VA Court: Anti-spam law violates free speech rights

The Virginia Supreme Court, in a case involving the first felony conviction of a spammer in the U.S., has ruled that the state’s anti-spamming law violates First Amendment protections for anonymous speech. Arthur Bright at the Citizen Media Law Project reports on the decision: It looks like Jeremy Jaynes, the first person in the United States to be convicted of a felony for spamming, is going to get a free pass, thanks to a decision

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Tobacco Co. claims 1st Amdt bars San Fran ban on cigarette sales in pharmacies

Tobacco company Philip Morris has filed suit to challenge, on first amendment grounds, a new San Francisco law banning sales of cigarettes in pharmacies. The San Francisco Chronicle reports on the legal arguments used by the company and the city: (10-09) 17:58 PDT SAN FRANCISCO — Philip Morris’ argument that San Francisco’s new ban on tobacco sales in drugstores violates freedom of speech was derided Thursday by the city’s lawyers, who said the First Amendment

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Call for Nominations: Farr, Beacon & "Darkness" awards

The California First Amendment Coalition and the California Society of Newspaper Editors are soliciting nominations for the 2008 Bill Farr Award for furthering the principles of free speech, free press and public access to government. In addition, CFAC is seeking nominations for its annual Beacon awards, presented to those who have fought to keep government open, and for its annual Darkness award to those who have resisted the public’s right to know. The Awards The

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Governor signs bill prohibiting confidential contracts

Gov. Arnold Schwarzenegger on Wednesday signed into law legislation that amends the Public Records Act to forbid enforcement of confidentiality provisions in contracts signed by government agencies. The bill, SB 1696 by Sen. Leland Yee (D-San Francisco), specifically prohibits a state or local agency from entering into an agreement that makes information confidential or conditions disclosure on the permission of the other party to the contract. In addition, the bill would specify that regardless of

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Schwarzenegger signs law plugging Brown Act loophole

Gov. Arnold Schwarzenegger on Wednesday signed legislation to strengthen the Brown Act’s prohibition against serial meetings. SB 1732 explicitly overturns a 2006 court decision, Wolfe v. City of Fremont, which ruled that communications among members of a legislative body do not run afoul of the bar on “serial meetings” unless the members actually reach a decision on how to vote on a matter before the body. The new law provides: “A majority of the members

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