First Amendment

Trial Allowed in Prisoner Challenge to Media Policy

A federal appeals court is allowing a challenge to a federal policy that bans death row inmates from holding face-to-face interviews with journalists. Death-row inmate David Paul Hammer claims the ban violates his First Amendment rights. The Bureau of Prisons said security concerns justified the ban, but Hammer argued the…

Jan 17, 2008 4:39 PM CST

San Diego OKs $750K Attorney Payment to Settle Cross Case

The city council of San Diego has agreed to pay a plaintiff’s lawyer $750,000 to settle his legal bill for representing an atheist in a lengthy lawsuit over the placement of a large cross on city land. The 6-2 vote doesn’t completely settle the 1989 constitutional case, however, according to…

Jan 17, 2008 12:57 AM CST

Supreme Court Upholds New York’s Judge Selection System

The U.S. Supreme Court has upheld New York’s party-controlled system for choosing trial judges, saying there is no constitutional right to a fair shot at winning a nomination. Under the state’s unique system, voters choose convention delegates who then choose the judicial candidates, the Associated Press reports. Often they face…

Jan 16, 2008 4:22 PM CST

Nevada High Court Rules Against Kucinich in Debate Suit

Dennis J. Kucinich has lost his legal bid to remain in yesterday’s Democratic debate. The Nevada Supreme Court ruled yesterday less than an hour before the scheduled debate, the Las Vegas Review-Journal reports. The court said Judge Charles Thompson of Las Vegas abused his discretion when he ruled MSNBC had…

Jan 16, 2008 11:34 AM CST

Court to Hear ‘Millionaire Amendment’ Campaign Finance Case

The U.S. Supreme Court has agreed to review the so-called millionaire’s amendment, which permits candidates to accept larger campaign contributions when self-financed opponents spend heavily. Candidate Jack Davis, who lost a congressional race in New York last year despite spending $2.2 million of his own money, claims the amendment violates…

Jan 11, 2008 8:24 PM CST

Judge Orders Divorcing Blogger to Take Down Posts on Marriage

A Vermont judge has ordered a divorcing spouse to take down all his Internet postings about his wife and their marriage, surprising some First Amendment experts. The lawyer for blogger William Krasnansky contends the order by Judge Thomas Devine violates her client’s right to free speech, the New York Times…

Jan 10, 2008 5:03 PM CST

Lawyer Sues Fla. Bar Over Bad Ad

Five years ago, the Florida Bar reportedly OK’d attorney Bill Harrell’s use of the phrase “Don’t settle for less than you deserve” in his law firm advertising. But now it has determined that the slogan Harrell has been using since 2002 to “brand” his well-known Jacksonville law firm conflicts with…

Jan 9, 2008 9:32 PM CST

N.H. City Says Attorney Malpractice Nixed Insurance

A New Hampshire municipality has sued its former legal counsel for malpractice, contending that he not only failed to appropriately advise the city of Claremont of the legal risks associated with firing the city tax assessor in 2000 but also failed to advise the city that the tax assessor, Steve…

Jan 7, 2008 9:17 PM CST

Oh #%@&!

Mess Makes Mom Mouth Off Mightily, Then Neighbor Cries Foul and Her Day Goes Down the Cr*pper

Jan 1, 2008 9:43 PM CST

The Garcetti Effect

Government employees fear high court case undermines retaliation protections

Jan 1, 2008 8:14 PM CST

Santa & 1st Amendment Attys Busy During Holidays

If you thought Santa was busy this time of year, think about lawyers who specialize in religious expression. They report an upswing of calls in November and December dealing with a host of issues, from public school choirs singing religious songs to nativity displays on government property, the Washington Post…

Dec 21, 2007 5:52 PM CST

Experts Differ on Rights of Lawyer Who Criticized Judge on Blog

Is a lawyer who calls a judge an “evil, unfair witch” on a blog protected by the First Amendment? A Daily Business Review story found a difference of opinion. The lawyer accused in a Florida Bar complaint for making those remarks, Sean Conway, asserts he is protected. He has been…

Dec 20, 2007 2:09 PM CST

10-Rated Lawyer Wins Dismissal of Suit Against Lawyer-Ranking Website

A federal judge in Seattle has dismissed a lawsuit against a website that rates lawyers, saying the posted opinions are protected by the First Amendment. This site is called Avvo after avvocato, the Italian word for lawyer. It permits lawyers who want to improve their ratings to add information and…

Dec 19, 2007 5:09 PM CST

First Amendment Protects Woman Who Cursed at Overflowing Toilet

A Pennsylvania judge has cited the First Amendment in acquitting a woman who screamed profanities when her toilet overflowed. Judge Terrence Gallagher wrote that Dawn Herb’s profanities may be considered “offensive, vulgar and imprudent,” but they are protected by the First Amendment, the Times-Tribune reports. Herb, who lives in West…

Dec 14, 2007 7:19 PM CST

Court Enjoins Law That Barred Fringe Church’s Funeral Protests

A federal appeals court has barred enforcement of a Missouri law that stopped members of a fringe Kansas church from protesting at soldiers’ funerals. Members of the Westboro Baptist Church say God is punishing the United States for homosexuality by killing soldiers and other Americans. Members show up at soldiers’…

Dec 6, 2007 7:28 PM CST