Poll: 80% of Americans oppose SCOTUS campaign finance ruling

A new Washington Post-ABC News poll finds that nearly 80% of Republicans, Democrats, and Independents are  united in their opposition to the recent Supreme Court ruling that opens the door for corporations, labor unions, and other organizations to spend money directly from their general funds to influence campaigns.
Left and right united in opposition to controversial [...]

Supreme Court decision on Citizens United brings to forefront two views of First Amendment

The Supreme Court’s majority opinion written by Justice Kennedy and the dissent by Justice Stevens shows contrasting views of the First Amendment, one, that untrammeled free speech will eventually produce good results in a democracy, and, two, that free speech must sometimes be regulated to produce the free flow of ideas so essential to a [...]

Some say ‘Citizens United’ opinion may lead to ban on judicial elections

With a flood of money expected in judicial elections after the Supreme Court decision unleashing corporate money in political campaigns, some reformers are suggesting that the public will react adversely to that trend and abolish judicial elections. -db
The National Law Journal
February 01, 2010
By Tony Mauro

For years now, judicial reform groups have more or less resigned [...]

Justices say decision on campaign finance influenced by concerns for freedom for media

In making their recent decision to dismantle key provisions of the campaign finance law, Justice Anthony Kennedy writing the majority opinion, said that even though media are now exempt from restrictions on their expression, if the justices ruled to restrict the free speech of corporations, Congress could take that ruling and enact laws to restrict the media [...]

Campaign finance: Transparency needed more than ever as Supreme Court unleashes special interest money

The executive director of the Sunlight Foundation says that the Supreme Court’s decision striking down key provisions of the McCain-Feingold campaign finance law will unleash a flood of money in the political arena making it even more likely money will influence executive and legislative decisions. -DB

Sunlight Foundation
Opinion
January 21, 2010
By Ellen Miller

The ramifications of today’s Supreme [...]

Appeals court questions federal arguments in ‘fleeting expletive’ case

In a case pitting Fox television against the Federal Communication Commission, federal appeals judges peppered government lawyers with questions about the constitutionality of FCC rules aimed at indecency. -DB

Variety
January 13, 2010
By Ted Johnson
The broadcast networks opened the latest chapter in their long-fought challenge to the FCC’s indecency enforcement on Wednesday, with Fox attorneys arguing [...]

Supreme Court scuttles plan for televising Prop 8 trial

In another 5-4 decision, the U.S. Supreme Court ruled that given the notoriety of the same-sex marriage trial and that the public had insufficient time to comment on the decision to televise the trial, there would be no live telecasts or delayed broadcasts on YouTube. The Court did not rule on whether any federal trial [...]

Supreme Court affirms Texas school ban on T-shirt with political message

The U.S. Supreme Court let stand a ruling that upheld a school district’s ban on all messages on student clothing, another in a long line of decisions restricting student speech. -DB

Business Week
January 11, 201
By Greg Stohr

WASHINGTON, D.C. (Bloomberg) — The U.S. Supreme Court rejected an appeal from a Texas student barred from wearing a John [...]

Supreme Court refuses to hear Miami book banning case

In refusing to hear a Miami book  banning case, the Supreme Court left in place a ruling by a federal appeals court that the Miami school board could remove a book from the school libraries because it presented too rosy a picture of life in Cuba under the communists. -DB
Miami Herald
November 16, 2009
By Kathleen [...]

Supreme Court justice delivers dubious lesson in journalism to New York City’s Dalton School

When Supreme Court Justice Anthony M. Kennedy, a vigilant defender of the First Amendment, visited Dalton School in Manhattan last week, he came with a set of stipulations one of which was that his office would approve any article about his address to the students. Kennedy reviewed the article with dispatch, but it was still too [...]

Obama administration asks Supreme Court to delay decision on appeal of release of detainee torture photos

The United States Solicitor General asked the Supreme Court to postpone deciding whether to hear the case over whether abuse photos of detainees should be released to the public. If the Homeland Security Appropriations Bill is signed into law, provisions in the bill would allow the administration to withhold the photos from public scrutiny, making [...]

Banned Books Week: Despite Supreme Court ruling, book censorship often prevails

A recent survey found that there have been 120 challenges and bans of books in the U.S. since 2007, and many challenges are never reported. -DB

Media and Communications Law Society
Suffolk University Law School
Commentary
September 30, 2009
By Kristin Billera
September 26 – October 3 is the American Library Association’s Banned Books Week. Book banning is, unfortunately, still a [...]

Editorial questions doctrine of corporation constitutional rights

A New York Times editorial says that the Supreme Court under Chief Justice John Roberts seems to believe that U.S. corporations are entitled to legal rights commensurate to those of U.S. citizens. The Times argues that traditionally corporation rights have been limited for various practical reasons and are not specifically mentioned in the Constitution. -DB
The [...]

Supreme Court to hear detainee photo case after Obama change of course

President Barack Obama reversed a decision not to appeal a ruling for disclosure of photos showing U.S. troops abusing detainees. The Justice Department faces steep challenges in finding sufficient legal footing to prevail. -DB
The New York Times
Analysis
September 15, 2009
By Adam Liptak
WASHINGTON, D.C. – This spring, the Justice Department decided it would not ask the Supreme [...]

Supreme Court to hear crucial campaign financing case early this month

The Supreme Court will cut short its summer break to hear rare re-arguments on a case first heard in March that could result in their overturning curbs on corporate spending on political candidates. -DB
The New York Times
August 30, 2009
By Adam Liptak
WASHINGTON, D.C. — The Supreme Court will cut short its summer break in early September to [...]

Blogger intends to sue Google over outing

After Google revealed the identity of an anonymous blogger, her lawyer promised to sue citing the First Amendment right to speak anonymously. -DB
Wired
August 24, 2009
By Kim Zetter
An anonymous blogger unmasked by Google last week following a court order has vowed to sue the internet giant for violating her privacy.
Rosemary Port, who operated a blog called “Skanks [...]

Scant information on Supreme Court Web site

The Supreme Court’s Web site does not offer much information including oral arguments and briefs, merit briefs and petitions. -DB
NextGov
August 7, 2009
By Aliya Sternstein
The public had ample opportunity to parse the words of Justice Sonia Sotomayor on Senate Web sites before she was confirmed on Thursday, but when she begins hearing cases from the nation’s top [...]

White House secretive about who prepped Sotomayor

The Obama administration is refusing to name those who conducted practice sessions for Supreme Court nominee Sonia Sotomayor, withholding information of significant public interest. -DB
Legal Times
July 22, 2009
By David Ingram
At the request of a Democratic Senate, the Bush administration in 2006 opened a rare window on the process for preparing a Supreme Court nominee for a [...]

How to get judges, lawyers and Sharon Stone to follow open-court rules?

BY PETER SCHEER—With one unforgettable gesture–the uncrossing and crossing of her legs—actress Sharon Stone famously demonstrated that, physically speaking, she has nothing to hide. Her legal affairs, however, are another matter.
Despite court rules mandating openness in judicial proceedings, Stone was recently allowed to file a suit in Los Angeles Superior Court under conditions of secrecy [...]

Prop 8 Supreme Court hearing is best evidence yet for allowing cameras into the courtroom

By Peter Scheer
The California Supreme Court’s hearing yesterday in the Prop 8 case–broadcast live over the internet via streaming video–erased any doubt about the wisdom of allowing cameras into the nation’s courts.
Let’s hope US Supreme Court Justices David Souter, Stephen Breyer, Anthony Kennedy, Antonin Scalia and Clarence Thomas were watching the oral arguments on [...]