Fourth Circuit Court of Appeals Archives

Lawsuit Against Virginia Tech Bias Response Team May Land Before Supreme Court

June 24, 2023June 23, 2023 Admin

A recent federal court ruling siding with Virginia Tech’s bias response team has prompted center-right watchdogs to call for the U.S. Supreme Court to take up the case to protect free speech in higher education.

The controversy centers on a 2021 complaint from Speech First, a nonprofit committed to safeguarding freedom of speech on college campuses, which argued Virginia Tech’s Bias Intervention and Response Team policies and procedures infringe on students’ ability to speak freely about controversial issues.

Amid Lawsuit, Judge Voices Criticism of Virginia Tech Policies That Limit Student Speech

November 15, 2022November 14, 2022 Admin

A case winding its way through the court system appears to have gained strong support from at least one judge on a three-judge panel.

When the Fourth Circuit Court of Appeals in Richmond, Virginia, heard oral arguments Oct. 25 in a case challenging Virginia Tech’s speech policies, Reagan-appointed U.S. Circuit Judge J. Harvie Wilkinson III heavily criticized the university’s procedures and found the complaint raised several “First Amendment red flags,” Courthouse News Service reported.

Hanover County School Board Passes Transgender Policy Crafted with Help from Conservative Legal Group

September 1, 2022September 1, 2022 Eric Burk

The Hanover County School Board passed a transgender policy crafted with help from conservative legal group the Alliance Defense Fund. The policy includes an extensive process for transgender students to request access to their preferred bathroom, including allowing the board to request the student’s criminal history documents.

Federal Appeals Court Upholds Dismissal of Virginia Lieutenant Governor Fairfax’s Defamation Lawsuit

June 25, 2021June 24, 2021 Eric Burk

The U.S. Court of Appeals for the Fourth Circuit Court upheld the dismissal of Lieutenant Governor Justin Fairfax’s defamation lawsuit against CBS. The court said that Fairfax had failed to make the case that CBS’ actions were defamatory under heightened requirements of proof for public officials.

“Fairfax’s complaint fails to plausibly allege that CBS made the allegedly defamatory statements with knowledge or reckless disregard of their falsity, as required to state a claim for defamation of a public official,” the June 23 decision states.

Fourth Circuit Court of Appeals Hears Lieutenant Governor Fairfax’s Defamation Lawsuit

March 13, 2021March 12, 2021 Eric Burk

The Fourth Circuit Court of Appeals heard Lieutenant Governor Justin Fairfax’s defamation suit against CBS on Thursday. In 2019, Fairfax sued CBS for defamation after CBS This Morning aired interviews with two women who alleged Fairfax sexually assaulted them in separate incidents in the early and mid 2000s. Fairfax has emphasized that the encounters were consensual.

Same-Sex Marriage Prohibition Repeal Moves Through Virginia House and Senate With Bi-Partisan Support

February 8, 2021February 7, 2021 Eric Burk

Bills to repeal Virginia’s same-sex marriage prohibition have passed in both legislative chambers with bi-partisan support this week. HJ 582, introduced by Delegate Mark Sickles (D-Franconia) and SJ 270, introduced by Senator Adam Ebbin (D-Alexandria) seek to amend language in the state constitution passed in 2006 saying that marriage is between one man and one woman.

“For several years now, I have introduced this resolution because I know millions of people want to either take back their vote that they made in 2006 or they weren’t old enough to vote in 2006 and want to weigh in on this,” Sickles said in subcommittee.

Court Declines to Block Construction of Mountain Valley Pipeline

November 21, 2020November 20, 2020 Eric Burk

The Fourth U.S. Circuit Court of Appeals declined to stay a Biological Opinion, a type of permit, from the U.S. Fish and Wildlife Service for the Mountain Valley Pipeline (MVP), according to Reuters. The Wednesday decision allows construction of the 303 mile natural gas pipeline to go forward while the courts consider the merits of other legal challenges to the pipeline.