The judges rejected Franken's argument on Thursday that their review should be confined to determining if the recount was mathematically correct, saying the court has jurisdiction to determine whether votes were legally cast.

Republican Norm Coleman is suing over a recount that ended with Franken up by 225 votes. Coleman's lawsuit alleges that it's an artificial lead based on the double-counting of some ballots and other inconsistencies in some precincts.

The judges did not validate those allegations in refusing to dismiss the case, saying: "It is immaterial whether or not the plaintiff can prove the facts alleged."

Coleman's attorney, Ben Ginsberg, called the decision a "stinging defeat" for Franken.

"We look forward to the trial commencing on Monday," Franken's attorney, Marc Elias, said in a statement.

The judges denied a request by Coleman's lawyers to order counties to ship about 12,000 rejected absentee ballots to the court so that they could be quickly accessible once the court decides whether they should be counted. No explanation was given for the rejection.

Coleman on Thursday also asked the three judges to order inspectors into 86 Minnesota precincts where his lawyers believe there were irregularities in the vote count.

The inspectors would "go to those precincts where there are still questions and try to settle them," said Ginsberg. One inspector would represent Coleman, another Franken and the last would be neutral. Unsettled disputes would presumably be forwarded for consideration in the election trial.

Students Derek Barr and Craig and Chris White argued their free speech rights were violated by the ban on clothes with the flag, which is considered a symbol of racism and intolerance by some and an emblem of Southern heritage by others.

School officials said their ban came after racial tension at William Blount High.

There have been a string of similar claims from Texas to South Carolina since the 1990s.

The 11th Circuit Court of Appeals upheld a Tampa district judge's ruling in the case of Youssef Samir Megahed, a former University of South Florida student charged with possession of a destructive device.

Megahed, 22, and a companion were arrested in South Carolina in August 2007 after deputies said they found explosives in the trunk of their car during a traffic stop. Defense attorneys have characterized the items as homemade fireworks.

Prosecutors had appealed the judge's decision to throw out the videos found on a computer at Megahed's home, saying they were essential to the case. They showed Qassam rockets, the type of rockets used by Hamas militants against Israel, and the use of improvised explosive devices and attacks against military forces in the Middle East.

"We're obviously pleased with the 11th Circuit ruling, and we hope to get this thing to trial finally," said Megahed's attorney, Adam Allen.

U.S. Attorney's Office spokesman Steve Cole declined to comment.

Megahed's companion, Ahmed Mohamed, 27, pleaded guilty last year to aiding terrorists by making a YouTube video demonstrating how to make a remote detonator for a bomb. He was sentenced to 15 years in prison.

The video was found on his laptop computer that was in the car when the men were stopped for speeding near Charleston, S.C.

Megahed is not charged in connection with that video.

In ruling unanimously for five officers attached to the Central Utah Narcotics Task Force, the court also abandoned a rigid, two-step test that it adopted in 2001 to guide judges in assessing alleged violations of constitutional rights.

Trial and appellate judges "should be permitted to exercise their sound discretion" in evaluating such claims, Justice Samuel Alito said in his opinion for the court.

Under the 2001 ruling, courts first had to determine whether an action amounts to a violation of a constitutional right and then decide whether the public official, often a police officer, should be immune from the civil lawsuit.

Officials can't be held liable in situations where it is not clearly established that their actions violated someone's constitutional rights.

The case grew out of a search of the home of Afton Callahan of Millard County, Utah, in 2002.

An informant contacted police to tell them he had arranged to purchase drugs from Callahan at Callahan's trailer home.

Judge Nancy Gertner postponed oral arguments set for Thursday in the copyright infringement lawsuit that pits a Boston University graduate student against the music recording industry. Proceedings will resume Feb. 24.

Gertner said the delay would give the First Circuit Court of Appeals time to resolve an extraordinary petition by the recording industry challenging how the court recording will be made and distributed.

Charles Nesson, a Harvard professor representing BU student Joel Tenenbaum, is challenging the constitutionality of the lawsuits and asked the court to authorize the webcast.

The case is part of an effort by the Recording Industry Association of America to stop online music sharing.

The Intermediate People's Court in Shijiazhuang gave the death sentence to Zhang Yujun. He was convicted of running a workshop that was allegedly China's largest source of melamine, the substance responsible for the health crisis.

A court spokesman said a second man, Zhang Yanzhang, was given a life sentence, also for endangering public safety.

The court is expected to hand down a sentence later Thursday for Tian Wenhua, the general manager of the dairy company at the heart of the scandal.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

SHIJIAZHUANG, China (AP) — A Chinese court has handed down a death penalty to a man convicted of endangering public safety in the first sentencing connected with a contaminated milk scandal that shocked the country.

The Intermediate People's Court in Shijiazhuang gave the death sentence to Zhang Yujun. He was convicted of running a workshop that was allegedly China's largest source of melamine, the substance responsible for the health crisis.

A court spokesman said a second man, Zhang Yanzhang, was given a life sentence, also for endangering public safety.

The court is expected to hand down a sentence later Thursday for Tian Wenhua, the general manager of the dairy company at the heart of the scandal.