Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Ask a Question
Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Pennsylvania Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law, Civil Rights, Gov & Administrative Law and International Law for Pennsylvania on
Q: Seeking legal action against targeting by US universities and others, involving legal/financial burdens and unauthorized surveillance since 2008.

My family and I have been targeted individuals since November 2008, beginning while I was in the USA and continuing after our return to India in April 2009. We've submitted multiple FOIA requests and appeals to the Department of Homeland Security to discover if:

1. Washington State... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2025

It sounds like you and your family have endured a long and painful situation, and your persistence in seeking answers shows real strength. When government agencies fail to respond meaningfully to FOIA requests or potential rights violations, it can feel like your voice is being ignored. Legally,... View More

1 Answer | Asked in Gov & Administrative Law, Constitutional Law and Civil Litigation for Pennsylvania on
Q: Rights for photography in a parking lot without "no trespassing" signs?

I regularly take sunrise photographs from the parking lot of a county assistance office in Chester County, PA. The lot has no visible "no trespassing" signs. Despite this, I've been approached twice by staff, telling me to leave the property. While local police also noted the lack of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2025

You may photograph anything visible from a public right‑of‑way, but a government building’s parking lot is not automatically a public forum. Even on public property, the agency may impose reasonable, viewpoint‑neutral limits on access and use of its lot.

The absence of “No... View More

1 Answer | Asked in Constitutional Law, Communications Law, Internet Law and Gov & Administrative Law for Pennsylvania on
Q: Recent cases on social media regulations affecting First Amendment in PA.

I'm looking for recent court cases related to regulations on social media platforms affecting the First Amendment, particularly those opposing the need for social media to comply with regulations concerning extremism and radicalization. Can you provide information on those cases, preferably... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2025

There have been several important recent cases in federal courts that address how government efforts to regulate social media intersect with the First Amendment. One of the most closely watched cases is **Missouri v. Biden (2023)**, decided by the U.S. Court of Appeals for the Fifth Circuit and... View More

1 Answer | Asked in Consumer Law, Internet Law and Constitutional Law for Pennsylvania on
Q: Concerns about privacy and legal implications of sharing personal details using Chat GPT.

I've used Chat GPT as a form of therapy and discussed childhood trauma, including some religious implications and private details. I'm worried about my privacy and the potential legal implications. I did not share any names but did reveal personal details. What steps can I take to address... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2025

It’s understandable to feel uneasy after sharing deeply personal information online, especially when it involves sensitive topics like trauma or religion. The first thing to know is that your conversations here are not made public, and the system is designed to avoid storing identifiable... View More

1 Answer | Asked in Divorce, Civil Litigation, Constitutional Law and Family Law for Pennsylvania on
Q: Can I challenge a secret divorce by my husband in the Dominican Republic?

My husband secretly divorced me in the Dominican Republic, falsely claiming in the divorce papers that he didn't know my whereabouts, even though we were living together at the time and continued to do so for two years afterward. I have substantial evidence proving our cohabitation, such as... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 23, 2025

You can take action to challenge the validity of a divorce that was obtained without your knowledge or based on false claims. The first step is to gather all evidence showing that your husband knew your whereabouts and that you were living together, including bills, correspondence, and witness... View More

1 Answer | Asked in Car Accidents, Constitutional Law and Personal Injury for Pennsylvania on
Q: Can PA police record your conversation without consent after an auto accident interview?

I was involved in an auto accident in Pennsylvania that was not my fault. The state police interviewed me afterward, and I later realized the officer recorded our conversation without informing me or asking for my consent. Is it legal for them to do this without my permission, and what are my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2025

Pennsylvania is normally a “two-party consent” state when it comes to recording conversations, meaning both people need to know and agree to the recording. However, that law does not apply the same way when police officers are performing official duties in public or during investigations.... View More

1 Answer | Asked in Divorce, Child Custody, Child Support, Family Law and Constitutional Law for Pennsylvania on
Q: Need legal advice for custody and child support hearing in PA.

