Myers, 461 U.S. 138, 146 , 103 S.Ct. 1684 , 2013Whether certain statements may be fairly characterized as speech constituting a matter of public concern ‘“involves an examination of the content, form, and context of the speech.’ ” Ford, 904 So.2d at 307 (quoting Brochu, 304 F.3d at 1157 , citing in turn Rankin, 483 U.S. at 384-85 . | 1 | 1 |
Nelson v. Lapeyrouse Grain Corp.green1 sentence2012Co., 904 So.2d 221 , 225 (Ala.2004) (quoting Delta Health Group, Inc. v. Stafford, 887 So.2d 887, 895 (Ala.2004), quoting in turn Nelson v. Lapeyrouse Grain Corp., 534 So.2d 1085, 1091 (Ala.1988) (emphasis added)). | 1 | 1 |
Ralph L. Minker v. Baltimore Annual Conference of United Methodist Church and Bishop Joseph A. Yeakelgreen1 sentence2012We do not address various claims that could be brought by a minister against his or her church.’); see also Minker v. Baltimore Annual Conference, supra, 894 F.2d at 1360-61 (plaintiffs contract claim against church not automatically barred by the First Amendment where claim could potentially be addressed without analysis of church doctrine); Moses v. Diocese of Colo., 863 P.2d 310, 320-21 (Colo.1993) (claim of negligent hiring of a minister is actionable because it does not require interpretation or weighing of religious belief). | 1 | 1 |
Marshall v. Munrogreen1 sentence2012No. 02-73200, Mar. 11, 2005) [ (not reported in F.Supp.2d) ], and Marshall v. Munro, 845 P.2d 424, 428 (Alaska 1993), in which the courts concluded that the First Amendment did not bar a defamation claim in the ministerial discharge context because the claim could be separated from the actual ministerial termination, are distinguishable. | 1 | 1 |
Moses v. Diocese of Coloradogreen1 sentence2012We do not address various claims that could be brought by a minister against his or her church.’); see also Minker v. Baltimore Annual Conference, supra, 894 F.2d at 1360-61 (plaintiffs contract claim against church not automatically barred by the First Amendment where claim could potentially be addressed without analysis of church doctrine); Moses v. Diocese of Colo., 863 P.2d 310, 320-21 (Colo.1993) (claim of negligent hiring of a minister is actionable because it does not require interpretation or weighing of religious belief). | 1 | 1 |
Delta Health Group, Inc. v. Staffordgreen1 sentence2012Co., 904 So.2d 221 , 225 (Ala.2004) (quoting Delta Health Group, Inc. v. Stafford, 887 So.2d 887, 895 (Ala.2004), quoting in turn Nelson v. Lapeyrouse Grain Corp., 534 So.2d 1085, 1091 (Ala.1988) (emphasis added)). | 1 | 1 |
Planned Parenthood Association/chicago Area, an Illinois Not-For-Profit Corporation v. Chicago Transit Authoritygreen1 sentence2001See Planned Parenthood Ass'n/Chicago Area v. Chicago Transit Authority, 767 F.2d 1225, 1229 (7th Cir.1985) ("However, the presence of a First Amendment issue in a case does not, in and of itself, trigger the rule of independent review of the factual findings of the lower court."); City of Rome v. United States, 446 U.S. 156, 183 , 100 S.Ct. 1548 , 64 L.Ed.2d 119 (1980)(question whether electoral-district structure had discriminatory effect in diluting minority vote is a question of fact subject to "clearly erroneous" standard of review). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
New York Times Co. v. Sullivan
green
2 sentences1987Chronicle Publishing Co. was decided in 1960, well before the current First Amendment analysis was developed by the United States Supreme Court in New York Times Co. v. Sullivan , 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686 (1964), and the cases that followed and built upon *Page 420 New York Times. 1987Chronicle Publishing Co. was decided in 1960, well before the current First Amendment analysis was developed by the United States Supreme Court in New York Times Co. v. Sullivan , 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686 (1964), and the cases that followed and built upon *Page 420 New York Times. | 2 | 1987–1987 |
