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Archive for the ‘First Amendment’ Category

Virginia State Supreme Court Holds Anti-Spam Statute Unconstitutionally Overbroad By Jay Gill — Edited by Nicola Carah Jaynes v. Commonwealth of Virginia Supreme Court of Virginia, September 12, 2008, No. 062388 Slip Opinion The Supreme Court of Virginia overturned the conviction of prolific spammer Jeremy Jaynes, unanimously reversing not only the Virginia state court of appeals, but its own earlier holding in the case. In doing so, the court held that the Virginia anti-spam statute under which Jaynes was convicted ... Read More...
Posted On Sep - 18 - 2008 Comments Off READ FULL POST
District Court Rules Virginia Law Protecting Social Security Numbers Unconstitutional As Applied to Watchdog Website By Jon Choate — Edited by Daniel Ray Ostergren v. McDonnell E.D. Va. No. 3:08cv362 Slip Opinion (hosted by the ACLU) On August 22, 2008, Judge Robert E. Payne of the U.S. District Court for the Eastern District of Virginia found § 59.1-443.2 of the Virginia Code to violate the First Amendment as applied to Betty J. Ostergren’s website The Virginia Watchdog. The court granted ... Read More...
Posted On Sep - 2 - 2008 Comments Off READ FULL POST
D. Mass: MIT Students’ Security Presentation Merits Temporary Restraining Order By Jon Choate – Edited by Dan Ray  Mass. Bay Transp. Auth. v. Anderson D. Mass., August 9th, 2008, No. 08-11364-GAO Temporary Restraining Order (Hosted by EFF)   On August 9th, Judge Woodlock of the U.S. District Court, District of Massachusetts granted the Massachusetts Bay Transportation Authority (“MBTA”) a temporary restraining order against Zack Anderson, RJ Ryan, and Alessandro Chiesa, undergraduates at the Massachusetts Institute of Technology (“MIT”). The order ... Read More...
Posted On Aug - 15 - 2008 1 Comment READ FULL POST
Third Circuit Holds Child Online Protection Act Unconstitutional By Anna Lamut – Edited by Nicola Carah ACLU v. Mukasey Third Circuit, July 22, 2008, No. 07-2539 Slip Opinion On July 22, the Third Circuit affirmed the United States District Court for the Eastern District of Pennsylvania’s decision, finding that the Child Online Protection Act (“COPA”), 47 U.S.C. § 231, violated the First and Fifth Amendment, and permanently enjoined its enforcement. COPA imposes civil and criminal penalties for anyone who, “for commercial purposes,” knowingly posts “material ... Read More...
Posted On Aug - 3 - 2008 Comments Off READ FULL POST
Third Circuit Vacates FCC Fine By Jon Choate — Edited by Stephanie Weiner CBS Corp. v. Federal Communications Commission Third Circuit, July 21 2008, No. 06-3575 Slip Opinion On July 21, the Third Circuit vacated an FCC order fining CBS $550,000 for the nine-sixteenths of one second broadcasting of Janet Jackson’s bare right breast during the halftime show of Super Bowl XXXVIII in February 2004. The court held that the FCC had departed from its prior policy in fining CBS ... Read More...
Posted On Jul - 26 - 2008 Comments Off READ FULL POST
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