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New ruling in FAC case opens door to release of state bar records needed for affirmative action research

FAC June 10, 2011

In an important decision on freedom of information, a California appeals court today ruled that State Bar records about the race and ethnicity of Bar applicants are subject to a “common law” right of public access which, following further proceedings, could result in their disclosure–stripped of all names and identifying information–for academic research into the effects of affirmative action policies. The decision, in a lawsuit filed by UCLA Professor Richard Sander and the First Amendment

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Sarah Palin sued in federal court by man claiming she tried to silence his criticism

donal brown June 9, 2011

Theodore Thoma sued former Alaskan Governor Sarah Palin on the grounds that when she was governor she used state resources to silence him for complaining about excessive traffic near the Governor’s Mansion. The man said he also offered suggestions about how to improve the traffic situation. The complaint states that Palin, “in conspiracy with others, undertook a campaign against plaintiff. In some cases twisting plaintiff’s words, and in others concocting complete fabrications, plaintiff [sic] set

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Cohen v. California cited as pillar in free speech law

donal brown June 9, 2011

Writing for the First Amendment Center, David L. Hudson Jr. says the U.S. Supreme Court’s 5-4 ruling in Cohen v. California strengthened free speech by limiting the fighting words doctrine, clarifying the difference between obscenity and profanity, making the case that offensive speech should be protected and warning that governments could ban language representing unpopular views. The case centered on Paul Robert Cohen who in 1968 wore a jacket in the Los Angeles County Courthouse

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Opinion: Federal judge said to weaken protection for anonymous speech

donal brown June 9, 2011

A Lebonese conglomerate with ties to Hezbollah won a judgment in federal court allowing a supoena to ISP Skybeam a host of anonymous postings that the conglomerate claim defamed them. The conglomerate is seeking to identify those responsible for the posts that alleged that to buy from the fashion company owned by the conglomerate provided support for terrorism. Paul Alan Levy explains that Public Citizen has taken up the appeal in the case out of

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Boston: Federal court hearing case on right to record police actions in public

donal brown June 9, 2011

A Massachusetts man was arrested under Massachusetts wiretap law and accused of aiding the escape of a prisoner and disturbing the peace. The man Simon Glik had used his cell phone to record police arresting a suspect on the Boston Common. Glik contended that his did not make a secret recording as forbidden by the wiretap law, did not interfere with the police arrest and had a First Amendment right to record the event. -db

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