Category: Constitutional Law

Right-Wing Internet Host At Center of Violent Speech Case

The conviction of right-wing Internet radio host Harold C. Turner of threatening three federal judges sets the stage for an interesting appellate fight over the first amendment. The case involving some of the best known Seventh Circuit judges — William J. Bauer, Frank H. Easterbrook and Richard A. Posner — was heard in New York by a Brooklyn jury. Two prior trials led to mistrials.
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Proposition 8 Struck Down Under Rational Basis Test

The decision by United States District Court Judge Vaughn Walker striking down Proposition 8 in California is a fascinating read. It is also an opinion that is likely to trigger not only a furious appeal but a renewed demand for a constitutional amendment barring same sex marriage.
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Utah Supreme Court Overturns Jeffs Conviction

The Utah Supreme Court has unanimously overturned the conviction of polygamist leader Warren Jeffs. The Court ruled that the trial court erred in its instructions to the jury and specifically the instruction regarding lack of consent. Jeffs was sentenced to two consecutive terms of five years to life (a rather bizarre range for a determinate sentence).

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D.C. Judge Hits NLJ With Prior Restraint Order

There is a major first amendment case brewing in Washington, D.C. The National Law Journal was hit with a temporary restraining order from D.C. Superior Court Judge Judith Bartnoff preventing it from publishing facts that its journalists found in publicly available documents. The court blocked the NLJ from revealing the name of a government agency investigating POM Wonderful, a pomegranate juice maker. After signing what appears to be an unconstitutional order, Bartnoff is quoted as saying “If I am throwing 80 years of First Amendment jurisprudence on its head, so be it.”
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Tennessee Lt. Governor Questions Whether Muslims Are Protected Under Religious Clauses

Tennessee Lt. Gov. (and Republican gubernatorial candidate) Ron Ramsey has added an alarming new position to the race. He has stated that he is not convinced the Constitution protects Muslims under the guarantee of freedom of religion.

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England Backs Down From Extending Anonymity To Rape Defendants

In a reversal under pressure, the English Justice Ministry has decided that it will not treat both the accused and the accusing parties in rape cases equally. The Ministry had indicated that it would grant anonymity to those accused of rape just as the alleged victims are given anonymity. Under pressure from both the Labour Party and female MPs, the Ministry has backed down.

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Health Care: Turns Out To Be A Tax After All

If you recall, one of the most steadfast public positions of the Democrats and the Obama White House during the health care debate was that the legislation did not constitute a tax. President Barach Obama expressly denied that the legislation was a tax in pushing for its approval. Now, however, his administration is seeking to defend the law on the basis that it is . . . you guessed it . . . a tax.

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