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Lawsuit: Trump still blocks Twitter critics after court loss
Business Law Info | 2020/08/02 00:57
An organization that successfully proved President Donald Trump violated the law when he blocked Twitter critics sued him anew on Friday, saying he continues to reject some accounts two years after losing in court.

The Knight First Amendment Institute at Columbia University sued Trump a second time in Manhattan federal court over use of his @realDonaldTrump Twitter account, saying the president and his staff continue to block some accounts.

Some individuals identified in a lawsuit filed in 2017, along with dozens of others who were blocked on the basis of viewpoint, have been unblocked, the lawsuit said.

But lawyers say the White House has refused to unblock those who can't identify which tweet led them to be blocked and others who were blocked before Trump was sworn in more than three years ago.

“It shouldn’t take another lawsuit to get the president to respect the rule of law and to stop blocking people simply because he doesn’t like what they’re posting,” said Katie Fallow, senior staff attorney at the Knight Institute, in a release.

The lawsuit identified as plaintiffs five individuals who remain blocked, including a digital specialist with the American Federation of Teachers, a freelance writer and researcher, a former teacher, an actor and Donald Moynihan, a professor of public policy at Georgetown University.

Moynihan could not point to a specific tweet that caused him to be blocked because he periodically deletes tweets, the lawsuit said. It added that when the institute pressed the White House to unblock Moynihan, the request was rejected.


High court won't hear abortion clinic 'buffer zone' cases
Business Law Info | 2020/07/03 04:41
The Supreme Court on Thursday turned away pleas from anti-abortion activists to make it easier for them to protest outside clinics, declining to wade back into the abortion debate just days after striking down a Louisiana law regulating abortion clinics.

The justices said in a written order that they would not hear cases from Chicago and Harrisburg, Pennsylvania, where anti-abortion activists had challenged ordinances that restrict their behavior outside clinics.

As is usual, the justices did not comment in turning away the cases. The order from the court noted Justice Clarence Thomas would have heard the Chicago case.

The Supreme Court has since the late 1990s heard several cases involving demonstration-free zones, called buffer zones, outside abortion clinics. Most recently, in 2014, the justices unanimously struck down a law that created a 35-foot protest-free zone outside Massachusetts abortion clinics. The court said Massachusetts’ law, which made it a crime to stand in the protest-free zone for most people not entering or exiting the clinic or passing by, was an unconstitutional restraint on the free-speech rights of protesters.

On Thursday, one of the two cases the court declined to take up involved an ordinance passed by the city counsel in Harrisburg, Pennsylvania's capital, in 2012 that made it illegal to “congregate, patrol, picket or demonstrate” in a zone 20 feet from a health care facility. Anti-abortion activists sued, arguing that the ordinance violates their free speech rights. Lower courts have upheld the ordinance, however, ruling it doesn't apply to “sidewalk counseling,” where individuals who oppose abortion offer assistance and information about alternatives to abortion to those entering a clinic.


Alaska Supreme Court justices call for system improvements
Business Law Info | 2020/06/08 15:44
The justices of the Alaska Supreme Court have called for improvements within the judicial system to ensure equitable and fair treatment for people of color. The four justices posted a letter online Friday saying there needs to be systematic improvements for African Americans, Alaska Natives and other groups.

The letter is addressed to “Fellow Alaskans” and signed by Chief Justice Joel Bolger and Justices Daniel Winfree, Peter Maassen and Susan Carney. Justice Craig Stowers retired June 1, and his seat has not yet been filled.

The justices referred to the ongoing social unrest sparked by the police killing of George Floyd in Minnesota. Floyd, 46, a black man, died May 25 after a white Minneapolis police officer pressed his knee on Floyd’s neck for nearly nine minutes while he was handcuffed and lying on the ground. His death prompted protests across the U.S. and around the world against police brutality and racial injustice.

“As we watch events unfolding in the aftermath of the death of George Floyd, we are saddened to see again that the ideals on which our society is founded are far from the reality of many people’s lives,” the letter said.

The justices said they must “provide an accessible and impartial forum” for cases. “We recognize that too often African-Americans, Alaska Natives, and other people of color are not treated with the same dignity and respect as white members of our communities," the justices wrote. “And we recognize that as community members, lawyers, and especially as judicial officers, we must do more to change this reality.”

They wrote that there needs to be a continued effort to make the court system “reflect the community that we serve." The justices said they would continue to work with the court's advisory Fairness and Access Commission and outreach programs such as The Color of Justice.


