First
Amendment Cases 2002
Below are archived
updates on cases involving the First Amendment that did not reach
the Supreme Court as of their original posting date.
Voters
Not High On Easing Drug Laws
The American electorate drew the line on softening
our nation’s drug laws after voters in three states overwhelmingly
rejected ballot measures designed to either legalize or ease penalties
for personal possession or use of certain drugs, including marijuana.
The votes came just a week after the battle for medical marijuana
scored an important victory in the courts
[more]
Federal
Judge Rules Beef Checkoff is 'Government Speech'
Abandoning
the notion that the beef checkoff is a “self-help” program, the
Cattlemen’s Beef Promotion and Research Board and the National Cattlemen’s
Beef Association (NCBA) have temporarily staved off one of a number
of challenges to the beef checkoff by persuading a federal court
that the program is, in fact, “government speech.”...[more]
Pork:
The Other Unconstitutional Checkoff
A federal
judge in Michigan declared another of the nation’s agricultural
commodity promotion programs unconstitutional in an order issued
October 25. The order struck down portions of the federal Pork
Production, Research and Consumer Education Act of 1985, which created
the pork checkoff program authorizing the collection of mandatory
assessments on pork producers that pay for generic advertising,
such as the campaign touting “Pork: The Other White Meat.”
[more]
"Take
Me Out to the Courthouse":
Opening
Day of the Supreme Courts October Term, 2002
The United States Supreme Court opened its new term on Monday with
the traditional call of "Oyez, Oyez, Oyez" as all the spectators
rose. But for more than 1,000 cases with certiorari petitions pending,
it was a day of plunges as the Court announced its first list of
cases turned down for appeal following its three-month summer break...[more]
Seventh
Circuit Adds New Constitutional Requirement
for
Student Fees
After
six years of litigation, including four trips to the U.S. Court
of Appeals for the Seventh Circuit and one trip to the U.S. Supreme
Court, the University of Wisconsin-Madison has finally gotten a
pass from the courts. In a ruling last week, the Seventh Circuit
upheld the Universitys mandatory student activity fee explaining
that "numerous limits on the student governments discretion
for awarding funds" coupled with a "comprehensive appeals
process," both added after previous constitutional rulings,
"sufficiently limit the Universitys discretion so as
to satisfy the requirements of the First Amendment."...[more]
A
Tale of Two Towns:
The Constitutionality of Local Ordinances
This is a tale of two towns. One is the City of Westover,
located in West Virginia; the other is the Village of Stratton,
in Ohio, just one-quarter mile from the border of West Virginia.
Westover has a population of approximately 4,200 people; the Village
of Stratton boasts 297 residents. Westover is on the west banks
of the Monongahela River; the Village of Stratton is nestled against
the Ohio River. Each
town has a Mayor who recently got a lesson in First Amendment jurisprudenc...[more]
Muzzling
Corporate Speech
Its open season on Corporate America. Somewhere
between the tech stock bubble bursting and the first Enron executive
testifying, an army of special interest groups, anti-globalization
ideologues and trial lawyers awakened to the smell of opportunity,
and sprang into action...[more]
Following
the Bouncing (and Deflating) Ball
in
the Discovery Phase of Campaign Finance Litigation
You need
look no further than the federal lawsuit challenging the new campaign
finance law for an example of a plaintiff the party seeking
redress being victimized over and over again by the very
litigation process that is the only avenue for plaintiff relief.
That case (in which the Center for Individual Freedom is a plaintiff)
exemplifies the growing and disturbing trend in litigation of parties
imposing burdensome and absurd discovery requests, all in an effort
to harass the other parties and pervert the issues...[more]
The
Indelible Right of Free Expression
The
list of artists whose work has been banned is a long one. Ronald
P. White has joined that list. It was 1999 when this South Carolina
artist last created a work of art in his home state, and that creation
was videotaped and broadcast to a local television audience. While
most artists would bask in the glow of such exposure, Whites
led to his arrest and conviction for merely having performed his
craft...[more]
Extra!
Extra! Kansas City Newspaper Convicted of Criminal Defamation
"Is
gossip that [Carol] Marinovich lives in Johnson County true?"
It
is not, and the politically-charged question posed by The New Observer,
a free, periodically published Kansas City, Kansas newspaper, could
land the papers publisher and editor behind bars...[more]
Keeping
an Eye on Your Tail End
The Continuing Controversy over Specialty License Plates
In
some quarters, the back ends of motor vehicles are the back ends
getting attention. In Florida, an Italian-American couple is undertaking
a legal challenge to get back from the Department of Motor Vehicles
their confiscated "two dagos" personalized license plate,
which they paid for and have had for several years. Some guardian
of sensitivity found the plate offensive and filed a complaint...[more]
Harassment
Law Chills Free Speech
The
Michigan Court of Appeals recently heard arguments to determine
whether Michigan's sexual harassment law violates the First Amendment.
The law fails the constitutional test in a number of respects...[more]
VMIs
Battle Over Religion Marches On
On
January 24, 2002, a federal judge ruled that Virginia Military Institutes
(VMI) non-denominational dinnertime prayer is unconstitutional because
it violates separation of church and state principles...[more]
To
subscribe to our e-mail list for periodic updates on
important litigation and legislation affecting your individual
freedoms, click here.
The
Archives
First
Amendment:
2001
2002 2003
|