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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.