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Court to hear arguments on Maryland political ads law
Headline Legal News | 2019/10/27 20:35
After revelations of Russian meddling in the 2016 presidential election, Maryland legislators passed a law that many believe has a laudable purpose: preventing foreign interference in local elections.

But its sweeping scope sparked a First Amendment outcry from more than a half dozen newspapers, including The Washington Post and The Baltimore Sun.

Now, a federal appeals court is being asked to decide whether the law goes too far. The 4th U.S. Circuit Court of Appeals is set to hear arguments in the case Wednesday.

The newspapers and the Maryland-Delaware-D.C. Press Association argue in a lawsuit that the statute violates the First Amendment because it requires them to collect and self-publish information about the sponsors of online political ads. It also requires them to keep records of the ads for inspection by the state Board of Elections.

U.S. District Judge Paul Grimm ruled in January that parts of the law appear to encroach on the First Amendment and granted a preliminary injunction to prevent the state from enforcing those provisions.

At issue is a requirement for online platforms to create a database identifying the purchasers of online political ads and how much they spend. The law, written to catch ads in smaller state and local elections, applies to digital platforms with 100,000 or more monthly U.S. visitors.



Analysis: Louisiana figures in 2 major Supreme Court cases
Headline Legal News | 2019/10/11 20:01
Among cases on the U.S. Supreme Court docket for the term that began this month, two Louisiana cases stand out — one because of its implications for criminal justice in the state, the other because of what it portends for abortion rights and access nationwide.

And, both, in part, because they deal with matters that, on the surface, might appear to have been settled.

Yes, voters approved a constitutional amendment requiring unanimous jury verdicts in felony cases — following Pulitzer Prize winning reporting by The Advocate on the racial impacts of allowing 10-2 verdicts. But sometimes lost amid celebrations of the measure’s passage is its effective date: it applies to crimes that happened on or after Jan. 1 of this year.

No help to people like Evangelisto Ramos, who was convicted on a 10-2 jury vote in 2016 of second-degree murder in the killing of a woman in New Orleans. Ramos is serving a life sentence with no chance of parole.


The Latest: Ex-addict says Dallas cop helped her get sober
Headline Legal News | 2019/10/03 11:52
LaWanda Clark told jurors Wednesday during Guyger's murder trial that she struggled with a crack cocaine addiction and that Guyger wrote her a ticket on the day of the drug bust. She says Guyger told her that the ticket could be the impetus to turn her life around.

While Clark was speaking, attorneys showed jurors a photo of Guyger attending Clark's graduation from a community drug treatment program.

Clark said Guyger treated her as a person, not as "an addict," and said she is now sober.

Guyger faces up to life in prison for the September 2018 shooting death of Botham Jean. She says she mistook Jean's apartment for her own, which was one floor below.

A high school friend who played in an all-female mariachi band with Amber Guyger says the former Dallas police officer feels "immense remorse" for fatally shooting a neighbor in his own apartment.

Maribel Chavez testified Wednesday that she met Guyger in ninth grade during orchestra practice. They later went on to play in a mariachi band, with Guyger playing violin and trumpet.

Chavez said Guyger is typically bubbly and extroverted, but that since she killed her neighbor, Botham Jean, in September 2018, "It's like you shut her light off."

She described her friend as selfless, caring and a protector of those around her.



Buffalo Chip takes quest to become town before Supreme Court
Headline Legal News | 2019/09/16 22:52
The South Dakota Supreme Court will once again hear oral arguments in Buffalo Chip's quest to become a municipality, after a lower court ruled in February that the popular motorcycle rally campground near Sturgis must be dissolved as a town.

The Rapid City Journal reports that oral arguments are scheduled for Sept. 30.

Attorneys for the state have argued that Buffalo Chip was improperly incorporated in 2015 because it had fewer than 100 legal residents or 30 voters, as was required by law at the time. The city of Sturgis has also opposed Buffalo Chip's incorporation for years.

Buffalo Chip officials have argued that the area had more than 30 voters.

Kent Hagg, an attorney representing the campground, said the case could come down to the difference between the words "and" and "or." He said the law in place in 2015 required municipalities to have at least 100 residents "or" 30 voters. In 2016, the state Legislature changed the law to require municipalities to have at least 100 residents "and" 45 voters.

Hagg said about 53 voters listed the Buffalo Chip as their address of record in 2015.

The campground fills with thousands of visitors during the Sturgis motorcycle rally, but has few, if any, year-round residents.

In February, Fourth Circuit Judge Gordon Swanson ruled that the town must be dissolved. The city has said in a statement that the judge's decision was based on common sense and plain language of the law. "It would not make sense for the Legislature to authorize the incorporation of a municipality with no residents."


Cock-a-doodle-doo! French rooster crows over court win
Headline Legal News | 2019/09/10 10:03
ing is exasperating Fesseau’s neighbors, a retired couple who moved to the island two years ago. They asked the court to make the animal move farther away, or shut up.

Instead, the judge in the southwest city of Rochefort ordered them to pay 1,000 euros ($1,005) in damages to Fesseau for reputational harm, plus court costs.

“That made my clients feel very bad,” their lawyer Vincent Huberdeau said. He said Fesseau intentionally put her chicken coop close to her neighbors’ window and then turned Maurice into a cause celebre for rural traditions, and that the judge went too far in punishing the plaintiffs instead.

Their case also backfired in the court of public opinion, at least locally. More than 120,000 people signed a petition urging authorities to leave Maurice alone ? and a “support committee” made up of roosters and hens from around the region came to support his owner during the trial in July.

“The countryside is alive and makes noise ? and so do roosters,” read one of their signs.

The ruling may spell good news for a flock of ducks in the Landes region of southwest France, where a trial is underway between farmers and neighbors angry over the creatures’ quacks and smell.

Authorities also ruled against residents of a village in the French Alps who complained in 2017 about annoying cow bells, and an effort last year to push out cicadas from a southern town to protect tourists from their summer song also failed.

Since Maurice’s tale came to light, some French lawmakers have suggested a law protecting the sounds and smells of the countryside as part of France’s rural heritage.


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