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High court to rule on FCC indecency policy
Legal Career News | 2011/06/27 17:18
The Supreme Court will take up the First Amendment fight over what broadcasters can put on the airwaves when young children may be watching television.

The justices said Monday they will review appeals court rulings that threw out the Federal Communications Commission's rules against the isolated use of expletives as well as fines against broadcasters who showed a woman's nude buttocks on a 2003 episode of ABC's "NYPD Blue."

The Obama administration objected that the appeals court stripped the FCC of its ability to police the airwaves.

The U.S. television networks argue that the policy is outdated, applying only to broadcast television and leaving unregulated the same content if transmitted on cable TV or over the Internet.

In a landmark 1978 decision, the court upheld the FCC's authority to regulate both radio and television content, at least during the hours when children are likely to be watching or listening. That period includes the prime-time hours before 10 p.m.

The "NYPD Blue" episode led to fines only for stations in the Central and Mountain time zones, where the show aired at 9 p.m., a more child-friendly hour than the show's 10 p.m. time slot in the East.

In the "NYPD Blue" episode, actress Charlotte Ross played a police detective who had recently moved in with another detective. In the scene at issue, Ross disrobes as she prepares to shower. After her buttocks and the side of one of her breasts are briefly shown, the camera pans down and reveals her nude buttocks while she faces the shower.

Then the other detective's young son enters the bathroom and sees the naked woman. Embarrassment ensues as the child retreats from the room.


Conservatives limit consumer, rights lawsuits
Legal Career News | 2011/06/26 21:02

The Supreme Court's conservative majority made it harder for people to band together to sue the nation's largest businesses in the two most far-reaching rulings of the term the justices are wrapping up on Monday.

The two cases putting new limits on class-action lawsuits were among more than a dozen in which the justices divided 5-4 along familiar ideological lines, with the winning side determined by the vote of Justice Anthony Kennedy.

Women made up one-third of the nine-member court for the first time ever this year, but missing from the court's docket was a case that could be called historic.

Next year and 2013 could look very different, with potentially divisive and consequential cases on immigration, gay marriage and health care making their way to the high court.

The makeup of the court, however, is not expected to change.

Chief Justice John Roberts said the court would finish its business on Monday when the justices will announce decisions in four remaining cases, including two First Amendment disputes.

In one, video game makers are leading a challenge to a California law that bars the sale or rental of violent video games to children. The case was argued nearly eight months ago, when it appeared a majority of the court was inclined to strike down the law.



Mont. Supreme Court rules against Paws Up
Legal Career News | 2011/06/19 10:53

The Montana Supreme Court has reversed a lower court and ruled that a Montana construction company can either collect a debt or foreclose on a high-end guest ranch involved in a decade-long financial fight.

The Independent Record reports that the high court on Tuesday ruled that the owner of Paws Up used a "shell" corporation to try to avoid paying Helena-based Dick Anderson Construction.

Paws Up is owned by Monroe Property Co., which is controlled by David Lipson, the former CEO of the haircut chain Supercuts.

In 2001 Anderson filed a lawsuit seeking to collect the final $800,000 on the $10 million project. Arbitrators awarded Anderson about $1.4 million in 2005 in damages, interest and attorney's fees.



Court says judges can't give extra time for rehab
Legal Career News | 2011/06/16 10:05

The Supreme Court says judges cannot give convicts extra time in prison in hope it will be used to get them into rehabilitation services.

The high court on Thursday unanimously ruled in favor of Alejandra Tapia, who was trying to reduce her 51 month sentence for alien smuggling, gun possession and bail jumping.

She wanted a three-year sentence, but the judge said that a longer sentence would increase her chances of getting into a 500-hour prison drug rehabilitation program. Tapia was never placed in the program.

Tapia says Congress has disapproved of judges using imprisonment as a method of rehabilitation. The lower courts disagreed.



Ohio court investigating lawyer who tipped Tressel
Legal Career News | 2011/06/13 14:28

The Ohio Supreme Court is investigating possible misconduct by the attorney who first tipped Ohio State's football coach to NCAA violations by his players.

Coach Jim Tressel's decision not to alert university officials to the tip from lawyer Christopher Cicero ultimately led to Tressel's resignation under pressure for failing to report the violations immediately.

State Disciplinary Counsel Jonathan Coughlan (COG'-linn) alleged in a filing Friday that Cicero violated professional conduct rules by revealing information from interviews with a potential client.

The filing cites three emails Cicero sent Tressel on April 2 and April 16. They contain details about Ohio State memorabilia discovered at a local tattoo parlor by federal investigators.




US appeals court overturns release of detainee
Legal Career News | 2011/06/10 12:36
A Yemeni detainee ordered to be freed from Guantanamo Bay has to stay now that a U.S. appeals court has overturned his release.

The U.S Court of Appeals in Washington says circumstantial evidence of terrorist ties can be enough to keep a prisoner like Hussain Salem Mohammad Almerfedi at the U.S. naval prison in Cuba.

Almerfedi was captured in Iran after the Sept. 11, 2001 attacks and eventually transferred to U.S. authorities through Afghanistan. Government attorneys argue he was staying at an al-Qaida-affiliated guesthouse, based on the testimony of another Guantanamo detainee. Almerfedi denied it, and a lower court judge found the testimony against him unreliable and ordered him released.

But the appeals court said the judge erred in finding the testimony unreliable and found it was likely Almerfedi was part of al-Qaida.


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