Attorney News 2012/06/29 09:56
The Supreme Court on Thursday struck down a federal law making it a crime to lie about receiving the Medal of Honor and other prized military awards, with justices branding the false claim "contemptible" but nonetheless protected by the First Amendment.
The court voted 6-3 in favor of Xavier Alvarez, a former local elected official in California who falsely said he was a decorated war veteran and had pleaded guilty to violating the 2006 law, known as the Stolen Valor Act. The law, enacted when the U.S. was at war in Afghanistan and Iraq, was aimed at people making phony claims of heroism in battle.
The ruling, written by Justice Anthony Kennedy, ordered that the conviction be thrown out.
"Though few might find respondent's statements anything but contemptible, his right to make those statements is protected by the Constitution's guarantee of freedom of speech and expression. The Stolen Valor Act infringes upon speech protected by the First Amendment," Kennedy said.
The high court has in recent years rejected limits on speech. The justices struck down a federal ban on videos showing graphic violence against animals and rejected a state law intended to keep violent video games away from children. The court also turned aside the attempt by the father of a dead Marine to sue fundamentalist church members who staged a mocking protest at his son's funeral. In 1989, the court said the Constitution protects the burning of the American flag.
Headline Legal News 2012/06/29 09:55
The Supreme Court has turned down media companies' plea to lift a prohibition on owning both a newspaper and a television station in the same market.
The justices on Friday denied the companies' appeal without comment. The media outlets say the restrictions no longer make sense in the Internet era.
The appeal also sought to get rid of other ownership limits including how many local television stations one company can control.
The companies say the rules make it harder for broadcasters and newspapers to do business and respond to competitors on the Internet, satellite and cable — entities which don't face the same restrictions.
Critics of media consolidation have warned of the dangers of too many media outlets falling under the ownership of a handful of large corporations.
Topics in Legal News 2012/06/21 11:58
The Supreme Court ruled Thursday that unions must give nonmembers an immediate chance to object to unexpected fee increases or special assessments that all workers are required to pay in closed-shop situations.
The court ruled for Dianne Knox and other nonmembers of the Service Employees International Union's Local 1000, who wanted to object and opt out of a $12 million special assessment the union required from its California public sector members for political campaigning. Knox and others said the union did not give them a legally required notice that the increase was coming.
The union, and the 9th U.S. Circuit Court of Appeals, said the annual notice that the union gives was sufficient. The high court disagreed in a 7-2 judgment written by Justice Samuel Alito.
"When a public-sector union imposes a special assessment or dues increase, the union must provide a fresh ... notice and may not exact any funds from nonmembers without their affirmative consent," Alito said.
Justices Sonia Sotomayor and Ruth Bader Ginsburg agreed with the judgment but wrote their own opinion. "When a public-sector union imposes a special assessment intended to fund solely political lobbying efforts, the First Amendment requires that the union provide non-members an opportunity to opt out of the contribution of funds," Sotomayor wrote.
Court Watch 2012/06/19 09:48
A New Yorker accused of trying to start what prosecutors called "a mini al-Qaida cell" pleaded guilty Monday to federal charges of conspiracy and providing material support to a terrorist organization.
An indictment had alleged that Wesam El-Hanafi pledged loyalty to al-Qaida and sought to teach the terror group how to evade detection on the Internet after he went to Yemen in 2008.
The Brooklyn-born El-Hanafi admitted in federal court in Manhattan to having conversations in 2009 with a co-defendant about "seeking out additional contacts within al-Qaida." The co-defendant, Sabirhan Hasanoff, pleaded guilty to similar charges earlier this month.
Prosecutors had portrayed the two U.S. citizens as a new, more sophisticated breed of homegrown terrorist: Both had earned college degrees and landed well-paying jobs before trying to share their expertise with al-Qaida.
Headline Legal News 2012/06/18 12:36
The Supreme Court says the government must fully reimburse Native American tribes for money they spent on federal programs.
The federal government had agreed to fully reimburse money tribes spent on programs like law enforcement, environmental protection and agricultural assistance, but Congress capped the amount of money earmarked for that reimbursement. The tribes sued, and the 10th U.S. Circuit Court of Appeals in Denver said the money must be fully reimbursed.
The high court on Monday said the Ramah Navajo Chapter and other Native American tribes must get their money back.
Justice Sonia Sotomayor wrote the majority opinion for Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Elena Kagan. Chief Justice John Roberts, and Justices Ruth Bader Ginsburg, Stephen Breyer and Samuel Alito dissented.
Topics in Legal News 2012/06/15 10:52
The U.S. attorney's office in Connecticut says a Puerto Rican nationalist who's one of the last people charged in a $7 million armored car depot robbery in 1983 has agreed to plead guilty.
Federal prosecutors didn't give details Thursday of the deal with Norberto Gonzalez Claudio. His attorney hasn't responded to requests for comment.
The U.S. attorney's office says a hearing is scheduled for Friday in U.S. District Court in Hartford.
Gonzalez is not accused of directly participating in the West Hartford heist. He has pleaded not guilty to charges including bank robbery, conspiracy and transportation of stolen money. He was captured in Puerto Rico last year.
The robbery was orchestrated by Los Macheteros, a group that claimed responsibility for robberies, murders and bombings in the 1970s and '80s in the name of Puerto Rican independence.