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Defamatory online posts revisited by Texas court
Court News |
2014/01/10 15:51
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They say nothing on the Internet ever really goes away, but the Texas Supreme Court is considering whether defamatory postings might be worth the effort to try.
Justices on the state's highest civil court on Thursday weighed broader questions about cyberbullying, hate speech and the First Amendment while hearing a case with far lower stakes. At issue is whether a company can be forced to remove from its website damaging personal comments about a fired Austin businessman.
Lower courts already have ruled that Robert Kinney's former company, Los Angeles-based BCG Attorney Search, can't be forced to remove the comments, even if a judge or jury eventually finds it defamed Kinney on the company's website by accusing him of running a kickback scheme. That's because defamatory speech still has protections under the law.
But Kinney's attorneys told the nine-member court that it's time for Texas law to catch up with technology.
"It was a little harder to defame someone before the Internet. Now, on my cellphone, I can walk out of here and in five minutes I can say something defamatory about somebody and hit a button, and it's there worldwide," said Martin Siegel, Kinney's attorney. "And it's potentially there for perpetuity."
Anthony Ricciardelli, an attorney for BCG, said forcing the comments to be removed would "set a dangerous precedent that will have a chilling effect on speech and may lead to a slippery slope."
The court isn't expected to make a ruling for several months.
Justices asked both sides to consider more divisive cases involving cyberbullying or hate speech _ whether a court should be able to issue orders to stop online antagonists from harassing others, for instance, even if no defamation was present. |
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Court: Lawmakers must expedite education funding
Topics in Legal News |
2014/01/10 15:50
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The Washington Supreme Court on Thursday ordered lawmakers to submit a complete plan by the end of April to detail how the state will fully pay for basic education.
The 8-1 ruling said that while the state made progress in last year's budget to increase funding for K-12 education, it was "not on target" to hit the constitutionally required funding level by the 2017-18 school year.
"We have no wish to be forced into entering specific funding directives to the State, or, as some state high courts have done, holding the legislature in contempt of court," read the majority opinion, written by Chief Justice Barbara Madsen. "But, it is incumbent upon the State to demonstrate, through immediate, concrete action, that it is making real and measureable progress, not simply promises."
Joining Madsen were Justices Charles Johnson, Debra Stephens, Susan Owens, Charles Wiggins, Mary Fairhurst, Steven Gonzalez and Sheryl Gordon McCloud. Justice Jim Johnson wrote a separate dissent, which was to be released at a later date.
In 2012, the high court ruled that the state is not meeting its constitutional obligation concerning education funding. That ruling was the result of a lawsuit brought by a coalition of school districts, parents and education groups, known as the McCleary case for the family named in the suit. The court has required yearly progress reports from the Legislature on its efforts. Those reports are then critiqued by the group that brought the lawsuit, and by the Supreme Court.
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Court grants law license to man in US illegally
Headline Legal News |
2014/01/06 11:55
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The California Supreme Court granted a law license Thursday to a man who has lived in the U.S. illegally for two decades, a ruling that advocates hope will open the door to millions of immigrants seeking to enter other professions such as medicine, accounting and teaching.
The unanimous decision means Sergio Garcia, who attended law school and passed the state bar exam while working in a grocery store and on farms, can begin practicing law immediately.
It's the latest in a string of legal and legislative victories for people who are in the country without permission. Other successes include the creation of a path to citizenship for many young people and the granting of drivers licenses in some states.
"This is a bright new day in California history and bodes well for the future," the Coalition for Humane Immigrant Rights of Los Angeles said in a statement.
The court sided with state officials in the case, which pitted them against the White House over a 1996 federal law that bars people who are in the U.S. illegally from receiving professional licenses from government agencies or with the use of public money, unless state lawmakers vote otherwise.
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Court sides with S. Ind. city in man's injury suit
Topics in Legal News |
2014/01/06 11:55
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The Indiana Court of Appeals has upheld a lower court's ruling that the Ohio River city of Madison is not liable for injuries a man suffered when he tripped on a sewer grate.
Brad Haskin suffered a ruptured Achilles tendon in July 2008 when he tripped on the grate while walking from Madison's riverfront. He sued Madison in 2009, alleging it was negligent in maintaining the sewer drain and did not properly illuminate it.
The Madison Courier reports a Jefferson County judge had ruled that under Indiana law a city cannot be held liable for injuries caused by infrastructure like the grate that had been unchanged for 20 or more years.
The appellate agreed with that ruling, finding that the city was immune from liability in the case. |
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Utah asks Supreme Court to block gay marriage
Press Release |
2014/01/02 14:58
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Utah took its fight against gay marriage to the U.S. Supreme Court on Tuesday, asking the high court to suspend same-sex unions that became legal when a judge struck down the state's voter-approved ban.
The heavily Mormon state wants the marriages to stop while it appeals a judge's decision, which said banning gay couples from marrying violates their right to equal treatment under the law.
In papers filed Tuesday, the state asked Justice Sonia Sotomayor to overturn a decision that has led to more than 900 gay marriages in Utah. Sotomayor handles emergency requests from Utah and other Rocky Mountain states.
Sotomayor responded with a request for legal briefs from same-sex couples by Friday at noon. She can act by herself or get the rest of the court involved.
"Numerous same-sex marriages are now occurring every day in Utah," Utah lawyers complain in the filing. "Each one is an affront not only to the interests of the state and its citizens in being able to define marriage through ordinary democratic channels, but also to this court's unique role as final arbiter." |
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