General
Prior Restraint of Speech – First Amendment Violations
RIGHT TO BE FREE FROM PRIOR RESTRAINT AND CENSORSHIP IN VIRGINIA You Can Help Defray the Legal Fees of Cox and Karn – To Help In This Battle The law firm of Thomas H. Roberts & Associates, P.C., an affiliate law firm of Freedom Works Foundation, is proud to stand against prior restraints and censorship [...]
Summary of the law of non-competition in Virginia
Non-competition Agreements in Virginia An employee’s duty to his employer not to compete arises out of his relationship to his employer. Restatement (Second) of Agency § 393 (1958). Thus, upon the termination of the relationship, the employee may compete with his employer unless a valid non-compete agreement prohibits such conduct. See Hilb, Rogal & Hamilton [...]
Summary of Virginia’s Freedom of Information Act (“FOIA”)
Summary of Virginia’s Freedom of Information Act (“FOIA”) The Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.) is a powerful tool for both citizens of the Commonwealth and for their attorneys, especially in lawsuits involving the state. (The Federal Government and other states have their own versions of FOIA). This Act is [...]
Innocent Child Photographs and the Law
Innocent Child Photographs and the Law Facts Billy, a minor child, using a disposable camera, took a number of photographs that one would expect from a 8 year old. Among the many childish photographs, Billy, took 2 or 3 photographs of his older sister Susie, age 11, capturing her [...]
Summary of unemployment law in Virginia: I was fired, am I entitled to Unemployment Benefits in Virginia?
Summary of unemployment law in Virginia: I was fired, am I entitled to Unemployment Benefits in Virginia? Unemployment Benefits are provided by the legislature under specified conditions. The statutory provisions are found in Title 60.2 of the Code of Virginia. Beginning at § 60.2-100. The court in Francis v. Va. Empl. Comm’n, 59 Va. App. [...]
11th Amendment Immunity – Federal Suits
Generally speaking states are immune from being sued in federal court. Practice tip: Sue in state court. The 11th Amendment to the United States Constitution states “The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States [...]
Public School and Physicals
Public School and Physicals Facts Question: Can Public Schools Require Physical Examinations (More than Drug Testing) as a Condition of Participation In School Athletics? Answer: Probably Not. (But as a practical matter – is this the parents’ fight at the expense of the child. Only a parent can make that determination.) The Constitution The Fourteenth Amendment [...]
Virginia Contract Law – “Act of God”
Virginia Contract Law – “Act of God” Q: What is meant in the contract by an “act of God” ?First, persons of faith that believe that God controls everything in every aspect of our lives should not be offended. The inclusion of such a contractual term is actually a recognition of God and the [...]
Freedom Works
January 9, 2013 Tom Roberts, Esq. Civil Rights, Commentary, Freedom of Speech and Press, General, Religious Freedom
Freedom Works Commentary by Thomas H. Roberts, Esq. Founder of Freedom Works Foundation The United States of America was founded upon the ideal of Freedom. What is the origin of Freedom? Adopted unanimously by the thirteen colonies July 4, 1776, the founders of this country declared: “We hold these truths to be self-evident, that all men [...]