Justice Sonia Sotomayor’s Free-Speech Tests

250px-Sonia_Sotomayor_in_SCOTUS_robeBelow is today’s column on the first day of the October Term for the Supreme Court. It specifically explores the first amendment cases on the docket. There are four major such cases thus far on the docket and, most importantly, two free speech cases that will be strong indicators of the views of Justice Sonia Sotomayor.

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Criminal Tweets: Man Arrested for Twitter Messages During G20 Protests

200px-Twitter_logo.svgElliot Madison, 41, is the subject of an intriguing — and in my view compelling — constitutional fight with both federal and state authorities. A self-described anarchist, Madison was arrested for using Twitter to send messages on the location of police during the G20 protests. Pittsburgh has been accused of excessive measures and this case appears to be one such case.

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Love Stuff in Alabama: Supreme Court Rules Morality Can Be Constitutional Basis for Product Bans

150px-Flag_of_Alabama.svgAlabama Supreme Court has joined the debate over morality being the sole basis for legislative restrictions on citizens. The court upheld the state ban on the sale of sex toys purely on the basis that such toys are viewed as immoral. Since Lawrence v. Texas, such morality based laws have been questioned on constitutional grounds. For a prior column, click here.
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Breach Birth: Federal Court Rules Prison Guard Does Not Have Qualified Immunity After Shackling Prisoner During Labor

co_smThere is a disturbing and important ruling out of the United States Court of Appeals for the Eighth Circuit. In the prisoner case below, Nelson v. Correctional Medical Services, the court examined whether a prisoner guard is entitled to qualified immunity when she shackles a female prisoner during labor despite the objections of the medical staff. Arkansas corrections officer Patricia Turensky was found not to be entitled to such protection for her actions in shackling inmate Shawanna Nelson. The decision was handed down on October 2, 2009.

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Polanski Agreed to Pay Victim $500,000 in 1993 Despite Professing His Love for Young Girls

230px-polanskiiffkvThere are reports this week detailing a 1993 agreement of Roman Polanski to pay Samantha Geimer $500,000 in damages for raping her when she was thirteen. It is an interesting twist in the case because Geimer later said that she forgave Polanski and advocated that charges be dropped. The agreement came 16 years after the rape when Polanski was living as a fugitive and trying to come home.
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How to Die a Virgin in Egypt: Leading Scholar Calls for the Execution of Women Buying Kits to Fake Virginity

150px-muslim_woman_in_yemenAbdul Mouti Bayoumi, a well-known and influential scholar in Egypt, has called for the execution of women who buy female virginity-faking kits. Since such kits help conceal vice, he argues, their use should be a death-penalty offense under Sharia law. Continue reading “How to Die a Virgin in Egypt: Leading Scholar Calls for the Execution of Women Buying Kits to Fake Virginity”

Two Iranian Protesters Go Public With Allegations of Rape While in Custody

250px-flag_of_iransvgThe Iranians have faced rape charges recently in cases of women facing execution as well as the rape of protesters. Now, two protesters have come forward to publicly allege that they were raped as a form of extrajudicial punishment while in Iranian jails following the demonstrations over of the disputed presidential election.
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In a Pickle: Ontario Police Dismiss Investigation Because Officers Involved in Questionable Shooting Withheld Contemporary Notes or Accounts of their Actions

chiefroddThere is a fascinating case in Ontario, Canada this week. Levi Shaeffer, 30, was shot dead by Peterborough police officers when he was camping near Pickle lake. He had not committed any crimes and was simply camping on an island. However, an investigation was terminated because the officers involved in the shooting did not write down contemporary accounts of the shooting after meeting with counsel. Chief Murray Rodd, however, insists on the department website that “[w]e are truly dedicated to our core values to be the best Police Service, providing the highest standard of professionalism in partnership with our community.” They might want to start with writing down accounts of shooting campers.

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Beating Bambi: Ohio Woman Sentenced For Beating Fawn To Death With Shovel

urlDorothy Richardson, 76, has been sentenced to 80 hours of community service after being arrested for beating a baby deer to death in her garden in Euclid, Ohio — just outside of Cleveland. She will also pay a $500 fine and have to watch the movie Bambi 1000 times (OK, just the community service and the fine).
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Decoupling the Staple Story: New York Jurist Challenges Account Over Negligent Stapling Story

gavel2180px-StaplerKMJudge Charles J. Markey is asking for a public rehearing. The New York Law Journal and the ABA Journal ran a story detailing how Markey allegedly denied a motion or dismissed a case due to improper stapling. The story was picked up on various legal blogs, including this blog. However, Markey has written a letter to the editor insisting that the facts have been distorted and that this was no “case of first impression” of dismissal for negligent stapling. He seems to have a case.
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Texas Judge Rules Gay Men Can Secure Divorce in Texas — Rules Texas Same-Sex Marriage Unconstitutional

clip_image001_0000In what could be an important challenge to same-sex marriage laws, District Judge Tena Callahan has ruled that two gay men married in Massachusetts may divorce in Texas. In so doing, Judge Callahan ruled the state same-sex marriage law to be unconstitutional.
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Will Toucan Sam Sing on the Stand? Man Sues Kellogg’s Over Fruitless “Froot”

FrootloopsboxRoy Werbel was shocked, shocked when he found no fruit in his froot loops. Werbel is suing Kellogg’s because he believed Toucan Sam when he declared: “Follow my nose! It always knows! The flavor of froot! Wherever it grows!” Werbel insists that he reasonably assumed “froot” was “fruit.”
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