Williams v. Jones
green
2 sentences2015However, there is jurisdiction to resolve questions of civil or property rights, Williams v. Jones, 258 Ala. 59 , 61 So.2d 101 (1952).’” 103 So.3d at 53 (quoting Abyssinia Missionary Baptist Church v. Nixon, 340 So.2d 746, 748 (Ala.1976)). 2015However, there is jurisdiction to resolve questions of civil or property rights, Williams v. Jones, 258 Ala. 59 , 61 So.2d 101 (1952).’” 103 So.3d at 53 (quoting Abyssinia Missionary Baptist Church v. Nixon, 340 So.2d 746, 748 (Ala.1976)). | 1 | 2015–2015 |
Rankin v. McPherson
green
2 sentences2013Assuming, without deciding, that Hancock sufficiently raised the First Amendment issue in her complaint, the trial court had to determine “ ‘the threshold legal question of whether the employee’s speech may be “fairly characterized as constituting speech on a matter of public concern.” ’ ” Ford v. Jefferson Cnty., 904 So.2d 300, 307 (Ala.Civ.App.2004) (quoting Brochu v. City of Riviera Beach, 304 F.3d 1144, 1157 (11th Cir.2002), quoting in turn Rankin v. McPherson, 483 U.S. 378, 384 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987), quoting in turn Connick v. Myers, 461 U.S. 138, 146 , 103 S.Ct. 1684 , 2013Assuming, without deciding, that Hancock sufficiently raised the First Amendment issue in her complaint, the trial court had to determine “ ‘the threshold legal question of whether the employee’s speech may be “fairly characterized as constituting speech on a matter of public concern.” ’ ” Ford v. Jefferson Cnty., 904 So.2d 300, 307 (Ala.Civ.App.2004) (quoting Brochu v. City of Riviera Beach, 304 F.3d 1144, 1157 (11th Cir.2002), quoting in turn Rankin v. McPherson, 483 U.S. 378, 384 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987), quoting in turn Connick v. Myers, 461 U.S. 138, 146 , 103 S.Ct. 1684 , | 1 | 2013–2013 |
Connick Ex Rel. Parish of Orleans v. Myers
green
2 sentences2013Assuming, without deciding, that Hancock sufficiently raised the First Amendment issue in her complaint, the trial court had to determine “ ‘the threshold legal question of whether the employee’s speech may be “fairly characterized as constituting speech on a matter of public concern.” ’ ” Ford v. Jefferson Cnty., 904 So.2d 300, 307 (Ala.Civ.App.2004) (quoting Brochu v. City of Riviera Beach, 304 F.3d 1144, 1157 (11th Cir.2002), quoting in turn Rankin v. McPherson, 483 U.S. 378, 384 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987), quoting in turn Connick v. Myers, 461 U.S. 138, 146 , 103 S.Ct. 1684 , 2013Assuming, without deciding, that Hancock sufficiently raised the First Amendment issue in her complaint, the trial court had to determine “ ‘the threshold legal question of whether the employee’s speech may be “fairly characterized as constituting speech on a matter of public concern.” ’ ” Ford v. Jefferson Cnty., 904 So.2d 300, 307 (Ala.Civ.App.2004) (quoting Brochu v. City of Riviera Beach, 304 F.3d 1144, 1157 (11th Cir.2002), quoting in turn Rankin v. McPherson, 483 U.S. 378, 384 , 107 S.Ct. 2891 , 97 L.Ed.2d 315 (1987), quoting in turn Connick v. Myers, 461 U.S. 138, 146 , 103 S.Ct. 1684 , | 1 | 2013–2013 |
Farley v. Wisconsin Evangelical Lutheran Synod
green
1 sentence2012The court rejected plaintiffs arguments ‘that resolution of his defamation claim would implicate no concern expressed in the First Amendment because an inquiry into the dispute requires no examination of church procedures or ecclesiastical decisions.’ Id. at 1290 . | 1 | 2012–2012 |
Ex Parte Crawford Broadcasting Co.
