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Supreme Court casts doubt on GOP-led states’ efforts to regulate social media
Criminal Law Updates |
2024/03/01 19:12
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The Supreme Court cast doubt Monday on state laws that could affect how Facebook, TikTok, X, YouTube and other social media platforms regulate content posted by their users. The cases are among several this term in which the justices could set standards for free speech in the digital age.
In nearly four hours of arguments, several justices questioned aspects of laws adopted by Republican-dominated legislatures and signed by Republican governors in Florida and Texas in 2021. But they seemed wary of a broad ruling, with Justice Amy Coney Barrett warning of “land mines” she and her colleagues need to avoid in resolving the two cases.
While the details vary, both laws aimed to address conservative complaints that the social media companies were liberal-leaning and censored users based on their viewpoints, especially on the political right.
Differences on the court emerged over how to think about the platforms — as akin to newspapers that have broad free-speech protections, or telephone companies, known as common carriers, that are susceptible to broader regulation.
Chief Justice John Roberts suggested he was in the former camp, saying early in the session, “And I wonder, since we’re talking about the First Amendment, whether our first concern should be with the state regulating what we have called the modern public square?”
Justices Samuel Alito and Clarence Thomas appeared most ready to embrace arguments made by lawyers for the states. Thomas raised the idea that the companies are seeking constitutional protection for “censoring other speech.”
Alito complained about the term “content moderation” that the sites employ to keep material off their platforms.
“Is it anything more than a euphemism for censorship?” he asked, later musing that term struck him as Orwellian. But Justice Brett Kavanaugh, seemingly more favorable to the companies, took issue with calling the actions of private companies censorship, a term he said should be reserved for restrictions imposed by the government.
“When I think of Orwellian, I think of the state, not the private sector, not private individuals,” Kavanaugh said.
The precise contours of rulings in the two cases were not clear after arguments, although it seemed likely the court would not let the laws take effect. The justices posed questions about how the laws might affect businesses that are not their primary targets, including e-commerce sites like Uber and Etsy and email and messaging services. |
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Donald Trump appeals $454 million judgment in New York civil fraud case
Court Feed News |
2024/02/26 23:51
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Donald Trump has appealed his $454 million New York civil fraud judgment, challenging a judge’s finding that Trump lied about his wealth as he grew the real estate empire that launched him to stardom and the presidency.
The former president’s lawyers filed notices of appeal Monday asking the state’s mid-level appeals court to overturn Judge Arthur Engoron’s Feb. 16 verdict in Attorney General Letitia James’ lawsuit and reverse staggering penalties that threaten to wipe out Trump’s cash reserves.
Trump’s lawyers wrote in court papers that they’re asking the appeals court to decide whether Engoron “committed errors of law and/or fact” and whether he abused his discretion or “acted in excess” of his jurisdiction.
Trump’s appeal paperwork did not address whether Trump was seeking to pause collection of the judgment while he appeals by putting up money, assets or an appeal bond covering the amount owed to qualify for an automatic stay.
Messages seeking comment were left with Trump’s lawyers and the New York attorney general’s office. Engoron found that Trump, his company and top executives, including his sons Eric and Donald Trump Jr., schemed for years to deceive banks and insurers by inflating his wealth on financial statements used to secure loans and make deals. Among other penalties, the judge put strict limitations on the ability of Trump’s company, the Trump Organization, to do business.
The appeal ensures that the legal fight over Trump’s business practices will persist into the thick of the presidential primary season, and likely beyond, as he tries to clinch the Republican presidential nomination in his quest to retake the White House.
If upheld, Engoron’s ruling will force Trump to give up a sizable chunk of his fortune. Engoron ordered Trump to pay $355 million in penalties, but with interest the total has grown to nearly $454 million. That total will increase by nearly $112,000 per day until he pays.
Trump maintains that he is worth several billion dollars and testified last year that he had about $400 million in cash, in addition to properties and other investments. James, a Democrat, told ABC News that if Trump is unable to pay, she will seek to seize some of his assets.
Trump’s appeal was expected. Trump had vowed to appeal and his lawyers had been laying the groundwork for months by objecting frequently to Engoron’s handling of the trial.
Trump said Engoron’s decision, the costliest consequence of his recent legal troubles, was “election interference” and “weaponization against a political opponent.”
