First Amendment

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

Crosses on Chaplain Badges Barred Under Settlement

An atheist’s lawsuit has resulted in a settlement requiring images of crosses to be removed from badges worn by police chaplains in Spokane. Ray Ideus, formerly a Lutheran pastor who became an atheist, filed federal suit last year challenging the inclusion of the Christian symbol on the badges. The city…

Dec 5, 2007 5:25 PM CST

Atheist Back With Pledge, Currency Challenges

Atheist Michael Newdow asked a federal appeals court in oral arguments yesterday to remove the words ”under God” from the Pledge of Allegiance and ”In God We Trust” from U.S. currency. Newdow won a favorable ruling from the San Francisco-based 9th U.S. Circuit Court of Appeals in 2002 when he…

Dec 5, 2007 1:10 PM CST

Funny Lawyer Ads No Joke in N.Y.

Law firm ads that show attorneys towering over skyscrapers and offering legal advice to space aliens obviously aren’t meant to be taken seriously. But New York’s attorney general isn’t finding them at all amusing, reports Portfolio magazine on its website. In a brief filed yesterday in response to a July…

Dec 4, 2007 11:50 PM CST

State-Funded Prisoner Religion Program Tossed

A federal appeals court has ruled that a state-financed program that seeks to rehabilitate prisoners through Christian ideals violates the establishment clause. Americans United for Separation of Church and State had challenged the program run by InnerChange, a group affiliated with Charles Colson’s Prison Fellowship that operates in six states,…

Dec 4, 2007 5:55 PM CST

Plaintiff Surmises St. Louis Sign—and Animal—Preferences

An activist who owns several St. Louis apartments as part of his “housing ministry” is challenging a sign ordinance that bans his large mural opposing government seizure of property. Jim Roos’ 360-square-foot mural, painted on the side of one of his apartment buildings, reads “End Eminent Domain Abuse.” He received…

Dec 3, 2007 5:07 PM CST

No Butts About It

School Board’s Bottom Line: Teacher’s Cheeky Creations Mean His Classroom Days Are Behind Him

Dec 1, 2007 8:01 PM CST