Sixth Circuit Hears Argument On Blog Liability For Defamatory Comments Over Ex-Bengals Cheerleader

250px-Cincinnati_Bengals.svgUS-CourtOfAppeals-6thCircuit-SealThere is an important case pending before the United States Court of Appeals for the Sixth Circuit on liability over Internet speech for blogs and websites. The court heard arguments in Jones v. Dirty World Entertainment, where gossip blog, The Dirty, is appealing the decision of U.S. District Judge William Bertelsman that the site is liable of defamatory statements by third parties and cannot claim immunity under the Communications Decency Act, 47 U.S.C. § 230. The site was sued by Sarah Jones, an ex-Bengals cheerleader and a former high school teacher in northern Kentucky, who was libeled on the site by commentators.

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Airlines Prevail In The Second Circuit In Avoiding Clean Up Costs For 9-11 Attacks

220px-N334AA_B767-223ER_American_MAN_08APR01_(6839074488)220px-Boeing_767-222,_United_Airlines_AN0188143The United States Court of Appeals for the Second Circuit has handed down a major decision on responsibility for 9-11 liability. In a decision by Judge Dennis Jacobs, a panel ruled that American Airlines, United Airlines and the World Trade Center leaseholder are not liable for environmental cleanup costs for the attacks in New York City. It is not the conclusion but the rationale that raises concerns about the immunity decision. The panel ruled that none of these parties were responsible for the attacks because it constitutes an act of war. That rationale negates the obvious responsibility of not just the government in ignored numerous indicators of the attacks but the refusal of the airlines to take rudimentary security changes advocated for years such as secure cockpit doors and flight protocols. The decision is In Re September 11 Litigation, 2014 U.S. App. LEXIS 8293.

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California To Require New Lawyers To Swear To Civility In Practice

William_Ballantine_Vanity_Fair_5_March_1870_(crop)We often discuss civility on this blog and we have had some serious challenges to our rule from those who have denounced civility as a standard, including the hosts of some blogs. Indeed, we have discussed the gradual decline of civility and courtesy in society from sporting events to television. Now the California bar is taking a commendable stand and requiring new lawyers to take an oath to behave with “dignity, courtesy and integrity.” That may surprise you if you assumed that such a commitment is already express in the oath of lawyers in all states. It is not and the change was a direct response to what the California bar found was (much like our own experience) a rapid decline in civility among lawyers.

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The Hobby Lobby Bible Curriculum and the Constitution

By Mike Appleton, Weekend Contributor

“It certainly may be said that the Bible is worthy of study for its literary and historic qualities.”

Abington School District v. Schempp, 374 U.S. 203, 225 (1963) (Justice Clark)

“The nation is in danger because of its ignorance of what God has taught. . . . If we don’t know it, our future is going to be very scary.”

-Steve Green, Templeton Biblical Values Award acceptance speech, April 15, 2013.


 

The three children of Edward and Sidney Schempp attended public school in Abington, Pennsylvania in the 1950s. A Pennsylvania statute in effect at the time mandated that, “At least ten verses of the Holy Bible shall be read, without comment, at the opening of each public school on each school day. Any child shall be excused from such Bible reading, or attending Bible reading, upon the written request of his parent or guardian.” The readings were followed by recitation of the Lord’s Prayer and the Pledge of Allegiance.

Mr. and Mrs. Schempp, as practicing Unitarians, objected that various doctrines contained in the readings violated their religious beliefs and sought to enjoin the exercises as a violation of the Establishment Clause. The Supreme Court agreed, finding that the Pennsylvania law violated the principle of “strict neutrality” required under the First Amendment. Abington School District v. Schempp, 374 U.S. 203 (1963).

But while the Court found the statute unconstitutional due to its openly sectarian character, it emphasized that its ruling did not preclude entirely the use of the bible as a valuable educational source. “Nothing we have said here indicates that the study of the Bible or of religion, when presented objectively as part of a secular program of education, may not be effected consistently with the First Amendment.” 374 U.S. at 225. The test of constitutionality, said the Court, is whether a statute has “a secular legislative purpose and a primary effect that neither advances nor inhibits religion.” 374 U.S. at 222.

In the years since the Schempp decision, a variety of academic programs incorporating the bible have been successfully implemented in public schools in a number of states. But there is about to be one more, and the early indications are that this one won’t pass constitutional muster. Continue reading “The Hobby Lobby Bible Curriculum and the Constitution”

Presence of Militia Groups Who Support Cliven Bundy Alarming Some Nevada Residents and Hurting Businesses

Submitted by Elaine Magliaro, Weekend Contributor

It appears that the militia groups who arrived in Nevada to support Cliven Bundy with his standoff against the Bureau of Land Management have become a cause of concern for some residents, workers, and businesses in the area surrounding Bunkerville.

