Category: First Amendment

Free Speech and the 2020 Election

Posted Tom Roberts, Esq.Posted in Civil Rights, Commentary, First Amendment, Freedom of Speech and Press, General

Disturbing Trend To Silence Lawful Speech The New Left frequent and continuing attempts to silence speech is disturbing. This trend is rampant in Universities, on the streets, but is now in Congress. Irrespective of the outcome of the Constitutional and legal principles raised in the Texas Election petition to United State Supreme Court, to suggest […]

THIS HAS TO STOP! – police brutality – Class Action filed against Richmond Police officers.

Posted Tom Roberts, Esq.Posted in Assault & Battery, Civil Rights, Commentary, Excessive Force, First Amendment, Fourth Amendment, Freedom of Speech and Press, General, Litigation

CIVIL RIGHTS CLAIMS – PEACEFUL PROTESTORS FROM JUNE 1, 2020 LEE MONUMENT POLICE ENCOUNTER DISCLOSURE: The civil rights law firm of Thomas H. Roberts & Associates, PC settled the 1st round of civil rights suits by peaceful protestors in Federal and State Court. (Blackwood Plaintiffs in Federal Court and Arthur in State Court) The law […]

What are the elements of a “bad faith” claim against an insurance company?

Posted Tom Roberts, Esq.Posted in Assault & Battery, Civil Rights, Contract Law, False Imprisonment, First Amendment, General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Sexual Assault, Wrongful Death

If an insurance company intentionally disregards the financial interests of their insured and fails to settle a claim within the policy limits resulting in a judgment exceeding those policy limits then it may be liable for the excess judgment under Virginia law.   Given the risks, complexities and costs of litigation, it may be appropriate […]

2-5-2020 – Law Enforcement Officer Cannot Lawfully Retaliate For First Amendment Speech By Attempting to Induce Another Officer To Issue a Traffic Citation

Posted Tom Roberts, Esq.Posted in Civil Rights, First Amendment, Freedom of Speech and Press, General

2-5-2020 – The law firm of Thomas H. Roberts & Associates, PC. achieved another victory for the First Amendment with a federal opinion establishing that a law enforcement officer cannot lawfully retaliate against a citizen for criticisms and Facebook posts by attempting to induce another officer to issue a traffic citation.   In a decision […]

Injunction by Gun Owners of America likely to Fail

Posted Tom Roberts, Esq.Posted in Civil Rights, Commentary, First Amendment, General

1 (Photo by Cary Drane – 2020 Lobby Day in Virginia – (c) 2020 – Cary Drane)   Unfortunately, it is our opinion that the current attempt to enjoin Governor Northam’s unconstitutional restraint of 1st Amendment speech and the 2nd Amendment right to bear arms will fail because Gun Owners of America, Inc. and the other plaintiffs […]

Defamation Republication on the Internet

Posted Tom Roberts, Esq.Posted in Defamation, First Amendment, General, Libel & Slander, Litigation

When is a statement “republished” on the internet or in social media, so as to constitute a new cause of action for defamation restarting the statute of limitations? A:  Republication occurs when (1) the original publication was modified; or (2) the republication was directed to a new, different audience not merely though a link and […]

January 23, 2018 – Another Free Speech Victory

Posted Tom Roberts, Esq.Posted in Civil Rights, First Amendment, Freedom of Speech and Press, Libel & Slander, Litigation

“…I shall obey the laws of the United States of America and of the Commonwealth of Virginia, and shall support and defend their constitutions against all enemies whomsoever, foreign and domestic….” – Virginia State Police Trooper’s Pledge. Nathan Cox’s nightmare is finally over. The Virginia Supreme Court rejected the appeal petition of Trooper Melanie H. […]

1st Amendment – ANOTHER BLISTERING CRITICISM OF PETERSBURG GOVERNMENT BY THE COURTS TODAY WITH AN OPINION BY THE 4TH CIRCUIT STRIKING DOWN PETERSBURG POLICE DEPARTMENT BAN ON SOCIAL MEDIA CRITICISM OF THE DEPARTMENT

Posted Tom Roberts, Esq.Posted in Civil Rights, Employment Law, First Amendment, Freedom of Speech and Press, Litigation

12-15-2016– THE US COURT OF APPEALS FOR THE 4th CIRCUIT REMOVES WHAT IT DESCRIBED AS A “VIRTUAL BLANKET PROHIBITION ON ALL SPEECH CRITICAL OF THE GOVERNMENT EMPLOYER” BY STRIKING DOWN PETERSBURG POLICE DEPARTMENT’S BAN ON SOCIAL MEDIA CRITICISM OF THE DEPARTMENT. In a sharply worded opinion issued on 12-15-2016, the Fourth Circuit Court of Appeals declared […]

Beth Sloan’s Letter re: Religious Liberty in Powhatan – 11/22/1999

Posted Tom Roberts, Esq.Posted in Civil Rights, First Amendment, Freedom of Speech and Press, Litigation, Religious Freedom

Beth’s Letter November 22, 1999   To Whom It May Concern,   I have recently been in the news because of the lawsuit I brought against my principal, Mr. Rick Cole. Many things have been said about Fellowship of Christian Athletes that are not true some of which the media reported. Let me tell what […]