First Amendment

Historians Seek Grand Jury Transcripts in Rosenberg Spy Case

The sons of Ethel and Julius Rosenberg are supporting a group of historians seeking release of transcripts from the grand jury investigation into the couple’s spying for the Soviet Union. The National Security Archive filed the petition (PDF) for the transcripts in an effort to uncover more information about the…

Feb 1, 2008 3:31 PM CST

Judge Changes Mind, Allows Media to View Defendant’s Taped Statement

A Florida judge changed her mind and allowed members of the media and the public to view a videotaped statement of a suspect accused of killing a homeless man. Fort Lauderdale Judge Cynthia Imperato initially told the media they would not be able to see the DVD, but reversed herself…

Jan 31, 2008 7:14 PM CST

Lerach Wants Sentencing Brief Sealed

Securities class-action lawyer William Lerach hasn’t been shy about his opinions on issues such as sweetheart deals for corporate CEOs and the federal government’s policing of insider trading. He wrote newspaper commentaries on those subjects, but now he wants to keep his legal brief secret regarding his sentence for paying…

Jan 31, 2008 4:15 PM CST

Lawyer: Lynne Stewart’s Material Support Conviction Violated First Amend’t

A lawyer for disbarred lawyer Lynne Stewart claimed in appellate arguments yesterday that his client’s release of a statement by an imprisoned sheik was protected by the First Amendment. Stewart was convicted in 2005 of providing material support to terrorists by passing messages from her imprisoned client, Sheik Omar Abdel…

Jan 30, 2008 2:42 PM CST

Ariz. Drivers Can Get ‘Choose Life’ Plates

The 9th U.S. Circuit Court of Appeals said today that Arizona motorists can have specialty state license plates that contain anti-abortion messages. The unanimous decision (PDF) by the San Francisco-based court reverses rulings by a federal trial judge and Arizona’s License Plate Commission, according to Capitol Media Services. The Arizona…

Jan 28, 2008 8:01 PM CST

Disbarred Lawyer Lynne Stewart Argues Limiting Instructions Overwhelmed Jurors

A federal appeals court will hear arguments tomorrow in the case of disbarred lawyer Lynne Stewart, convicted of giving material support to terrorists for helping an imprisoned sheik pass messages to his followers. Stewart is seeking to overturn her sentence, while prosecutors are arguing her 28-month jail term is too…

Jan 28, 2008 4:07 PM CST

Citizen-Launched Kan. Grand Juries Pursue Abortion & Porn Cases

An almost-forgotten law in Kansas that allows citizens to convene grand juries reportedly has become a tool for local conservatives to use to force prosecutors to pursue abortion and pornography cases. A citizen petition drive, for instance, impaneled a grand jury earlier this month to investigate Dr. George Tiller, who…

Jan 18, 2008 6:29 PM CST

Kucinich Back in Court, This Time Over Texas Ballot Access

Updated: Democratic presidential candidate Dennis Kucinich appears to be getting as much attention for his recent legal efforts as he is for his political views. Kucinich is teaming up with country music star Willie Nelson in an effort to bar enforcement of a loyalty oath requirement that is keeping the…

Jan 18, 2008 3:27 PM CST

Shunned Worshippers File Suit, With Mixed Results

As more evangelical churches return to the practice of disciplining errant members, some shunned worshippers are taking the disputes to court. More than two dozen lawsuits related to church discipline have been filed in the past decade, the Wall Street Journal reports (sub. req.), relying on information from the Religion…

Jan 18, 2008 3:03 PM CST

Trial Allowed in Prisoner Challenge to Media Policy

A federal appeals court is allowing a challenge to a federal policy that bans death row inmates from holding face-to-face interviews with journalists. Death-row inmate David Paul Hammer claims the ban violates his First Amendment rights. The Bureau of Prisons said security concerns justified the ban, but Hammer argued the…

Jan 17, 2008 4:39 PM CST

San Diego OKs $750K Attorney Payment to Settle Cross Case

The city council of San Diego has agreed to pay a plaintiff’s lawyer $750,000 to settle his legal bill for representing an atheist in a lengthy lawsuit over the placement of a large cross on city land. The 6-2 vote doesn’t completely settle the 1989 constitutional case, however, according to…

Jan 17, 2008 12:57 AM CST

Supreme Court Upholds New York’s Judge Selection System

The U.S. Supreme Court has upheld New York’s party-controlled system for choosing trial judges, saying there is no constitutional right to a fair shot at winning a nomination. Under the state’s unique system, voters choose convention delegates who then choose the judicial candidates, the Associated Press reports. Often they face…

Jan 16, 2008 4:22 PM CST

Nevada High Court Rules Against Kucinich in Debate Suit

Dennis J. Kucinich has lost his legal bid to remain in yesterday’s Democratic debate. The Nevada Supreme Court ruled yesterday less than an hour before the scheduled debate, the Las Vegas Review-Journal reports. The court said Judge Charles Thompson of Las Vegas abused his discretion when he ruled MSNBC had…

Jan 16, 2008 11:34 AM CST

Court to Hear ‘Millionaire Amendment’ Campaign Finance Case

The U.S. Supreme Court has agreed to review the so-called millionaire’s amendment, which permits candidates to accept larger campaign contributions when self-financed opponents spend heavily. Candidate Jack Davis, who lost a congressional race in New York last year despite spending $2.2 million of his own money, claims the amendment violates…

Jan 11, 2008 8:24 PM CST

Judge Orders Divorcing Blogger to Take Down Posts on Marriage

A Vermont judge has ordered a divorcing spouse to take down all his Internet postings about his wife and their marriage, surprising some First Amendment experts. The lawyer for blogger William Krasnansky contends the order by Judge Thomas Devine violates her client’s right to free speech, the New York Times…

Jan 10, 2008 5:03 PM CST