Trump complained he was being punished for “having built a perfect company, great cash, great buildings, great everything.” Trump’s lawyer Christopher Kise said after the verdict that the former president was confident the appeals court “will ultimately correct the innumerable and catastrophic errors made by a trial court untethered to the law or to reality.”
“Given the grave stakes, we trust that the Appellate Division will overturn this egregious verdict and end this relentless persecution against my clients,” Trump lawyer Alina Habba said. |
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Alabama hospital pauses IVF treatments after court ruling on embryos
U.S. Legal News |
2024/02/22 18:47
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Alabama’s largest hospital paused in vitro fertilization treatments Wednesday as providers and patients across the state scrambled to assess the impact of a court ruling that said frozen embryos are the legal equivalent of children.
The University of Alabama at Birmingham health system said in a statement that it must evaluate whether its patients or doctors could face criminal charges or punitive damages for undergoing IVF treatments. “We are saddened that this will impact our patients’ attempt to have a baby through IVF,” the statement from spokeswoman Savannah Koplon read.
Doctors and patients were gripped by a mixture of shock, anxiety and fear as they weighed how to proceed in the wake of the ruling by the all-Republican Alabama Supreme Court that put in question the future of IVF.
“Disbelief, denial, all the stages of grief. ... I was stunned,” said Dr. Michael C. Allemand, a reproductive endocrinologist at Alabama Fertility, which provides IVF services.
Allemand said they are having daily discussions about how to proceed. He said IVF is often the best treatment for patients who desperately want a child, and the ruling threatens doctors’ ability to provide that care.
“The moments that our patients are wanting to have by growing their families — Christmas mornings with grandparents, kindergarten, going in the first day of school, with little back-backs— all that stuff is what this is about. Those are the real moments that this ruling could deprive patients of,” he said.
Gabby and Spencer Goidel of Auburn, Alabama, turned to IVF after three miscarriages. The Alabama ruling came down on the same day Gabby began a 10-day series of daily injections ahead of egg retrieval, with the hopes of getting pregnant through IVF next month.
“When I saw this ruling, I got very angry and very hurt that it could potentially stop my cycle. People need to know this is affecting couples — real-life couples who are trying to start families, who are just trying to live the quote, unquote American dream,” Gabby Goidel, 26, said. She said her clinic is continuing to provide treatment for now but is reviewing the situation on a day-by-day basis.
Justices — citing language in the Alabama Constitution that the state recognizes the “rights of the unborn child” — said three couples could sue for wrongful death when their frozen embryos were destroyed in a accident at a storage facility.
“Unborn children are ‘children’ ... without exception based on developmental stage, physical location, or any other ancillary characteristics,” Justice Jay Mitchell wrote in Friday’s majority ruling. Mitchell said the court had previously ruled that a fetus killed when a woman is pregnant is covered under Alabama’s Wrongful Death of a Minor Act and nothing excludes “extrauterine children from the Act’s coverage.”
Alabama Chief Justice Tom Parker, in a scripture-draped concurring opinion, wrote that, “even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory.”
While the court case centered on whether embryos were covered under the wrongful death of a minor statute, some said treating the embryo as a child — rather than property — could have broader implications and call into question many of the practices of IVF.
“If this is now a person, will we be able to freeze embryos?” Barbara Collura, CEO of RESOLVE: The National Infertility Association, said.
The fertility clinic and hospital in the Alabama case could ask the court to reconsider the decision or ask the U.S. Supreme Court to review the matter if they believe there is a conflict with federal law. |
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Ken Paxton petitions to stop Dallas woman from getting an abortion
Class Action News |
2024/02/19 19:17
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A judge on Friday rejected Texas Attorney General Ken Paxton ’s attempts to throw out felony securities fraud charges that have shadowed the Republican for nearly a decade.
The decision by state District Judge Andrea Beall, an elected Democrat, keeps Paxton on track for an April 15 trial on charges that he duped investors in a tech startup.
If convicted, Paxton faces up to 99 years in prison. Paxton, who has pleaded not guilty, appeared in the Houston courtroom for the hearing, sitting at the defense table with his attorneys.
“He’s ready for trial … This thing has been pending for eight years. (The special prosecutors) want to dance. Put on your shoes. It’s time to go. Let’s dance,” Dan Cogdell, one of Paxton’s attorneys, told reporters after Friday’s court hearing.
