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Case Citations [1] (July 2021-April 2022)

handle is hein.ali/forthprop0005 and id is 1 raw text is: 





                     PROPERTY 4TH (DRAFTS)



 VOLUME 2. INTERFERENCES WITH, AND LIMITS ON, OWNERSHIP AND POSSESSION

                               DIVISION   I. PROPERTY TORTS

                               CHAPTER   1. TRESPASS TO LAND

                               TOPIC   1. TRESPASS TO LAND

§ 1.1 (Vol. 2) Trespass to Land: Prima Facie Case

C.A.10, 2021. Cit. in diss. op. (citing Volume 2, Division 1, Chapter 1, Topic 1, § 1.1. of T.D. No. 2,
2021). Animal-rights organization and food-safety organizations sued state officials, alleging that certain
state statutes violated the free-speech clause in the First Amendment, because they proscribed entry into
animal facilities by use of false pretenses for the purpose of investigating and recording misconduct
towards animals. The district court granted in part plaintiffs' motion for summary judgment. This court
affirmed, holding, inter alia, that the statutes violated the First Amendment because they regulated
speech that would not give publicity to private life and cause a legally cognizable harm. The dissent
cited Chapters 7 and 8 of the Restatement Second of Torts and Restatement Fourth of Property § 1.1 of
Volume  2, Division 1, in arguing that a better interpretation of the statutes was that they regulated
trespass, which was traditionally considered a legally recognizable harm, and would strip plaintiffs'
speech of constitutional protections. Animal Legal Defense Fund v. Kelly, 9 F.4th 1219, 1247.


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