Lawyer: Security video in Arbery case may show water breaks
Business Law Info | 2020/05/17 20:13
A young black man filmed by a security camera walking through a home under construction in December and in February may have stopped at the site for a drink of water, according to an attorney for the homeowner thrust into the investigation of the fatal shooting of Ahmaud Arbery.

Arbery was killed Feb. 23 in a pursuit by a white father and son who armed themselves after the 25-year-old black man ran past their yard just outside the port city of Brunswick. Right before the chase, Arbery was recorded inside an open-framed home being built on the same street.

Gregory McMichael, 64, and Travis McMichael, 34, have been jailed on murder charges since May 7. The elder McMichael told police he suspected Arbery was responsible for recent break-ins in the neighborhood. He also said Arbery attacked his son before he was shot.

Arbery’s mother has said she believes her son was merely out jogging.

On Friday, an attorney for the owner of the house under construction released three security camera videos taken Dec. 17, more than two months before the shooting. They show a black man in a T-shirt and shorts at the site. In the final clip, he walks a few steps toward the road, then starts running at a jogger's pace.

“It now appears that this young man may have been coming onto the property for water,” J. Elizabeth Graddy, the attorney for homeowner Larry English, said in a statement. “There is a water source at the dock behind the house as well as a source near the front of the structure. Although these water sources do not appear within any of the cameras’ frames, the young man moves to and from their locations.”

A man in similar clothes appears briefly in another security video taken at the home construction site Feb. 11, less than two weeks before the shooting. Graddy said that person appears to be the same man shown in the Dec. 17 videos.


Wisconsin court sets argument date for stay-at-home lawsuit
Business Law Info | 2020/05/03 21:17
The Wisconsin Supreme Court announced Friday that it will hear oral arguments early next week in a lawsuit seeking to block Democratic Gov. Tony Evers’ stay-at-home order.

The justices ruled 6-1 to accept the case and scheduled oral arguments for Tuesday morning via video conference. The arguments are expected to last at least 90 minutes.

The ruling said the court will consider whether the order was really an administrative rule and whether Palm was within her rights to issue it unilaterally. Even if the order doesn’t qualify as a rule, the court said it will still weigh whether Palm exceeded her authority by “closing all ‘nonessential’ businesses, ordering all Wisconsin persons to stay home, and forbidding all “nonessential’ travel.’”

Conservatives hold a 5-2 majority on the court. Liberal Justice Rebecca Dallet cast the lone dissenting vote. The ruling didn’t include any explanation from her.

Evers initially issued the stay-at-home order in March. It was supposed to expire on April 24 but state Department of Health Services Secretary Andrea Palm extended it until May 26 at Evers’ direction.

The order closed schools, shuttered nonessential businesses, limited the size of social gatherings and prohibits nonessential travel. The governor has said the order is designed to slow the virus’ spread, but Republicans have grown impatient with the prohibitions, saying they’re crushing the economy.

Republican legislators filed a lawsuit directly with the conservative-controlled Supreme Court last month challenging the extension. They have argued that the order is really an administrative rule, and Palm should have submitted it to the Legislature for approval before issuing it.


Wisconsin’s pandemic election puts focus on state’s court
Business Law Info | 2020/04/09 18:07
Anyone needing proof of the power and significance of the Wisconsin Supreme Court can look no further than the lines of mask-wearing voters that stretched for hours in Milwaukee during an election held despite a stay-at-home order because of the coronavirus pandemic.

An election-eve decision by the court overturning the governor’s order to postpone the vote made the state an outlier in pushing ahead with voting, ignoring pleadings from health experts and local officials about the danger of spreading the virus.

The fact that Wisconsin went forward when other states delayed their elections, and that many voters were willing to endure long waits to cast ballots, reflects the hotly disputed role the court has taken in a state with outsize importance in national politics.

Republicans and Democrats both see Wisconsin as crucial to winning national elections and gaining control of Congress. Historically, elections in the state are decided by close margins and power has flipped between the parties.

Since conservatives have held a majority on the state Supreme Court, the Republican-dominated Legislature has been able to enact laws that enhanced the GOP’s position, including voter ID laws and limits on labor unions, despite legal challenges from Democrats. The court would play a pivotal role in reviewing the drawing of new district lines for legislative and congressional offices following the 2020 census, which has a major impact on the balance of political power.


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