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High Court Agrees to Hear Indecency Case
Legal News |
2008/03/17 17:00
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| The Supreme Court will decide whether it is indecent when some foul-mouthed celebrity drops the F-word on live television, stepping into its first major broadcast indecency case in 30 years.pThe high court said Monday it will hear arguments in a case over whether the government can ban fleeting expletives, one-time uses of familiar but profane words./ppThe case grew out of decision by the Federal Communications Commission in 2006 that two broadcasts of the Billboard Music Awards show were indecent, though the agency levied no fines. Cher uttered one fleeting expletive beginning with F and Nicole Richie uttered a variation of the same word and another one beginning with S./ppFox Broadcasting Co. and others appealed the decision, saying that the agency had changed its enforcement policy without warning and that the new ban was unconstitutional./ppA federal appeals court in New York agreed, 2-1, throwing out the ban and sending the case back to the agency, which appealed to the Supreme Court./ppFCC Chairman Kevin Martin told The Associated Press Monday that he was pleased the justices are stepping in. He said the appeals court had put the commission in an untenable position by giving it the responsibility to enforce indecency rules but not the tools to take action./p |
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Attorney General To Argue a Case Before High Court
Legal News |
2008/03/13 14:35
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pAttorney General Michael B. Mukasey, who spent most of his adult life as a federal prosecutor and a judge, will return to the courtroom later this month to argue a case before the Supreme Court, officials said yesterday. /ppMukasey will urge the justices to reinstate a sentence overturned by an appeals court in the case of Ahmed Ressam, an al-Qaeda operative convicted of a plot to blow up Los Angeles International Airport in 1999. /ppThe last attorney general to handle a case before the high court was Janet Reno in 1996, court officials said. William P. Barr and Richard Thornburgh also argued cases while serving as attorneys general in the administration of George H.W. Bush. /ppJustice Department spokesman Peter A. Carr said there is a custom, not always followed, for attorneys general to argue at least one Supreme Court case during their term. He declined to comment on why Mukasey chose the Ressam case. /ppMukasey, 66, is a retired federal judge who oversaw several high-profile terrorism-related trials while on the bench in New York City. He is scheduled to appear for Supreme Court arguments on March 25 and plans to conduct moot-court sessions to prepare, officials said. /ppRessam was arrested near the U.S.-Canada border in December 1999 after customs agents found 124 pounds of explosives in the trunk of his car as he disembarked from a ferry in Port Angeles, Wash. He was convicted in 2001 of nine charges in connection with the plot, but after ceasing cooperation with the FBI was sentenced to 22 years in prison in 2005. /ppThe U.S. Court of Appeals for the 9th Circuit threw out the sentence in 2007 after finding that one of the charges was applied improperly. The federal government disagrees and wants the sentence reinstated.
/p |
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Touro chief says law school not for sale
Legal News |
2008/03/05 12:50
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| pDiscussions about the sale of the Touro Law Center to Stony Brook University never made it past the preliminary stage, Stony Brook president Shirley Strum Kenny said yesterday./ppWe had very preliminary talks, Kenny said. We were certainly not at the point of negotiating./ppBernard Lander, founder and president of Touro College, whose main campus is in Manhattan, said yesterday he would never sell the law school. The college operates the Jacob D. Fuchsberg Law Center in Central Islip./ppI never met with anybody or spoke to anybody at the state university, Lander said in an interview. I had one meeting with Sen. [Kenneth] LaValle. Period. I never negotiated with anybody. Lander said that when Touro law school dean Lawrence Raful asked him for his opinion and that of the school's board, I said the law school charter is never for sale. Period./ppTalk of a possible sale surfaced in early February in an effort to make Stony Brook the second university after the University of Buffalo in the State University of New York system to have a law school./ppKenny confirmed she and Lander had never met to discuss the law school. There were conversations with people in the law school, she said, but they were very preliminary discussions. We never got into any negotiations./ppKenny said those discussions did serve a purpose: They revived the idea of adding a law school at Stony Brook./ppDr. Kenny and I have agreed to move forward and look at and explore the possibility of establishing our own law school at Stony Brook, said LaValle (R- Port Jefferson)./ppIt's not a new concept, Kenny said, noting that university officials first considered the addition of a law school in the 1970s and then again in the 1980s. But now people feel it's the last piece of putting together a major research university. ... It's something we will be considering very seriously./ppThough no agenda has been put in place, Kenny said a committee will be formed to study the feasibility of building a law school. I think there is a lot of interest now in the possibility of developing a law school at Stony Brook. Now, nothing has happened on that score./p |
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California Supreme Court in gay marriage storm
Legal News |
2008/03/05 12:10
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pThe California Supreme Court is seemingly as divided as society is over gay marriage./ppFor more than three hours Tuesday, the seven justices of the state's high court shifted back and forth on whether to uphold California's ban on same-sex marriage, at times appearing to spar with each other as they weighed their most important civil rights case in decades./ppThe justices peppered lawyers on both sides of the case with dozens of questions that made predicting an outcome a fool's game. The court is reviewing a similarly divided 2006 appeals court ruling that upheld California's ban on gay marriage and a 2000 ballot initiative confining marriage to a union between a man and woman./ppUnderscoring the passions behind the conflict, demonstrators on both sides of the issue lined up outside the Supreme Court building, armed with placards and chants as they awaited the crucial legal arguments. Inside, an overflow crowd unable to get a seat in the courtroom jammed a downstairs auditorium to watch the arguments on a big-screen television, a boisterous group that cheered and jeered as though attending a high school basketball game./ppBut the stakes were evident in the courtroom, as the justices aired their first public views in a case they must decide within 90 days. Justices Marvin Baxter and Ming Chin, perhaps the court's most conservative members, seemed to have the deepest reservations about siding with civil rights groups and San Francisco city officials, /ppwho argue that the ban violates the equal-protection rights of gay and lesbian couples seeking the power to wed.
But Baxter and Chin were also frequently joined by Justice Carol Corrigan, a moderate who expressed sympathy with the civil rights argument but had major concerns over tampering with the will of the voters. Corrigan indicated several times she may agree with the majority in the appeals court ruling. That court found the Legislature or voters should decide whether to change marriage laws, not judges./ppOur views on this topic are in the process of evolution, Corrigan said to Therese Stewart, San Francisco's chief deputy city attorney, who argued in favor of gay marriage. There is substantial difference of opinion about what that evolution should look like. Who decides where we are in California in that evolution? she asked. Is it for the court to decide or the voters to decide?/p |
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