U.S. Supreme Court

First Amendment defenders line up against Stolen Valor Act

A number of free speech defenders have filed briefs to the U.S. Supreme Court contesting the constitutionality of the Stolen Valor Act. The briefs were filed in support of a Pomona, California water district board member who lied about receiving the Medal of Honor and 25 years of service in the Marines. -db From the Courthouse News Service, February 06, 2012, by Tim Hull. Full story  

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Federal appeals court upholds Stolen Valor Act

After the 9th U.S. Circuit Court of Appeals ruled the Stolen Valor Act unconstitutional in a separate case, the 10th Circuit upheld the law which prohibits lying about military awards. The opinion of the 10th Circuit judges cited a statement from a Supreme Court ruling that false statements do not get constitutional protection, “except to the extent necessary to protect more valuable speech.” -db From The Denver Post, January 27, 2012, by John Ingold. Full

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Study disputes Supreme Court’s reputation as First Amendment advocate

A study for the Brennan Center for Justice found that notwithstanding its reputation, the Roberts Supreme Court is ruling for free speech at a lower rate than the courts led by three previous chief justices. In responding to the study, some point out that numbers don’t tell the entire story that the court had made some crucial decisions in such cases as the Kansas funeral protesters, violent video games and the animal torture videos. -db

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Free speech: Supreme Court refuses to hear commercial speech case brought by interior decorators

The U.S. Supreme Court declined last week to hear a case on commercial speech brought by interior decorators who claim that Florida is denying their free speech rights by requiring years of school, apprenticeship and an exam before a person can take clients in interior design. Lawyers for the plaintiffs argue that Florida’s law is an unfair burden and unconstitutional in restricting speech. -db From a commentary in The National Law Journal, January 4, 2012,

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Washington state: Supreme Court rules anti-gay petitioners can’t hide identities

The U.S. Supreme Court has allowed disclosure of signatures for a Washington referendum to overturn a law granting domestic partners the same rights as married couples. The opponents of gay marriage had argued that they would be subject to threats, harassment and reprisals if the signatures were released to the public. -db From the Courthouse News Service, November 23, 2011, by Barbara Leonard. Full story  

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