Opinion: Supreme Court decision on copyright of foreign works a blow to free speech

The U.S. Supreme Court extended copyright protection to foreign works created from 1023 to 1989 and already in the public domain thereby shutting down creative uses of these works to protect profits of the owners of old works. The overall result, argues Ken Paulson of the First Amendment Center, is a loss of free speech. [...]

CA violent video game law author responds to Supreme Court decision

Although the Supreme Court shot down the violent video game law authored by California state senator Leland Yee (D-San Francisco), AP has reported that Yee will review “the dissents in hope of finding a way to reintroduce the law in a way it would be constitutional.” Video: Court: Calif. Can’t Ban Violent Video Game: The Associated [...]

Supreme Court pulls trigger on CA violent video game law

The court ruled 7-2 Monday to strike down Brown vs. the Entertainment Merchants Association by a vote of 7-2. Writing for the court, Justice Antonin Scalia allowed that “Reading Dante is unquestionably more cultured and intellectually edifying than playing Mortal Kombat,” but nonetheless determined that “…these cultural and intellectual differences are not constitutional ones. Crudely [...]

Transparency: Democrats want sun to shine on secret flow of corporate money to Republicans

Democrats are suing the Federal Election Commission to force them to disclose which private companies and nonprofit groups are contributing millions of dollars in secret donations to Republican causes. There has been an avalanche of spending after the Supreme Court decision granting First Amendment rights to corporations, and Republicans have blocked legislation in Congress requiring [...]

The U.S. is alone among western democracies in protecting “hate speech.” Chalk it up to a healthy fear of government censorship.

BY PETER  SCHEER–An inebriated John Galliano, sitting in a Paris bar, unleashes an anti-semitic rant (“I love Hitler”) that is captured on a cellphone camera and posted on the internet. Within days the Dior designer is not only fired from his job, but is given a trial date to face criminal charges for his offensive [...]

U.S. Supreme Court rules for transparency in Navy records case

The Supreme Court gave open government a significant victory by reversing decades of practice in discrediting a prominent interpretation used by government agencies to reject Freedom of Information Act requests. The Navy had tried to use an FOIA exemption for records “related solely to the internal personnel rules and practices of an agency” to reject [...]

Supreme Court refuses hearing on student suspension over alleged bigoted remark

The U.S. Supreme Court will not hear a lawsuit brought by a student at East Hamption High School suspended after he allegedly made a comment “one down, forty thousand to go” in reaction to the death of a Latino student in an motorcycle accident. The student accused of the remark wanted to return to school [...]

Coalition urges Senate to pass law to allow cameras in Supreme Court

The American Civil Liberties Union, Citizens for Responsibility and Ethics in Washington and Alliance for Justice are urging the Senate to pass a bill allowing television coverage of Supreme Court hearings. -db American Civil Liberties Union Press Release October 28, 2010 WASHINGTON, D.C. – A coalition of public interest advocates led by the American Civil [...]

Supreme Court denies emergency injunction on Maine campaign-finance laws

Two Supreme Court justices refused to enjoin Maine’s campaign laws before the Nov. 2 election The laws set disclosure requirements, capped individual contributions to governor candidates to $750 and provided matching funds for some candidates. -db Courthouse News Service October 25, 2010 By Annie Youderian (CN) – The Supreme Court late Friday refused to block [...]

Law scholars suggest new rules for corporate spending on politics

In a paper in the upcoming edition of the Harvard Law Review, two law school scholars suggest that the freedom granted by the recent Supreme Court decision should carry with it new responsibilities to align their spending on political campaigns with the interests of their stockholders. -db Social Science Research Network September 1, 2010 By [...]

UF First Amendment project files brief with U.S. Supreme Court in funeral protest case

Press Release/ UF July 21, 2010 By University of Florida GAINESVILLE, Fla. — The University of Florida’s Marion B. Brechner First Amendment Project joined three other free speech groups to file a friend-of-the-court brief with the U.S. Supreme Court last week. They filed it as part of Snyder v. Phelps, a free speech case centering [...]

Supreme Court rules college can deny funding to Christian group

The Supreme Court has ruled that Hastings College of The Law in San Francisco can legally deny recognition to a Christian Student group that openly discriminates against homosexuals. The Examiner First Amendment/Commentary July 8, 2010 By Ana Kasparian The 5-4 ruling indicates that the Christian Legal Society will not get funding or official recognition from the [...]

The Supreme Court and Corporate Free Speech: Citizen United v. FEC

The Supreme Court’s decision in Citizen United v. Federal Election Commission, could change American democracy. Along with strong Democratic opposition, 76% of Republicans and 81% of independents believe the Citizens United ruling was wrong. -SMD TIME Magazine Commentary July 7, 2010 By Adam Cohen When the Supreme Court ended its term last week, its ruling [...]

The Supreme Court’s inconsistent 1st Amendment rulings

The Supreme Court’s just-ended term was marked by mixed results and “inconsistent” rulings on First Amendment cases according to Los Angeles Times. – SMD First Amendment Rulings Opinion/Commentary July 5,2010 Los Angeles Times The Supreme Court term that ended last week will be remembered for several important decisions. The court ruled that juveniles couldn’t be [...]

FEC agrees Citizens United is media so doesn’t have to disclose donors

The Federal Elections Commission ruled that the conservative Citizens United was a media organization and as such did not have to disclose the donors behind their documentaries. -db The Washington Post June 9, 2010 By Carol D. Leonnig The conservative political group Citizens United has won a ruling from federal election authorities that it does [...]

Kagan stand on First Amendment in question

Supreme Court nominee Elena Kagan favors a strong examination of the government’s reasons for restricting free speech rather than placing all attention on the effect of the restriction. -db CNS News May 12, 2010 By Matt Cover (CNSNews.com) – Supreme Court nominee Elena Kagan said the high court should be focused on ferreting out improper governmental [...]

Father of Marine ordered to pay legal fees of church congregation picketing son’s funeral

After losing a First Amendment case to the Westboro Baptist Church in federal court, the father of a Marine must pay $16,000 in legal fees to the church. -db Courthouse News Service March 30, 2010 (CN) – The father of a Marine whose funeral was picketed by the Westboro Baptist Church must pay the protesters [...]

‘Soft money’ ban survives in federal court

A federal court has turned back an effort by the Republican National Committee to lift restrictions on raising soft money for use in state elections. It was one of the first tests of the limits of the recent Supreme Court decision rolling back laws limiting corporate campaign spending. -db JURIST March 26, 2010 By Zach Zagger [...]

Public sides with Obama on tiff with Supreme Court over corporation money in elections

With the polls showing that 80 percent of the public is against unleashing special interest money in elections, analysts suggest that the president and others may have some leeway in stemming the effect of the Supreme Court’s  recent decision allowing unrestricted spending for and against political candidates. -db The Atlanta Journal-Constitution March 15, 2010 By [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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. [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]