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Archive for the ‘First Amendment’ Category

Supreme Court Declares Animal Cruelty Statute Violates First Amendment By Debbie Rosenbaum – Edited by Chinh Vo United States v. Stevens, No. 08–769 (U.S., April 20, 2010) Slip Opinion The Supreme Court affirmed the Third Circuit Court of Appeals, which had held that 18 U.S.C. § 48, a federal statute criminalizing the commercial production, sale, or possession of depictions of cruelty to animals, was an unconstitutional abridgment of the First Amendment right to freedom of speech and did not serve a compelling governmental interest. In an 8-1 ruling, ... Read More...
Posted On Apr - 23 - 2010 Comments Off READ FULL POST
Sixth Circuit Upholds Ohio Anti-Pornography Statute By Avis Bohlen – Edited by Dmitriy Tishyevich American Bookseller’s Foundation for Free Expression v. Strickland, Nos. 07-4375/4376 (6th Cir., April 15, 2010) Opinion On April 15, the United States Court of Appeals for the Sixth Circuit reversed an Ohio district court’s decision to enjoin the enforcement of an anti-pornography child protection statute, Ohio Revised Code § 2907.31(D)(1), which criminalizes displaying or disseminating harmful materials to juveniles.  The court held that as narrowly construed ... Read More...
Posted On Apr - 21 - 2010 Comments Off READ FULL POST
By Kassity Liu Third Circuit Dismisses “Sexting” Charges Against Minor On March 18, the WSJ Law Blog reported that the Court of Appeals for the Third Circuit dismissed charges against a teenage girl for distributing sexually explicit images of herself. The court had originally stated that they would address whether the First Amendment protects minors from sending these types of images of themselves through their cells phones, but the court refused to consider this issue in the case. Instead, the ... Read More...
Posted On Mar - 22 - 2010 Comments Off READ FULL POST
By Conor H. Kennedy Editorial Policy In Citizens United v. Federal Election Commission (“Citizens United”), the Supreme Court nullified a major provision of campaign finance legislation.  The Federal Election Commission (“FEC”) can no longer regulate the mandated disclosure, allowable sources, or contribution limits of corporations’ independent political advocacy. Prominent legal scholar Lucian Bebchuk argues that the “insiders” who manage companies are now empowered to use direct expenditures to legally entrench themselves atop publicly traded companies, their shareholders’ objections notwithstanding.  From ... Read More...
Posted On Mar - 3 - 2010 5 Comments READ FULL POST
California Superior Court Enters Judgement in Anti-SLAPP Suit By Debbie Rosenbaum – Edited by Steven Primeaux MagicJack, LP v. Happy Mutants LLC, Case No. CIV 091108 (Sup. Ct. Cal. Marin County, Jan. 5, 2010) Opinion (hosted by Boing Boing) On January 5, 2010, the Superior Court of California for the County of Marin entered judgment against plaintiff MagicJack, reiterating its May 2009 holding that MagicJack had not established a probability of prevailing on its claims against Boing Boing and ruling ... Read More...
Posted On Feb - 27 - 2010 Comments Off READ FULL POST
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