First Amendment

Preacher Granted Bond as He Appeals Sentence for Article Criticizing Judge

A preacher will be granted bond as he appeals a sentence of up to 10 years in prison for an article he wrote predicting God’s wrath will be inflicted on a judge. The Michigan Court of Appeals granted a motion Wednesday for bond pending appeal, according to a press release…

Dec 11, 2008 6:37 PM CST

No Sanction for Lawyer Who Wore F-Word T-Shirt to Cop Station

An Arizona lawyer who wore a T-shirt to a police station sporting the slogan, “Let the f—ing begin,” won’t face disciplinary charges. The state supreme court’s disciplinary commission voted 5-4 to dismiss the charges against lawyer Jeffrey Mehrens, adopting a hearing officer’s report that concluded the T-shirt and other alleged…

Dec 10, 2008 6:53 PM CST

Judge Axes YouTube Deposition Excerpt

Outraged by deposition testimony in a fraud suit against a Houston automobile dealership, a client of a Texas attorney arranged, with the lawyer’s help, to post a 6-minute excerpt on YouTube. But it can’t be found on the video-sharing website any more, after a state court judge ruled last week…

Dec 10, 2008 12:50 AM CST

Discipline Over Student’s Facebook Comments Sparks Lawsuit

A student who was suspended for three days by her former high school for criticizing an advanced-placement English teacher on her Facebook page is now suing her principal with the help of the ACLU. Katherine Evans, 18, of Pembroke Pines, Fla., is now a college student. By filing a federal…

Dec 9, 2008 11:09 PM CST

Senator Loses Appeal in Restroom Sex Sting

Sen. Larry Craig won’t be allowed to withdraw his guilty plea in a restroom sex sting. The Minnesota Court of Appeals ruled today that a trial court did not abuse its discretion by denying Craig’s petition to withdraw the plea, report the St. Paul Pioneer Press and the Minneapolis Star…

Dec 9, 2008 5:49 PM CST

Reporter Won’t Reveal DOJ Sources for Story on Terrorism Prosecutor

A reporter for the Detroit Free Press has declined to name the U.S. Justice Department sources who told him a federal prosecutor was being investigated for his handling of a terrorism case. Reporter David Ashenfelter cited the First Amendment and the Fifth Amendment in declining to name his sources, the…

Dec 9, 2008 1:27 PM CST

Fla. S.C. Considers Discipline for Appeals Judge’s Opinion

The Florida Supreme Court grilled lawyers from both sides of an unprecedented dispute involving the possible discipline of a judge for critical remarks he made in a written opinion. If the August recommendation by the Judicial Qualification Commission to discipline 1st District Court of Appeal Judge Michael E. Allen is…

Dec 3, 2008 6:34 PM CST

Appeals Court Bars Sketch Art at Gitmo Argument

We know that courts have been shy to accept cameras in the courtroom. But apparently even the quiet-as-a-church-mouse sketch artist isn’t welcome, at least at the U.S. Court of Appeals for the D.C. Circuit. Veteran courtroom sketch artist Bill Hennessy Jr., with his portfolio and tackle box of art supplies,…

Dec 3, 2008 5:39 PM CST

Craigslist Rant Prompts Criminal Libel Charges

A Colorado man who reportedly bashed his ex-girlfriend and her lawyer on Craigslist now has the unusual distinction of being charged with criminal libel. The rarely used charges stem from posts that J.P. Weichel is alleged to have authored on the popular site’s “rants and raves” section last December, ABC…

Dec 2, 2008 9:05 PM CST

Atheists Sue Over God Reference in Anti-Terror Law

A group advocating for atheists rights will file suit today against Kentucky’s Office of Homeland Security because state law requires the agency to stress “dependence on Almighty God as being vital to the security of the Commonwealth.” American Atheists of Parsippany, N.J., and 10 nonreligious Kentuckians who are also plaintiffs…

Dec 2, 2008 5:21 PM CST

Wash. Justice Now Admits ‘Tyrant’ Outburst During Mukasey Speech

Washington State Supreme Court Justice Richard Sanders now admits he stood and called Attorney General Michael Mukasey a “tyrant” during a speech last week, but he says some time elapsed before the attorney general collapsed. Sanders told the Seattle Times that he spoke up after hearing Mukasey defend Bush administration…

Nov 26, 2008 12:05 PM CST

Lawyer Ad Rules May Bar Blogging, La. Law Firm Says in Suit and Blog

A law firm contends new Louisiana lawyer advertising rules slated to take effect in April will restrict its right to comment on Twitter, Facebook, online bulletin boards and blogs. The Wolfe Law Group filed a federal suit today challenging the rules, claiming they would subject each of the firm’s online…

Nov 24, 2008 7:37 PM CST

Supreme Court OKs ADA Lawsuit Ban Against ‘Hit & Run’ Plaintiff & Counsel

A federal judge’s decision to ban a prolific litigant and his counsel from filing any more ADA lawsuits without court permission has effectively been OK’d by the U.S. Supreme Court. In a “legal waterloo” for Jarek Molski and his counsel, Thomas Frankovich, it has refused to hear an appeal from…

Nov 18, 2008 8:05 PM CST

Supreme Court to Decide Whether Anti-Clinton Movie is Campaign Ad

The U.S. Supreme Court has agreed to decide whether a movie that criticizes Sen. Hillary Clinton is a campaign ad that is subject to campaign finance regulations. The court will consider whether the makers of Hillary: The Movie have to reveal the names of donors to the project and whether…

Nov 17, 2008 4:53 PM CST

Oregon Biker Beats Rap for Naked Ride; ‘Symbolic Protest’ is Protected, Judge Says

Because an annual World Naked Bike Ride in Portland, Ore., has created a tradition of protesting in this manner, a Multnomah County judge has dismissed an indecent exposure case against a man who tried the stunt on his own a few weeks later over the summer. In 1985, the Oregon…

Nov 14, 2008 7:32 PM CST