Horsford talks Bunkerville militia presence with Rachel Maddow

KLAS-TV/News NOW (Las Vegas) reported on April 29th that hotels in Mesquite had suffered financial losses of more than $100,000 due to concerns about armed militia groups patrolling in the area. News NOW learned that Mesquite police were investigating death threats made to hotel workers following a bomb threat earlier in April.

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Egyptian Judge Wishes Three Reporters A Happy World Press Freedom Day Then Denies Them Bail

By Darren Smith, Weekend Contributor

Flag of EgyptThree al-Jazeera reporters were in court for a hearing in Cairo, Egypt where a judge wished them a Happy World Press Freedom Day before denying them bail and remanding them for further proceedings beginning May 15th.

The defendants, al-Jazeera English’s Cairo Bureau Chief Mohamed Fahmy, Reporter Peter Greste, and Producer Baher Mohamed have been incarcerated since December and are accused of creating false news, slandering Egypt’s reputation, and aiding terrorists. Prosecutors have been attempting to show that al-Jazeera is aiding the banned organization the Muslim Brotherhood, which is considered an enemy of the state.

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The Arizona Solar Tax and Who Benefits From It

300px-Solar_Plant_kl

Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

When I think of places that would be ideally suited for taking advantage of solar power, Arizona is high on the list.  There are approximately 20,000 Arizona buildings utilizing solar collection technology to replace or supplement normal power sources. However, that number may soon decrease if a new “solar tax” is implemented.

“A new interpretation of state law in Arizona could force customers to pay property taxes on leased solar panels. In a state with an estimated 20,000 solar customers and 85 percent of new solar installations being leased systems, the implications of an extra charge are tremendous. The new tax could result in an additional $152 per year for a residential solar array and even more for larger installations, the Arizona Republic reported. What’s more, the tax would apply to both new and existing customers.” Think Progress

At first glance, I guess it should not surprise anyone that a new tax may be initiated.  However, when that tax is a tax on solar panels on commercial and residential buildings and includes solar panel arrays that are leased, it raised some eyes in Arizona.  Why would the State of Arizona decide on a tax on the collection of power of the sun?  The answer may surprise you. Continue reading “The Arizona Solar Tax and Who Benefits From It”

La Maison Des Journalistes: A French Refuge For Exiled Journalists

By Darren Smith, Weekend Contributor

La Maison Des JournalistesIn honour of World Press Freedom Day, we bring to you la Maison des Journalistes (MDJ), a French non-profit organization that offers shelter and support to journalists forced to flee their home countries. The MDJ was founded in 2002, and has since housed more than 250 journalists from 54 different countries. Maison des journalists offers courageous journalists a temporary home and the help they need to rebuild their lives.

The first role of the organization is to recognize individual journalists and the sacrifices they have made in the name of press freedom and human rights. It works to ensure that they are not forgotten or left to their own devices upon arrival in a foreign country, whose language many of our residents do not speak. Men and women come to the Maison des Journalistes during a particularly difficult time in their lives and many are dealing with serious physical and psychological scars.

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Increasing Support In Japan For Changing Pacifism Article In Constitution

By Darren Smith, weekend contributor

Flag of JapanJapanese voters are split over changing the country’s pacifist constitution, in order to allow Japan to ease limits on the military, according to a recent poll. About 50 percent of voters want Japan to be able to exercise its right to self-defense in case of an international conflict, while almost 90 percent of lower house lawmakers back the change.

The survey was made by the Asahi newspaper and a University of Tokyo research team. It showed that half of the voters want the revising of the constitution, up from 41 percent in 2009.

Japan’s prime-minister Shinzo Abe made clear he wants to change the constitution in order to give more power to the military. The constitution has never been changed since it was drafted by the United States Occupation forces in 1947, after the World War Two.

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Burglar Steals Everything Including The Kitchen Sink

By Darren Smith, Weekend Contributor

Kitchen Sink
Is nothing sacred anymore?

Everything has been stolen — including the kitchen sink — from the kitchen of a model house in Kansas.

Police say thieves stripped the kitchen of the Clayton Homes unit in south Wichita, taking all the upscale appliances, the wooden cabinets from the walls and, of course, the sink.

General manager Kevin McCracken says the model unit was nearly ready for display when the theft occurred, sometime between 9 p.m. Sunday and 8 a.m. Monday.
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May Third Is World Press Freedom Day

World Press Freedom Day
By Darren Smith, Weekend Contributor

In honor of the day first proclaimed by the United Nations General Assembly in 1993 at the recommendation of UNESCO, and to garner attention to how press freedom fares twenty years later, Deutsche Welle has compiled a series highlighting the issues journalists and the public generally are facing.

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Indiana Police Officer Under Investigation For Abusing Of K-9 Dog

3626237_GA Hammond Police K-9 officer is on administrative leave this week after the YouTube video was posted by a citizen who saw him striking a K-9 dog and lifting the dog by the leash off the ground repeatedly. The officer lifts the German Shepard by the leash and appears to be striking the dog with another leash in the stomach area.

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