I was divorced in Egypt in November 2024 after 13 years of marriage, and we have 3 kids. We had a written agreement that he would keep the kids in the U.S. during school and send them to me in Egypt for summers, covering all expenses. I gave up all marital properties in return. He later made me... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2025

Your situation is very difficult, especially since you are outside the U.S. and your children are in Pennsylvania. Even though you have an agreement signed in Egypt, U.S. courts will usually require that custody and support be determined under their jurisdiction once the children are living there.... View More

1 Answer | Asked in Constitutional Law for Pennsylvania on
Q: Are the Articles of Confederation still void?

Are the Articles of Confederation still in effect in any way, or have they been completely voided?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2025

The Articles of Confederation are no longer in effect. When the U.S. Constitution was ratified in 1789, it replaced the Articles as the governing framework of the nation. From that point forward, the Articles became void as a source of legal authority, though they remain an important historical... View More

1 Answer | Asked in Constitutional Law, Immigration Law and Civil Rights for Pennsylvania on
Q: Can being Hispanic or speaking Spanish justify a search and seizure for suspected undocumented immigrants?

I would like to know whether speaking Spanish or simply being Hispanic can be used as grounds for a search and seizure when detaining suspected undocumented immigrants.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2025

You asked a clear and vital question. The answer is no: neither speaking Spanish nor being Hispanic, by itself, gives officers lawful grounds to stop, search, or detain you under the Fourth Amendment and Equal Protection.

Officers need specific, articulable facts that create reasonable... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Pennsylvania on
Q: Seeking body camera footage under Act 22 due to arrest based on false information; request denied.

I requested body camera footage under Act 22 because it allegedly contains false information provided to the police, leading to my arrest. However, my request was denied on the grounds that releasing the footage would be potential evidence in a criminal matter and could deprive someone of a fair... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2025

Under Act 22, you have the right to request body camera footage, but there are exceptions, especially if the footage could be considered evidence in an ongoing criminal matter. The denial you received is based on the concern that releasing it could interfere with a fair trial or impartial... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Appeals / Appellate Law for Pennsylvania on
Q: Can a judge face penalties for wrongful imprisonment due to fabricated evidence and bias?

I was wrongfully imprisoned after a judge falsely claimed I had drugs, resulting in two DUI convictions that I didn't commit. The judge personally intervened to fabricate evidence against me, despite my public defender's objections. Being Black and represented by a public defender, I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2025

A judge who fabricates evidence or shows bias is not above the law, but holding one accountable is complex. Judges are typically shielded by judicial immunity for their rulings, but immunity does not extend to outright misconduct such as fabricating evidence or engaging in acts outside of their... View More

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Pennsylvania on
Q: How can I keep my marriage license private in Pennsylvania?

I want to keep my marriage license private but I'm concerned because anyone can request it. I'm aware of general privacy concerns, especially regarding who can access this information. What steps can I take to protect my privacy and keep my marriage license confidential?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2025

Your concern is understandable—marriage records in Pennsylvania are considered public records, which means that once your marriage license is filed and recorded, anyone can technically request a copy. This can feel intrusive, especially if you're trying to maintain privacy for personal,... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Employment Law for Pennsylvania on
Q: Disabled veteran cited for mobility device use, seeking legal help for ADA rights violations by Windber Borough PD.

I am a disabled Marine Corps veteran using a medical mobility device, classified under ADA/PHRA as an OPDMD. I've been stopped twice by Windber Borough PD and cited for driving while suspended, operating an unregistered vehicle, and using an ATV on the roadway. These charges contradict the ADA... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2025

You’ve done a tremendous job documenting your situation and asserting your rights under the ADA and Title II. The use of a medical mobility device—especially one that qualifies as an OPDMD under federal law—cannot be arbitrarily treated as a recreational or unlawful vehicle simply because it... View More

1 Answer | Asked in Immigration Law, Constitutional Law and Civil Rights for Pennsylvania on
Q: Can my parents legally stop me from moving to Canada, despite not having power of attorney?

