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Supreme Court OKs regulation of language on TV
Breaking Legal News | 2009/04/28 07:46
The Supreme Court is giving tentative approval to government regulation of the use of even a single curse word on live television.


But the court, in a 5-4 decision Tuesday, is refusing to pass judgment on whether the Federal Communications Commission's "fleeting expletives" policy is in line with First Amendment guarantees of free speech. The justices say a federal appeals court should weigh the constitutionality of the policy.

The decision throws out a ruling by the 2nd U.S. Circuit Court of Appeals in New York. The appeals court had found in favor of a Fox Television-led challenge to the policy and had returned the case to the FCC to let the agency provide a "reasoned analysis" for its tougher line on indecency.

The commission appealed to the Supreme Court instead.



Texas case before high court to test voting rights
Breaking Legal News | 2009/04/27 08:37
The community of Canyon Creek was ranchland rich with limestone and cedar trees when Jim Crow held sway in the South. The first house wasn't built until the late 1980s and not even a hint of discrimination attaches to this little slice in suburbia.


President Barack Obama won more than 48 percent of the vote in November in this overwhelmingly white community northwest of the state capital.

Yet Canyon Creek, the heart of Northwest Austin Municipal Utility District Number One, is the site of a major Supreme Court battle over the federal government's often used and most effective tool in preventing voting discrimination against minorities.

The utility district's elected five-person board manages a local park and pays down bond debt. Because it is in Texas, the board is covered by a section of the Voting Rights Act that requires approval from the Justice Department before any changes can be made in how elections are conducted.

That requirement applies to all or parts of 16 states, mostly in the South, with a history of preventing blacks, Hispanics and other minorities from voting.

The utility district is challenging that section of the law, which Congress extended in 2006 for 25 years. The Obama administration is defending it.

The Voting Rights Act, enacted in 1965, opened the polls to millions of black Americans. The law "has been the most important and transformative civil rights act in our country's history," said John Payton, director of the NAACP Legal Defense and Educational Fund.



Judge waives waiting period for gay Iowa couple
Breaking Legal News | 2009/04/27 08:36
A same-sex Iowa couple will be allowed to wed as soon as Monday after a judge allowed them to bypass the state's three-day waiting period.


Melisa Keeton and Shelley Wolfe of Des Moines received their waiver by 9 a.m.

Same-sex couples in Iowa began applying for marriage license Monday after a state Supreme Court ruling legalizing gay unions took effect.

The high court issued an order early in the day confirming that the appeals process in the case has officially concluded.

The Iowa Supreme Court's unanimous and emphatic decision on April 3 made Iowa the third state to allow same-sex marriage, joining Massachusetts and Connecticut. Vermont has passed a law that will take effect in September.



Discrimination claim appears to divide high court
Breaking Legal News | 2009/04/24 09:40
A divided Supreme Court took up its first examination of race in the Obama era Wednesday, wrestling with claims of job discrimination by white firefighters in a case that could force changes in employment practices nationwide.


The case from New Haven, Conn., pits white firefighters, who showed up at the court Wednesday in their dress uniforms, against the city over its decision to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results.

As is often the case with closely fought social issues at the court, Justice Anthony Kennedy appeared to hold the key to the outcome. He seemed concerned that New Haven scuttled the test without determining that there were flaws that might have led to the racially disproportionate results.

"So shouldn't there be some standard that there has to be a significant, a strong showing after the test has been taken that it's deficient? Before it can be set aside?" he said.

Kennedy often frowns on racial classifications, yet he is not as opposed to drawing distinctions on the basis of race as his more conservative colleagues.

But where Kennedy saw shades of gray, the rest of the court seemed to view the case clearly in terms of black and white.



Discrimination claim appears to divide high court
Breaking Legal News | 2009/04/23 08:25
A divided Supreme Court took up its first examination of race in the Obama era Wednesday, wrestling with claims of job discrimination by white firefighters in a case that could force changes in employment practices nationwide.


The case from New Haven, Conn., pits white firefighters, who showed up at the court Wednesday in their dress uniforms, against the city over its decision to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results.

As is often the case with closely fought social issues at the court, Justice Anthony Kennedy appeared to hold the key to the outcome. He seemed concerned that New Haven scuttled the test without determining that there were flaws that might have led to the racially disproportionate results.

"So shouldn't there be some standard that there has to be a significant, a strong showing after the test has been taken that it's deficient? Before it can be set aside?" he said.

Kennedy often frowns on racial classifications, yet he is not as opposed to drawing distinctions on the basis of race as his more conservative colleagues.

But where Kennedy saw shades of gray, the rest of the court seemed to view the case clearly in terms of black and white.



Ex-manager at NJ company sentenced to nearly 6 yrs
Breaking Legal News | 2009/04/22 08:38
A former plant manager at a New Jersey pipe plant was sentenced Monday to nearly six years in prison in a federal investigation into worker safety violations and pollution of the Delaware River.


John Prisque of Bethlehem, Pa., was sentenced to a 70-month term for convictions of obstructing the investigation into Atlantic States Cast Iron Pipe Co. in Phillipsburg and violating clean water and air regulations. Four others also face sentencing.

In one of the most serious instances, an employee was killed after being crushed by a forklift that prosecutors say had faulty brakes.

Atlantic States is a division of McWane Inc., based in Birmingham, Ala.



Supreme Court limits warrantless vehicle searches
Breaking Legal News | 2009/04/21 08:50
The Supreme Court ruled Tuesday that police need a warrant to search the vehicle of someone they have arrested if the person is locked up in a patrol cruiser and poses no safety threat to officers.


The court's 5-4 decision puts new limits on the ability of police to search a vehicle immediately after the arrest of a suspect.

Justice John Paul Stevens said in the majority opinion that warrantless searches still may be conducted if a car's passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence of a crime will be found.

"When these justifications are absent, a search of an arrestee's vehicle will be unreasonable unless police obtain a warrant," Stevens said.

Justice Samuel Alito, in dissent, complained that the decision upsets police practice that has developed since the court first authorized warrantless searches immediately following an arrest.

"There are cases in which it is unclear whether an arrestee could retrieve a weapon or evidence," Alito said.

Even more confusing, he said, is asking police to determine whether the vehicle contains evidence of a crime. "What this rule permits in a variety of situations is entirely unclear," Alito said.



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