Senate bill introduced to put cameras in U.S. Supreme Court

The U.S. Senate is considering a bi-partisan bill to allow the televising of Supreme Court sessions. C-SPAN and others are asking the Court for permission to televise five and a half hours of oral arguments on the federal health care law at the end of March. -db From C-SPAN, February 9, 2012. Full story  

First Amendment defenders line up against Stolen Valor Act

A number of free speech defenders have filed briefs to the U.S. Supreme Court contesting the constitutionality of the Stolen Valor Act. The briefs were filed in support of a Pomona, California water district board member who lied about receiving the Medal of Honor and 25 years of service in the Marines. -db From the [...]

Federal appeals court upholds Stolen Valor Act

After the 9th U.S. Circuit Court of Appeals ruled the Stolen Valor Act unconstitutional in a separate case, the 10th Circuit upheld the law which prohibits lying about military awards. The opinion of the 10th Circuit judges cited a statement from a Supreme Court ruling that false statements do not get constitutional protection, “except to [...]

Study disputes Supreme Court’s reputation as First Amendment advocate

A study for the Brennan Center for Justice found that notwithstanding its reputation, the Roberts Supreme Court is ruling for free speech at a lower rate than the courts led by three previous chief justices. In responding to the study, some point out that numbers don’t tell the entire story that the court had made [...]

Free speech: Supreme Court refuses to hear commercial speech case brought by interior decorators

The U.S. Supreme Court declined last week to hear a case on commercial speech brought by interior decorators who claim that Florida is denying their free speech rights by requiring years of school, apprenticeship and an exam before a person can take clients in interior design. Lawyers for the plaintiffs argue that Florida’s law is [...]

Montana ruling challenges U.S. Supreme Court Citizens United decision

The Montana Supreme Court fired a cannon shot across the bow of the U.S Supreme Court decision Citizens United that gave political speech rights to corporations. The Montana court upheld a 1912 law passed by initiative that at the time put  restraints on copper mining interests that were dominating state politics. From the Great Falls [...]

Public wants broadcast of U.S. Supreme Court health care hearings

A recent poll showed that 72 percent of the public were in favor of allowing TV cameras into the U.S. Supreme Court hearings on the new health care law. C-Span has asked the court for permission to film the proceedings to give its audience live coverage. Several justices have voiced vehement opposition to allowing cameras [...]

Cameras issue may cause clash between Congress and Supreme Court

If Congress passes the Cameras in the Courtroom Act of 2011, the issue may ultimately wind up in the Supreme Court in a constitutional showdown. Several justices have expressed vehement opposition to allowing TV coverage of their proceedings, but many in Congress want the public to see the arguments on such crucial issues as  constitutionality [...]

Washington state: Supreme Court rules anti-gay petitioners can’t hide identities

The U.S. Supreme Court has allowed disclosure of signatures for a Washington referendum to overturn a law granting domestic partners the same rights as married couples. The opponents of gay marriage had argued that they would be subject to threats, harassment and reprisals if the signatures were released to the public. -db From the Courthouse [...]

C-SPAN asks U.S. Supreme Court to allow live broadcast of hearing on health care law

C-SPAN wants the U.S. Supreme Court to break tradition and allow live television coverage of the oral arguments next March on the constitutionality of the federal health care law. C-SPAN cited the importance of the hearings to the presidential and congressional elections. -db From SCOTUSBlog, November 15, 2011, by Lyle Denniston. Full story  

Cameras in courtrooms: Supreme Court ‘exceptionalism’ keeps public sidelined

U.S. Supreme Court Justices rationalize their refusal to allow cameras in their courtroom by citing the Court’s unique standing but never say why this exceptionalism justifies the camera ban, writes Tony Mauro for The National Law Journal. Mauro believes that the Justice’s life-long tenure, part of their unique standing, makes it even more advantageous to [...]

U.S. Supreme Court refuses to adopt rule to limit number of sealed civil cases

The U.S. Supreme Court has decided not to adopt a procedural rule to limit the number of civil cases under seal. The Court wants to rely on a new Judicial Conference policy encouraging federal judges to limit the number of sealed cases. The Reporter Committee for Freedom of the Press had suggested the rule citing [...]

Opinion: Complicated student speech case not ideal for U.S. Supreme Court

A columnist for Justia argues that the U.S. Supreme Court should not take the case of Kara Kowalski suing her high school for suspending her for the mean comments she made at home about a fellow student on MySpace. The columnist notes that Kowalski speech involved the bullying of another student so that if the [...]

