First Amendment

Unusual Judge’s Brief Claims Prosecutors Mischaracterized Court Record

A federal judge in San Diego has released an unusual brief he wrote that takes issues with prosecutors’ characterization of the court record regarding a secret guilty plea in a scandal involving a corrupt congressman. U.S. District Judge Larry Burns had originally filed the brief under seal with the San…

Nov 4, 2008 2:52 PM CST

Appeals Court Allows Protests at Soldiers’ Funerals

The St. Louis-based 8th U.S. Circuit Court of Appeals has sided with members of the Westboro Baptist Church, who regularly make headlines and anger grieving families by showing up and staging protests during funerals. The court’s ruling Friday (PDF) is a reaffirmation that the Kansas church can keep on picketing…

Nov 3, 2008 5:13 PM CST

C-SPAN Denied Quick Access to Tape of ‘Fleeting Expletives’ Argument

U.S. Supreme Court buffs won’t be able to hear the Supreme Court’s oral arguments in the so-called fleeting expletives case next Tuesday. Without explanation, Chief Justice John G. Roberts Jr. denied a request by C-SPAN for an immediate release of the tapes, SCOTUSblog reports. That means the audiotapes won’t be…

Oct 31, 2008 6:23 PM CDT

Judge Tells Chevron to Remove Sponsored Links to Website about Case

A federal judge in San Francisco has ordered Chevron to take down sponsored Google links to a website providing the company’s spin on an incident that resulted in the death of a Nigerian villager and a lawsuit under the Alien Tort Claims Act. U.S. District Judge Susan Illston had issued…

Oct 28, 2008 12:28 PM CDT

Bloggers Get Libel Protection; Sonnenschein Staffs Hotline

Libel suits against individual bloggers are on the rise, prompting one group to offer up insurance for those who post inflammatory remarks and Monday-morning-quarterback opinions. The not-for-profit Media Bloggers Association is offering an insurance policy meant to protect bloggers who are threatened with litigation, copyright claims and invasion of privacy…

Oct 20, 2008 8:31 PM CDT

Pole Dancing Instructor Settles Suit over Studio Ban

A pole dancing instructor hopes to help women release their “inner goddess” now that a legal settlement will allow her to open her dance studio. There is no nudity in pole dancing classes taught by part-time dance teacher Stephanie Babines, but officials in Adams Township near Pittsburgh still had concerns,…

Oct 16, 2008 6:04 PM CDT

Judge Asked Too Many Questions, Requiring New Trial

In a rare rebuke to the chief judge in Baltimore, a Maryland appellate court has found that he asked too many questions during a jury trial of an armed robbery case last year, requiring a reversal of the defendant’s conviction and a new trial. The 125 questions that Baltimore City…

Oct 7, 2008 11:50 PM CDT

Supreme Court Declines Cases on ‘Choose Life’ Plates, Juror Bible Reading

Cases touching on religion and abortion were among several rejected by the U.S. Supreme Court yesterday. One concerns whether anti-abortion activists can force Arizona to issue “Choose Life” license plates, and the other whether a Bible-reading juror requires a court to overturn a death sentence. The court accepted no new…

Oct 7, 2008 1:30 PM CDT

Expressing Themselves

Playboy may be synonymous with a lot of things, just not necessarily the First Amendment.

Oct 1, 2008 8:45 PM CDT

Sonar, F-Bombs and Public Parks

An eclectic blend of cases and three-a-day arguments are on tap this term

Oct 1, 2008 6:45 PM CDT

Sunday Sermons Test IRS Rule, as Pastors Preach Politics

Gearing up for a First Amendment battle, several pastors in Orange County, Calif., joined dozens of others across the nation yesterday in preaching politics. A conservative legal group in Arizona, the Alliance Defense Fund, says it plans to support those who used the pulpit Sunday to recommend candidates in the…

Sep 29, 2008 6:04 PM CDT

Controversial Fla. Lawyer is Disbarred; Jack Thompson Alleges ‘Enemies List’

Updated: Going beyond previous sanctions imposed on a controversial Florida lawyer, the state supreme court today has permanently disbarred Jack Thompson in agreement with a referee’s report (PDF) issued in July that said Thompson repeatedly attempted to harm his opponents’ reputations “with utter disregard to the administration of justice and…

Sep 25, 2008 8:10 PM CDT

RIAA Seeks Sanctions for N.Y. Lawyer’s ‘Vexatious’ Blog Posts of Case Filings

A lawyer who is known for defending individuals accused of peer-to-peer sharing of copyrighted works over the Internet is now on the hot seat himself. The Recording Industry Association of America is seeking sanctions against attorney Ray Beckerman in a federal court case in New York, claiming that he has…

Sep 25, 2008 3:47 PM CDT

As Tattoos Enter Mainstream, Courts Uphold Employers’ Right to Ban Them

Tattoos and body piercing are gaining increasing acceptance, but employers have a right to ban their workers from sporting them. In case after case, courts have found no legal right to such self-expression, the New York Times reports. The decisions come despite the new popularity of body art such as…

Sep 25, 2008 1:13 PM CDT

Adult Filmmaker Loses Double Jeopardy Bid Based on Kozinski Mistrial Declaration

A federal judge has ruled the double jeopardy clause doesn’t bar a new obscenity trial for an adult filmmaker whose case ended in a mistrial because of a controversy surrounding Judge Alex Kozinski. U.S. District Judge George King of Los Angeles said Kozinski acted with “due deliberation” when he declared…

Sep 23, 2008 2:25 PM CDT