Category: Cases
03/12/10
A three judge panel from the Ninth Circuit Court of Appeals, reversing its earlier decision, ruled that the phrase "under God" in our Pledge of Allegiance does not violate the Establishment Clause of our First Amendment.Two members of the panel thoug… more »
03/11/10
In a bit of low scoring mental gymnastics a three judge panel from the Ninth Circuit Court of Appeals says dicta in County of Allegheny v. ACLU, 492 U.S. 573, 602-03 (1989) is not inconsistent with Aronow v. United States, 432 F.2d 242 (9th Cir. 1970) wh… more »
03/10/10
Danish newspapers should continue publishing the cartoons parodying the violence advocated in the name of the prophet Mohammad until Danish authorities have locked up all those using violence to suppress ideas they find offensive.Muslim clerics and f… more »
Last week our Supreme Court decided Citizens United v. Federal Election Commission, a monstrous 5-4 opinion unconvincingly1 characterizing our corporations as associations of citizens entitled to First Amendment political speech rights, limited only by d… more »
03/08/10
Periodically cases come along to remind us that possessing our precious First Amendment rights is not synonymous with responsible exercise of those rights for a non-pernicious or beneficial purpose1.Such is the case of Snyder, Albert v. Phelps, Fred… more »
02/21/10
In a closely watched case, Doe v. Gonzales, United States District Court Judge Victor Marrero has declared the "gag provision" of the Patriot Act unconstitutional1.“… the Court concludes that § 2709(c) is unconstitutional under the First Amendment beca… more »
02/18/10
Originally Published October 14, 2008; Last Updated and Republished August 04, 2009:"Experts say U.S. teenagers who post nude photos of themselves on the Internet or send them out in e-mails do not realize how public they can become."--UPI-- Wond… more »
01/29/10
An American judge that feels compelled to decorate his courtroom with the 10 commandments likely does not have the required judicial temperament to be a judge and should be remove from the bench. This is particularly true for any judge redecorating their… more »
01/12/10
The ACLU has filed a speech case that reveals how far we are from realizing the full potential and promise of our beautiful First Amendment. Our nation, the world's preeminent defender and champion of free speech, is in the relative Dark Ages.Colonel… more »
12/13/09
Our Supreme Court has begun what promises to be a fascinating decades long journey aimed at trying to rebalance religious speech and related concepts. Its lastest case Christian Legal Society (CLS) v. Martinez (wma)1 (Hastings Law School; 08-1371) pr… more »
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