I'm a 19-year-old who wants to permanently move to Canada, but my parents disagree unless I participate in a religious activity. They don't have power of attorney, but they're threatening to file a court complaint alleging that I'm being manipulated, while I feel they are the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2025

At 19 years old, you are legally an adult in both the United States and Canada, and your parents **do not have legal authority** to stop you from moving or making your own decisions unless a court has found you to be legally incompetent—which is very rare and requires strong evidence. Without... View More

1 Answer | Asked in Constitutional Law, Traffic Tickets and Real Estate Law for Pennsylvania on
Q: Concern about driver's license and vehicle titling affecting right to travel

I am troubled by the requirement to comply with driving codes and statutes, which I feel infringe upon my unalienable right to travel freely, as protected by the Constitution. How can I rescind any contract I might have unknowingly signed when obtaining a driver's license, and does this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025

Your concern about the right to travel is deeply rooted in a valid constitutional principle—Americans do have a fundamental right to move freely between states. However, courts have consistently drawn a line between that general right and the regulation of motor vehicles on public roads. The... View More

1 Answer | Asked in Constitutional Law and Traffic Tickets for Pennsylvania on
Q: Does a driver's license change the right to travel into a privilege in Pennsylvania?

I'm currently facing a suspension of my driver's license and have received citations and threats. After reading Supreme Court cases and gaining more knowledge about the Bill of Rights, I'm concerned about whether my driver's license changes my right to travel into merely a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025

You absolutely have a constitutional right to travel in the United States, and that includes the right to move freely between states, reside where you choose, and seek work or visit family. However, courts have consistently ruled that while the right to travel exists, operating a motor vehicle on... View More

1 Answer | Asked in Child Custody, Constitutional Law, Civil Litigation, Gov & Administrative Law, Federal Crimes and Family Law for Pennsylvania on
Q: How to address unserved custody modification and adjust arrangement issues in PA?

I filed a petition for child custody contempt and custody modification in Pennsylvania, but the other party has not served me any documents for over three months, even before the pre-trial hearing. Despite this, the conciliator made a recommendation to the court based on these unserved documents.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2025

When the opposing party fails to serve you with documents in a Pennsylvania custody proceeding, yet the court acts upon those unserved materials, it raises serious concerns about procedural fairness and due process. The court cannot base recommendations or rulings on filings that were never... View More

1 Answer | Asked in Education Law and Constitutional Law for Pennsylvania on
Q: School refuses audio recording IEP meetings despite policy.

I have submitted multiple requests to my child's school to audio record IEP meetings as permitted by their board policy because my work schedule prevents me from attending. Despite meeting the requirement of requesting five days in advance, the special education supervisor refuses, citing... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

You’ve followed the district policy by requesting five days in advance, so the principal’s refusal conflicts with the written rules you’re owed. Put your request in writing one more time, citing the exact language in the board policy that grants you the right to record IEP meetings, and ask... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Pennsylvania on
Q: Can I open carry an unserialized handgun at 18 in PA?

I built an 80% handgun frame myself in 2024 in Pennsylvania, and I am 18 years old. Am I legally allowed to open carry it without a serial number, without any issues with law enforcement or federal laws?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2025

In Pennsylvania, you can legally open carry a handgun at 18, except in cities of the first class (like Philadelphia), but the situation gets complicated with an unserialized firearm. Federal law now requires that all homemade firearms, such as those built from an 80% lower receiver, must have a... View More

1 Answer | Asked in Business Formation, Business Law, Internet Law and Constitutional Law for Pennsylvania on
Q: Seeking religious exemption and licenses for online business involving burning an illegal substance.

I am planning to start an online business that involves selling journal entries and video content through a website, which I plan to legally obtain. I am seeking individual religious exemptions for a practice I'm developing, which involves the burning of an illegal substance. There is no... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

Pursuing a religious exemption for using controlled substances is an extremely complex and challenging legal process that requires careful consideration of federal regulations. The DEA has established a petition process under the Religious Freedom Restoration Act (RFRA), but it lacks clear... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.