· 7/15/1998
Lake James Community Volunteer Fire Department, Incorporated v. Burke County, North Carolina
Citations
- 149 F.3d 277
- 1998 U.S. App. LEXIS 16194
- 1998 WL 394596
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding enforceable a Fire Department's \limited waiver\ of some First Amendment rights in a contract with a county government
- stating that a contractual waiver of a constitutional right must be knowing and voluntary
- explaining that if contractual waiver of constitutional right is knowing, voluntary, and does not undermine public interest, \courts have routinely enforced voluntary agreements\ that waive free speech rights
- holding enforceable a Fire Department’s “limited waiver” of some First Amendment rights in a contract with a county government
- stating that a contractual waiver of a constitutional right must be knowing and voluntary
- commenting “simply because a contract includes the waiver of a constitutional right does not render the contract per se unenforceable” and including the right to a jury trial in a list of waivers of rights that have been upheld
Source: CourtListener parenthetical corpus (CC0).
Judges: Niemeyer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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