Does someone who wants to be a judge have a First Amendment right to hit people up for campaign money? Thankfully, the U. S. Supreme Court says “no,” in a 5-4 decision filed April 29. The Court’s split decision will hopefully keep the most unseemly aspects of money-raising out of…
First Amendment Lawyer Blog
Swastika Display Triggers Hate Speech Debate
A Sacramento man’s display of a swastika on his front lawn has triggered a hate speech debate in California. State Senator Marty Block (D-San Diego) was joined by a group of veterans, community leaders and fellow legislators February 26 in Sacramento urging the homeowner to remove the swastika from his…
High Court Protects Public Employee Whistleblowers
The U. S. Supreme Court has taken a step in the right direction for public employee whistleblowers. The Court’s June 19 decision in Lane v. Franks reiterates that citizens don’t surrender First Amendment rights by accepting public employment and that First Amendment protection of a public employee’s speech requires balancing…
Will Congress Shield News Media?
Will Congress step in where the U. S. Supreme Court decided not to tread? That’s the question facing the news media and advocates of the so-called Free Flow of Information Act now that the U. S. Supreme Court in early June decided not to hear a case involving New York…
Can Smartphones Conceal Officials’ Dumb Comments?
Public officials who say something stupid or corrupt often don’t use their work computer. The device du jour for sending incriminating or embarrassing messages has become the “personal” computer or smartphone. Recent revelations of such incriminating or embarrassing e-mails by aides to Governor Chris Christie of New Jersey and Scott…
California Regents Coddle Billionaires
Income inequality is one of the biggest issues in the country. The University of California Regents recently joined that issue squarely on the side of the billionaires, and against everyone else — including taxpayers — in a case involving the degree of transparency which should be allowed into the university’s…
Bloggers Protected Like Other Journalists
What’s the difference between a blogger and an old-fashioned ink-stained newspaper reporter? Not much, according to a January 17 court ruling from the federal Ninth Circuit Court of Appeals. Ruling on what it called a “question of first impression” on the First Amendment protections afforded a blogger sued for defamation,…
Court Strikes Down Law Banning Lies About Medals
The Supreme Court’s ruling upholding President Obama’s Affordable Care Act wasn’t the only split decision it handed down on June 28. The Court also made a major First Amendment ruling, striking down the “Stolen Valor Act of 2005,” which makes it a crime to lie about having received the Congressional…
Final Shot Fired in California Pension Transparency Battle?
A Los Angeles judge has issued what may be the last ruling in a years-long battle for pension transparency in California. Superior Court Judge James Chalfant held on November 15 that the Los Angeles Times is entitled to know not just the names and pensions of retired Los Angeles County…
“Stolen Valor” Case Poses Free Speech Test
The U. S. Supreme Court will soon hear a case which could do major damage to First Amendment free speech protections. The case, U. S. v. Alvarez, involves the “Stolen Valor Act,” a 2005 law which makes it a crime to lie about having received a military medal of honor.…