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High court weighs policy against curse words on TV
Legal News | 2012/01/09 09:55
The Supreme Court is considering whether government regulators may still police the airwaves for curse words and other coarse content at a time when so many Americans have unregulated cable television, and the Internet is awash in easily accessible adult material.

The justices are hearing arguments Tuesday in a First Amendment case that pits the Obama administration against the nation's television networks. The material at issue includes the isolated use of expletives as well as fines against broadcasters who showed a woman's nude buttocks on a 2003 episode of ABC's NYPD Blue.

The broadcasters want the court to overturn a 1978 decision that upheld the Federal Communications Commission's authority to regulate both radio and television content, at least during the hours when children are likely to be watching or listening. That period includes the prime-time hours before 10 p.m.

At the very least, the networks say the FCC's current policy is too hard to figure out, penalizing the use of particular curse words on awards programming but not in the airing of the movie Saving Private Ryan, for example.

The administration said that even with the explosion of entertainment options, broadcast programming remains dominant. It also needs to be kept as a dependable safe haven of milder programming, the administration said.


Court hearings resume in Jefferson bankruptcy case
Legal News | 2012/01/05 09:39
Court hearings in Jefferson County's record-setting bankruptcy filing are scheduled to resume Thursday. The Birmingham News reports that U.S. Bankruptcy Judge Thomas Bennett is expected to consider a variety of motions.

Jefferson County filed the largest municipal bankruptcy in U.S. history last year over more than $4 billion in debt. Most of the debt stems from borrowing to pay for upgrades to the county's sewer system.

This week, a group of Alabama lawmakers, Jefferson County commissioners and health care professionals met privately to discuss ways to address the county's general fund crisis and other matters.

The Birmingham News reports the three-hour meeting at Vestavia Hills City Hall included Commission President David Carrington; Republican state Rep. Paul DeMarco of Homewood; and Republican state Sen. Jabo Waggoner of Vestavia Hills.

Participants said Tuesday's meeting was the latest in a series of behind-the-scenes efforts among commissioners, Jefferson County legislators, business leaders and others to find ways to solve the county's massive general fund woes.


Federal judge blocks Calif. low-carbon fuels rule
Legal News | 2011/12/30 13:20
California officials say they will ask a federal judge to stay his ruling that blocks the state from enforcing the first-in-the-nation mandate for cleaner, low-carbon fuels.

In a decision issued Thursday, Fresno-based U.S. District Court Judge Lawrence O'Neill said the low-carbon fuel rules favor biofuels produced in the state. He said that violates the U.S. Constitution's commerce clause by discriminating against crude oil and biofuels producers located outside California.

California Air Resources Board spokesman Dave Clegern disagreed, saying the fuel rule is an evenhanded standard that encourages the use of cleaner low carbon fuels by regulating fuel-providers in California.

He said the board plans to ask the judge to stay the ruling, and appeal if necessary to the 9th U.S. Circuit Court of Appeals.

Out-of-state fuels producers hailed the decision as a win for California drivers.


Lawyer: Moms stole from Hawaii toy store for kids
Legal News | 2011/12/29 09:49
Single mothers filled with regret were making arrangements to turn themselves after they were seen on surveillance footage taking toys from a Hawaii store before Christmas, according to a lawyer who referred to the theft as a desperate act.

Surveillance video from Dec. 1 and released by police last week showed five women and a man helping themselves to items in a Toys R Us display at Windward Mall in Kaneohe. Police said the group had hauled away about $1,000 worth of merchandise.

Attorney Myles Breiner said some of the women contacted him Friday, and he said the women knew what they did was wrong. He said he contacted police over the weekend and stored the items in his office.

Police on Tuesday took the items, which were brought gift-wrapped to Breiner's office, and returned them to the store manager, the lawyer said. Meanwhile, at least three women made arrangements to surrender to police Tuesday, and the others, including the man who has since contacted Breiner, were expected to surrender by the end of the week.


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