U.S. Supreme Court judge chides press for ignoring law in criticizing decisions

Supreme Court Justice Antonin took on the press for criticizing the court on the basis of whether they liked the decision rather than examining the law and determining whether the court had given a reasonable interpretation of the law. -db From Politico, October 5, 2011, by M.J. Lee. Full story

U.S. Supreme Court: Woman wins right to sue over removal of hijab in holding cell

A woman from Orange County, California won a ruling from the U.S. Supreme Court allowing her to sue prison authorities for forcing her to remove her hijab in public, contrary to religious law. Lower courts had ruled that the holding cell where the woman was held was a special zone not subject to laws allowing [...]

Kenneth Starr says time is right for cameras in U.S. Supreme Court

Baylor University President and former Solicitor General Kenneth Starr writes that there are lots of good reasons to improve public access to the deliberations over vital issues by the U.S. Supreme Court. Starr notes that the current court has ruled emphatically for the First Amendment but is loathe to allow the public easy access to [...]

Free press advocate asks Supreme Court for ‘presumption of openness’ for court records

The Reporters Committee for Freedom of the Press has asked the Supreme Court to make every document in their court open to the public unless it designates otherwise. A New York Times editorial backs the suggestion noting that in the last 18 years the court has increased the practice of sealing records, a troubling trend. [...]

Opinion: Supreme Court decision sees video games as art so rightly protected speech

A Citizen Media Law Project (CMLP)  commentator sees the real issue in the recent Supreme Court decision on violent video games effects on children (Brown v. EMA) centers on whether video games are art (not subject to regulation) or activity (subject to regulation). In his decision for the majority, Judge Antonin Scalia ruled that video [...]

Free speech: Supreme Court upholds conflict of interest rules for legislators

The U.S. Supreme Court ruled 9-0 that ethics laws on conflict of interest did not violate the First Amendment rights of legislators. Writing for the court, Justice Antonin Scalia that lawmakers have a right to free speech under the Constitution but not to vote on matters in which they have a  conflict of interest. Scalia [...]

Cohen v. California cited as pillar in free speech law

Writing for the First Amendment Center, David L. Hudson Jr. says the U.S. Supreme Court’s 5-4 ruling in Cohen v. California strengthened free speech by limiting the fighting words doctrine, clarifying the difference between obscenity and profanity, making the case that offensive speech should be protected and warning that governments could ban language representing unpopular [...]

U.S. Supreme Court leaves reporter’s defamation shield in place

Courthouse News Service January 25, 2011 The U.S. Supreme Court denied review for a case in which a man sued a journalist for defamation for accurately quoting from the original complaint rather than the court decision. -db

Some justices skeptical about government’s use of state secrets doctrine

Business Week January 18, 2011 By Greg Stohr Some U.S. Supreme Court justices seemed skeptical today about the government’s use of the state secrets doctrine.  The case stems from a dispute between the Pentagon and Boeing and General Dynamics over the cancellation of a stealth fighter.  When the two contractors sued to recover about $1 [...]

First Amendment proponent says parents and others need to step up to curb violent video games

First Amendment Center President Ken Paulson argues that if the government is  to treat violence as if it were obscenity, it would have to show there are no other ways other than restrictive laws to keep violent videos away from young children. Paulson says we can take some commonsense steps to limit the effects of [...]

Chief judge of federal appeals court argues for allowing TV cameras in courtrooms

Chief Judge Alex Kozinski of the Ninth U.S. Circuit Court of Appeals wrote in the Fordham University law review that it is time to allow television cameras in courtrooms to give the public a full view of the proceedings and increase public respect for the justice system. -db San Francisco Chronicle October 8, 2010 By [...]

Supreme Court justices lean toward limiting free speech for personal, hurtful attacks

Two U.S. Supreme Court justices, both strong advocates for the First Amendment, said during a hearing of a case about protests at a Marine’s funeral that they thought people could be sued for outrageous personal attacks leading to speculation that the Court will establish a new limit to free speech. -db The Los Angeles Times [...]

U.S. Supreme Court not eager to take on technology cases

In determining their docket for this session, the U.S. Supreme Court rejected a case involving privacy of cell phones police seized affirming their reluctance to take on the constitutional issues raised by the new technology. Some speculate they are gun shy to set precedents in an area undergoing rapid change and want to wait for more [...]

U.S. Supreme Court: Justice Alito cites ‘observer effect’ in opposing cameras in court

Supreme Court Justice Samuel A. Alito Jr. said in a Des Moines, Iowa speech that he opposed televising court action because lawyers would play to the cameras. -db ABA Journal October 1, 2010 By Debra Cassens Weiss Justice Samuel A. Alito Jr. opposes televised Supreme Court arguments, and he explained why on Thursday: Lawyers would [...]

