First Amendment

‘Dorm Dudes’ May Be Right in Miami’s Gay Porn Fight

The city of Miami is fighting an uphill battle in its effort to close down a house in which “dorm dudes” are paid by a gay porn website to live there and have sex on schedule. Although the city contends that the so-called porn dorm is in violation of residential…

Aug 14, 2008 5:56 PM CDT

Unabomber Protests Museum Display of his Cabin in Appeals Court Letter

Convicted Unabomber Ted Kaczynski has written a letter to a federal appeals court protesting the display of his cabin in a news museum exhibit called “G-Men and Journalists.” The FBI had loaned the 10-by-12-foot cabin to the Newseum in Washington, D.C., the Washington Post reports. A video tour on the…

Aug 13, 2008 12:36 PM CDT

Pentagon Papers Leaker Daniel Ellsberg Sees Parallel in Disclosure of Wiretap Program

The man who leaked the Pentagon Papers to the New York Times in 1971 is still eager to expose government secrets. Daniel Ellsberg told an ABA Annual Meeting panel today that he disclosed the 7,000-page study of the history of the Vietnam War in hopes that President Richard Nixon could…

Aug 9, 2008 5:40 PM CDT

New Motives May Save Ten Commandments Displays

After years of wrangling and a trip to the U.S. Supreme Court over the courthouse displays featuring the Ten Commandments, a federal judge has agreed to allow two Kentucky counties to argue how their motives for displaying the Commandments, while initially religious, are now purely secular. U.S. District Judge Jennifer…

Aug 8, 2008 1:53 PM CDT

4th Circuit Nixes Defamation Claim Against Ex-Air America Host

Onetime Air America host Randi Rhodes’ comments about a military contractor at Abu Ghraib are protected under the First Amendment, the Richmond, Va., 4th U.S. Circuit Court of Appeals ruled this week. CACI International filed suit against Rhodes and Air America in 2005 for statements she made, including accusing CACI…

Aug 7, 2008 10:30 AM CDT

Proposed Reg Allows Health Workers to Opt Out of Birth Control, Abortions

A controversial draft regulation would require hospitals and other health-care entities that receive federal funds to allow workers to opt out of providing care that violates their moral and religious convictions. Critics say the proposal by the Department of Health and Human Services could affect access to abortions and birth…

Jul 31, 2008 11:55 AM CDT

New Theory Why US Attorneys Were Axed: Perceived Sexual Orientation?

It wasn’t just political affiliation that some top officials at the Department of Justice may have considered when making decisions about hiring and firing. According to the Los Angeles Times, a perceived same-sex relationship based on false rumors of a nonexistent affair between two female prosecutors may also have led…

Jul 29, 2008 11:29 PM CDT

New Attorney Ad Rules for La. Lawyers as of Dec. 1

New advertising standards for Louisiana lawyers are slated to go into effect on December 1, but some practitioners feel they could still using a bit of tweaking. For the first time, the new rules approved by the Louisiana Supreme Court will require prior approval of lawyer advertising, by a Louisiana…

Jul 24, 2008 11:14 PM CDT

Law Requiring Students to Get Parental Consent to Opt Out of Pledge Is Upheld

A federal appeals court has upheld a Florida law that required students to get their parents’ permission before being excused from the Pledge of Allegiance. A federal judge had said the law “robs the student of the right to make an independent decision,” but the 11th U.S. Circuit Court of…

Jul 24, 2008 6:36 PM CDT

L.A. Moves Closer to Limiting New Fast-Food Restaurants

Los Angeles has moved a step closer to banning new fast-food restaurants for at least a year in a significant swath of the city. A city council committee last night unanimously approved a measure calling for at least a one-year moratorium on new fast-food franchises in a 32-square-mile area including…

Jul 23, 2008 6:47 PM CDT

Appeals Court Strikes Down Children’s Online Protection Law

A federal appeals court has struck down a law that imposes criminal penalties on commercial websites that allow minors to access “harmful” material on the Internet. The 3rd U.S. Circuit Court of Appeals found that the law, the Child Online Protection Act, is overly broad and vague, the Associated Press…

Jul 23, 2008 12:29 PM CDT

Public Reprimand Recommended for Fla. Appeals Court Judge

A Florida appeals court judge who criticized a fellow jurist in a written opinion should be publicly reprimanded, a hearing panel has recommended. It is now up to the Florida Supreme Court to decide whether to reprimand 1st District Court of Appeal Judge Michael Allen in the highly unusual case,…

Jul 18, 2008 10:06 PM CDT

Lawyer Asserts First Amendment Right to Describe Judge as a Witch

A Florida lawyer who called a judge an “evil, unfair witch” on a blog has submitted a brief with the Florida Supreme Court that contends his comments were protected by the First Amendment. Lawyer Sean Conway submitted the legal papers after the court asked him and the Florida Bar to…

Jul 16, 2008 6:23 PM CDT

Ex-Gov: Constitution Could Express Public Distaste for Judge Campaign Statements

Former California Gov. Pete Wilson is floating the idea of a state constitutional amendment addressing public distaste for judicial candidates’ campaign statements. Wilson spoke yesterday at a public forum sponsored by the Commission on Impartial Courts, appointed by the chief justice of California’s supreme court. Wilson said the constitutional amendment…

Jul 15, 2008 1:28 PM CDT

Appeals Court Says Scientist is Public Figure, Dismisses Anthrax Libel Suit

A federal appeals court has ruled that scientist Steven Hatfill is a public figure and his libel suit against the New York Times for identifying him as an anthrax suspect must be dismissed. The Richmond, Va.-based 4th U.S. Circuit Court of Appeals ruled yesterday that Hatfill could not show actual…

Jul 15, 2008 12:28 PM CDT