Brian Wice, one of the special prosecutors handling the case, said it was important that Paxton’s case go to trial because “no one is above the law. And that includes Ken Paxton. And that’s why this case matters.”
During Friday’s hearing, the other special prosecutor in the case, Kent Schaffer, announced he was withdrawing ahead of the trial.
After the hearing, Wice said the two prosecutors parted ways after disagreeing over Schaffer’s push to avoid a trial and instead settle the case through pre-trial intervention.
Wice said Schaffer had recently reached out to Cogdell with the offer for pretrial intervention, which is like probation and would ultimately lead to the dismissal of charges if a defendant stays out of legal trouble.
Wice said he doesn’t believe pretrial intervention would have been appropriate because there would be no admission of guilt and no jail time.
“And without an acknowledgment of guilt, to me, that was worse than a slap on the wrist. That was, gee, let’s get you a cocktail, a hot meal, and breath mint. And that wasn’t going to happen on my watch,” Wice said.
Cogdell said Schaffer had reached out to him about the proposal and he would have been happy to resolve the case without a trial and a dismissal of the charges.
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Attorney Jenna Ellis pleads guilty in Georgia election interference case
Criminal Law Updates |
2024/02/15 23:54
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Attorney and prominent conservative media figure Jenna Ellis pleaded guilty Tuesday to a felony charge over efforts to overturn Donald Trump’s 2020 election loss in Georgia, tearfully telling the judge she looks back on that time with “deep remorse.”
Ellis, the fourth defendant in the case to enter into a plea deal with prosecutors, was a vocal part of Trump’s reelection campaign in the last presidential cycle and was charged alongside the Republican former president and 17 others with violating the state’s anti-racketeering law.
Ellis pleaded guilty to one felony count of aiding and abetting false statements and writings. She had been facing charges of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, known as RICO, and soliciting the violation of oath by a public officer, both felonies.
She rose to speak after pleading guilty, fighting back tears as she said she would not have represented Trump after the 2020 election if she knew then what she knows now, claiming that she relied on lawyers with much more experience than her and failed to verify the things they told her.
“What I did not do but should have done, Your Honor, was to make sure that the facts the other lawyers alleged to be true were in fact true,” the 38-year-old Ellis said.
The guilty plea from Ellis comes just days after two other defendants, fellow attorneys Sidney Powell and Kenneth Chesebro, entered guilty pleas. That means three high-profile people responsible for pushing baseless legal challenges to Democrat Joe Biden’s 2020 election victory have agreed to accept responsibility for their roles rather than take their chances before a jury. A lower-profile defendant pleaded guilty last month.
Responding to a reporter’s shouted question in the hallway of a New York City courthouse, where a civil case accusing him of inflating the value of his assets is being held, Trump said he didn’t know anything about Ellis’ plea deal but called it “too bad” and said he wasn’t worried by it.
“Don’t know anything, we’re totally innocent of everything, that’s political persecution is all it is,” he said.
Steve Sadow, Trump’s lead attorney in the Georgia case, used Ellis’ plea to cast doubt on the legitimacy of the racketeering charges Fulton County District Attorney Fani Willis brought against all 19 defendants.
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Trump arrives in federal court in Florida for classified docs case
Class Action News |
2024/02/13 18:05
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Former President Donald Trump arrived Monday morning at a federal courthouse in Florida for a closed hearing in his criminal case charging him with mishandling classified documents.
The hearing was scheduled to discuss the procedures for the handling of classified evidence in the case, which is currently set for trial on May 20. Trump faces dozens of felony counts accusing him of hoarding highly classified records at his Mar-a-Lago estate and obstructing FBI efforts to get them back.
U.S. District Judge Aileen Cannon expects to hear arguments in the morning from defense lawyers and in the afternoon from prosecutors, each outside of the other’s presence.
“Defense counsel shall be prepared to discuss their defense theories of the case, in detail, and how any classified information might be relevant or helpful to the defense,” Cannon wrote in scheduling the hearing.
Trump’s motorcade arrived at the courthouse in Fort Pierce shortly after 9 a.m.
The hearing is one of several voluntary court appearances that Trump has made in recent weeks — he was present, for instance, at appeals court arguments last month in Washington — as he looks to demonstrate to supporters that he intends to fight the four criminal prosecutions he faces while also seeking to reclaim the White House this November. |
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