Law review publishes articles on lawsuit over religious group’s picketing of soldier’s funeral

The Cardozo Law Review de•novo has published a number of scholarly articles analyzing Snyder v. Phelps, a potentially momentous case up for hearing before the U.S. Supreme Court in October. -db Cardozo Law Review de•novo September 2010 Funerals, Fire, and Brimstone Albert Snyder won a jury verdict and a substantial monetary judgment against the Westboro [...]

Supreme Court Justice Scalia favors cameras in court

Despite his vote against allowing closed circuit broadcast of the same-sex marriage trial in San Francisco in January, Supreme Court Justice Antonin Scalia says he favors cameras in courts. -db San Francisco Chronicle September 18, 2010 By Bob Egelko Scalia is the longest-serving justice on the current court. He spoke to an auditorium filled with [...]

Federal court overturns Neb. law on flag desecration

A federal judge overturned Nebraska’s ban on flag mutilation yesterday, clearing the way for Kansas protesters to continue trampling on the U.S. flag when they protest at military funerals. September 3, 2010 By The Associated Press OMAHA, Neb. — The ruling from U.S. District Judge Richard Kopf said the law can’t be applied as long [...]

Supreme Court asked to decide whether White House has right to exclude critics from public speeches

The Supreme Court is being asked to decide whether all Americans, including the president’s critics, have a right to attend his public speeches, or whether the White House retains the right to screen out dissenters. McClatchy-Tribune September 1, 2010 By David G. Savage WASHINGTON – While the current administration says it does not screen out [...]

Campus newspapers ask high court to overturn alcohol-ad ban

The ACLU of Virginia has asked the U.S. Supreme Court to review a federal appeals court ruling that upholds a ban on alcohol advertising in Virginia’s college newspapers. August 25, 2010 By The Associated Press RICHMOND, Va. —In a 2-1 ruling in April, a panel of the 4th U.S. Circuit Court of Appeals concluded that [...]

Political yard signs should enjoy First Amendment protection

First Amendment scholar David Hudson argues that local governments should not attempt to ban political campaign signs on aesthetic grounds or to promote safety. Ordinances banning signs on private ground take away a venerable and crucial avenue of expression in our democracy. -db First Amendment Center Commentary August 2, 2010 By David L. Hudson Jr. [...]

Anti-Gay Church Prepares For US Supreme Court Case

Members of a Kansas church sued for protesting outside a Marine’s funeral are gearing up to present their case to the U.S. Supreme Court in October. News August 4, 2010 By The Associated Press TOPEKA, Kan. (AP) ― The high court is scheduled to hear arguments Oct. 6 in the case of Westboro Baptist Church, [...]

Briefs filed supporting right to protest funerals

Supporters of a fundamentalist church’s right to protest at funerals have filed seven briefs to the U.S. Supreme Court. News July 15, 2010 By AP Members of the Westboro Baptist Church in Topeka, Kan., picket military funerals around the country. They argue that U.S. military  deaths are God’s punishment for tolerance of homosexuality. Albert Snyder [...]

Media, Humane Society of the U.S. clash in free speech case

The U.S.  Supreme Court has tossed out a federal statute that outlaws the depiction of animal cruelty. -SMD The Lakeland Times July 9, 2010 Commentary By Richard Moore In a major decision concerning First Amendment rights, and in which major media organizations clashed with animal-rights groups such as the Humane Society of the U.S., the [...]

Kagan renews call for cameras in Supreme Court

Cnet News says the time has come for the Supreme Court to join the 21st Century and allow live streaming video of oral arguments. -db Cnet News Commentary June 30, 2010 By Declan McCullagh The idea of opening up U.S. Supreme Court oral arguments to cameras received a welcome endorsement this week from Elena Kagan, [...]

First Amendment: State attorneys general sign ‘friend of court’ brief in Marine funeral suit

Nearly every state in the union is backing the family of a Marine in a Supreme Court case pitting the rights of the Westboro Baptist Church to picket their son’s funeral against the family’s right to privacy. -db ABC News May 31, 2010 By Devin Dwyer WASHINGTON, D.C. – Forty-eight states and the District of [...]

First Amendment: State attorneys general sign ‘friend of court’ brief in Marine funeral case

Nearly every state in the union is backing the family of a Marine in a Supreme Court case pitting the rights of the Westboro Baptist Church to picket their son’s funeral against the family’s right to privacy. -db ABC News May 31, 2010 By Devin Dwyer WASHINGTON, D.C. – Forty-eight states and the District of [...]

Public interest groups ask U.S. Supreme Court to overturn ruling they claim detrimental to Freedom of Information Act

The Reporters Committee for Freedom of the Press joined other public interest groups in filing a brief asking the Supreme Court to overturn a Third Circuit opinion that would extend privacy rights to corporations, potentially limiting investigations into such disasters as the West Virginia mining deaths and the gulf oil spill. -db Reporters Committee for [...]

Next Page »