green
1 sentence2012Co., 904 So.2d 221 , 225 (Ala.2004) (quoting Delta Health Group, Inc. v. Stafford, 887 So.2d 887, 895 (Ala.2004), quoting in turn Nelson v. Lapeyrouse Grain Corp., 534 So.2d 1085, 1091 (Ala.1988) (emphasis added)). | 1 | 2012–2012 |
New York v. Ferber
green
2 sentences2010In New York v. Ferber, 458 U.S. 747 , 102 S.Ct. 3348 , 73 L.Ed.2d 1113 (1982), the Court modified the Miller test to allow states greater leeway in regulating child pornography. 2010In New York v. Ferber, 458 U.S. 747 , 102 S.Ct. 3348 , 73 L.Ed.2d 1113 (1982), the Court modified the Miller test to allow states greater leeway in regulating child pornography. | 1 | 2010–2010 |
Miller v. California
green
2 sentences2010In Lanham v. State, supra, this Court provided a history of the development of First Amendment doctrine regarding obscenity and child pornography and stated the following when considering whether depictions of child nudity in a videotape constituted protected expression: “In Miller v. California, 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 (1973), the United States Supreme Court established a three-part test for determining whether material is ‘obscene’ and therefore subject to state regulation. 2010In Lanham v. State, supra, this Court provided a history of the development of First Amendment doctrine regarding obscenity and child pornography and stated the following when considering whether depictions of child nudity in a videotape constituted protected expression: “In Miller v. California, 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 (1973), the United States Supreme Court established a three-part test for determining whether material is ‘obscene’ and therefore subject to state regulation. | 1 | 2010–2010 |
City of Rome v. United States
green
2 sentences2001See Planned Parenthood Ass'n/Chicago Area v. Chicago Transit Authority, 767 F.2d 1225, 1229 (7th Cir.1985) ("However, the presence of a First Amendment issue in a case does not, in and of itself, trigger the rule of independent review of the factual findings of the lower court."); City of Rome v. United States, 446 U.S. 156, 183 , 100 S.Ct. 1548 , 64 L.Ed.2d 119 (1980)(question whether electoral-district structure had discriminatory effect in diluting minority vote is a question of fact subject to "clearly erroneous" standard of review). 2001See Planned Parenthood Ass'n/Chicago Area v. Chicago Transit Authority, 767 F.2d 1225, 1229 (7th Cir.1985) ("However, the presence of a First Amendment issue in a case does not, in and of itself, trigger the rule of independent review of the factual findings of the lower court."); City of Rome v. United States, 446 U.S. 156, 183 , 100 S.Ct. 1548 , 64 L.Ed.2d 119 (1980)(question whether electoral-district structure had discriminatory effect in diluting minority vote is a question of fact subject to "clearly erroneous" standard of review). | 1 | 2001–2001 |
Ex Parte Consolidated Pub. Co., Inc.
green
1 sentence1994On March 18, The Birmingham News Company, Inc., publisher of The Birmingham News; The Associated Press; and The Advertiser Company, publisher of The Montgomery Advertiser, filed in this court a petition for writ of mandamus seeking to compel the trial court to open the pretrial proceedings on the contention that the trial court was violating the First Amendment by denying the public and the press access to the pretrial hearings held in chambers. [5] The petition specifically requested that this court direct the trial court to (1) cease conducting closed proceedings without first complying with | 1 | 1994–1994 |
Williams v. Dubose
neutral
1 sentence1994On March 18, The Birmingham News Company, Inc., publisher of The Birmingham News; The Associated Press; and The Advertiser Company, publisher of The Montgomery Advertiser, filed in this court a petition for writ of mandamus seeking to compel the trial court to open the pretrial proceedings on the contention that the trial court was violating the First Amendment by denying the public and the press access to the pretrial hearings held in chambers. [5] The petition specifically requested that this court direct the trial court to (1) cease conducting closed proceedings without first complying with | 1 | 1994–1994 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.