Sixth Circuit Rules Against School’s Search of Student’s Cell Phone

G.C. v. Owensboro Public Schools
By Michelle Sohn– Edited by Sarah Jeong

In a 2-1 decision, the Sixth Circuit reversed the U.S. District Court for the Western District of Kentucky. The lower court had granted summary judgment for Owensboro, holding that the school’s search of a student’s cell phone did not violate the Fourth Amendment.

The Sixth Circuit held that the school’s search of G.C.’s cell phone was an unreasonable search and seizure.

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Supreme Court Holds the First Sale Doctrine  Applicable to Parallel Importation

Kirtsaeng v. John Wiley & Sons, Inc.
By Sarah Jeong – Edited by Alex Shank

The Supreme Court held in a 6-3 decision that the “first sale” doctrine applies to copies of copyrighted work lawfully made abroad, reversing the judgment of the Court of Appeals for the Second Circuit. The case involved the resale in the United States of approximately 600 copies of textbooks that originally had been bought in Thailand at relatively inexpensive prices.

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Iceland Considers Internet Pornography Ban
By Charlie Stiernberg – Edited by Sarah Jeong

The Associated Press reports that authorities in Iceland are considering a proposal by Interior Minister Ögmundur Jónason to ban pornography on the Internet. Pornography has been illegal in the country for decades, but the law is vague and therefore seldom enforced. The new proposal would not create any new restrictions, but it would reinforce existing law by expressly defining “pornography” as material with violent or degrading content.

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Twitter Must Produce Occupy Wall Street Protestor’s Data By Sarah Jeong – Edited by Michael Hoven People of the State of New York v. Malcolm Harris, Docket No. 2011NY080152 (N.Y. Crim. Ct. June 30, 2012) Decision and Order (hosted by the ACLU) The Criminal Court of the City of New York denied Twitter’s motion to quash a subpoena, thereby allowing discovery of defendant Malcolm Harris’s tweets and other non-content information collected by Twitter. On January 26, 2012, the New York ... Read More...

Supreme Court Rules Against the FCC, but Avoids First Amendment Issues By Sarah Jeong – Edited by Jennifer Wong Federal Communications Commission v. Fox Television Stations, Inc., No. 10-1293 (U.S. June 21, 2012) Slip Opinion The Supreme Court ruled last week that the Federal Communication Commission’s (“FCC”) rules on “fleeting expletives” did not give fair notice to networks like Fox and ABC, and were therefore unconstitutionally vague. While all eight justices (Justice Sotomayor recused herself) were unanimous in a judgment ... Read More...