First Amendment

Pastor Had Right to Reveal Affair

A pastor had a First Amendment right to disclose a parishioner’s affair to church members, the Texas Supreme Court has ruled. The court dismissed a lawsuit filed by Peggy Lee Penley, who argued the pastor had a duty to keep the affair a secret since he learned it in a…

Jul 2, 2007 5:28 PM CDT

Bar Exam Suit Cites Religion

A would-be lawyer who failed the bar exam has filed suit contending a question about gay marriage violated his First Amendment rights. Stephen Dunne says the Massachusetts bar question required him to “affirmatively accept, support and promote homosexual marriage and homosexual parenting,” the National Law Journal reports. He didn’t answer…

Jul 2, 2007 2:07 PM CDT

Lawyer Web Site Defends Suit

A Seattle lawyer is basing his lawsuit against a Web site that rates lawyers on Washington state’s consumer protection law. John Henry Browne sued when he saw that his rating was below that of a lawyer who is disbarred and dead, Adam Liptak writes for the New York Times in…

Jul 2, 2007 12:37 PM CDT

Lawyers Advise, Clients Strategize on New ‘Issue’ Political Advertising

Lawyers who advise advocacy groups are busy this week, following a U.S. Supreme Court ruling Monday opening the door to more “issue”-oriented political advertising. The question: How far can these groups go in pre-election advertising that discusses issues but at least arguably also promotes political candidates? The Federal Election Commission,…

Jun 28, 2007 6:18 PM CDT

Warning: N.Y. Ad Rules May Apply

A Philadelphia bar official is warning Pennsylvania law firms they would be well-advised to comply with New York’s new advertising rules. Paul Kazaras, assistant executive director of the Philadelphia Bar Association, told a marketing group that firms expecting to get out-of-state business should study and follow the rules, the Legal…

Jun 27, 2007 12:20 PM CDT

Limited Reach for ‘Bong Hits’ Ruling

An unusual assortment of groups had pressed the U.S. Supreme Court to rule a school could not punish a student for unfurling a banner that read “Bong Hits 4 Jesus.” Conservative Christian organizations and gay rights groups both supported student free speech, but for differing reasons, the Washington Post reports.…

Jun 26, 2007 3:21 PM CDT

Taxpayer Standing Partly Survives

Two conservative justices did not succeed in getting the Supreme Court to overrule a 1968 precedent regarding taxpayer standing. The old case, Flast v. Cohen, allowed taxpayers to challenge spending on programs that promote religion. The case was an exception to the general rule barring taxpayer standing. Justice Antonin Scalia…

Jun 26, 2007 2:03 PM CDT

Changed Court Weakens Campaign Law

The Supreme Court’s 5-4 decision yesterday weakening restrictions on campaign spending shows the influence of new justices. Chief Justice John G. Roberts Jr. wrote the majority decision finding the restrictions unconstitutional as applied to issue ads by an anti-abortion group. Justice Samuel A. Alito Jr. fully joined his opinion, the…

Jun 26, 2007 12:38 PM CDT

Court Says Issue Ads Protected

Updated: The U.S. Supreme Court has ruled that a group opposing abortion had a First Amendment right to run election-season issue ads that named a Senate candidate. “Today’s opinion is a major victory for those who oppose campaign finance regulation, and will likely lead to a new proliferation of corporate-…

Jun 25, 2007 7:21 PM CDT

Court Backs School in ‘Bong Hits’ Case (Updated)

The U.S. Supreme Court has ruled in a 5-4 decision that public schools may punish students who promote illegal drug use. The ruling came in the the case of a student who unfurled a banner that read “Bong Hits 4 Jesus” while attending a parade sanctioned by the school. Student…

Jun 25, 2007 6:30 PM CDT

More Judges Suing for Libel

A newspaper appealing a libel verdict can’t get a hearing before the Illinois Supreme Court. That’s because one of the high court justices was the plaintiff, and four other justices testified on their colleague’s behalf, Adam Liptak writes in his Sidebar column for the New York Times. The Kane County…

Jun 25, 2007 1:47 PM CDT

Concurrence Limits Reach of Speech Restriction

A concurring opinion in a Supreme Court decision issued yesterday appears designed to make sure liberals on the court are not able to cite the case to “expand the rationale for government restrictions on speech.” The court upheld an athletic association rule barring high school coaches from recruiting athletes. The…

Jun 22, 2007 8:33 PM CDT

A High-Impact Ruling for Athletic Rule

Yesterday’s Supreme Court ruling upholding a no-recruiting rule is likely to have an impact across the nation. The court upheld an athletic association rule barring high school coaches from recruiting athletes. The rule did not infringe the free speech rights of a coach who sent a letter to students, the…

Jun 22, 2007 3:45 PM CDT

Court Upholds Recruiting Rule

The U.S. Supreme Court has ruled that a state athletic association did not violate a school’s First Amendment rights when it imposed a penalty for violating its no-recruiting rule. Brentwood Academy, a private school near Nashville, had sued the athletic association after it imposed a penalty for a coach’s letter…

Jun 21, 2007 4:29 PM CDT

N.Y. Post Defamation Suit Dismissed

A New York appeals court has dismissed a former basketball star’s defamation suit against a sports writer for the New York Post. The court said ex-pro player Latrell Sprewell failed to present evidence of actual malice on the part of reporter Marc Berman, the New York Journal Law Journal reports.…

Jun 20, 2007 12:52 PM CDT