Churches challenge IRS, claim First Amendment rights

By Paul Jivoff


Pastor Luke Emrich
AP Photo by Dinesh Ramde
September 28, 2008






As election day approaches, churches across the U.S. are pushing for fewer restraints on their political speech. Pastor Luke Emrich of New Life Church in Wisconsin is one of a group of church leaders challenging the IRS tax code which stipulates that a church can lose its non-profit standing by taking sides in a political campaign.

The AP reports that pastors are moving beyond preaching about issues like abortion, gay marriage, and other traditionally religious concerns, and are recommending candidates from the pulpit. These political sermons all occurred on Pulpit Freedom Sunday as part of a plan by the Alliance Defense Fund intended to begin a legal battle for more church speech rights.

Advocates of the initiative say that the IRS code unconstitutionally interferes with pastors' First Amendment rights. Critics of the initiative warn that, if successful, it could compromise the church's traditional charitable role. Others worry that if this kind of speech is allowed from non-profit churches, it will be tantamount to using taxpayer dollars to support a political campaign.

Politicians make efforts to block opponents ads

By Max Nerenberg


AP Photo by Al Grillo
Alaska Senator Ted Stevens speaks in Anchorage, Alaska
September 19.


As political ads are on the increase this election year, lawmakers are being forced to consider the limits on free speech when it comes to these ads, according to a Wall Street Journal article.
This month lawyers for Alaskan Senator Ted Stevens threatened action against Alaska broadcast stations that aired an attack ad. The ad, which alleged Stevens had received an illegal deal, when he traded his car in for a Land Rover, was attacked by Stevens’ lawyers for being inaccurate.
Stations would be required to air the commercial if it was paid for by a rival candidate, but it was instead paid for by the Democratic Senatorial Campaign Committee, a third party.
This is part of a trend, which some lawyers and station managers say is on the rise: lawyers for political candidates are trying to keep rival ads off the air.
“I think candidates want us to become the censors,” Mike Burgess, general manager of an Albuquerque NBC affiliate, told the Journal, “I don’t think that’s our job.”
Many of the ads under attack are those from third party groups, known as 527s (the section of tax law they operate under). These ads enjoy fewer protections because they are often considered more edgy than others, and they have looser financing rules than candidates.
John Zakhem, a republican election lawyer, who has taken part in several cease-and desist actions against third party ads told the Journal, “[527s] are not accountable to voters for what they say.
Ezra Reese, another attorney who has been involved in similar cases told the Journal that efforts to block third party ads have become standard in political campaigns.

Sex Offender Allowed to Remain Anonymous Online

Posted by Alison Baitz
AP Photo by Jim Cole

A Utah law that requires sex offenders to reveal their Internet screen names and passwords to the Utah Department of Corrections has been ruled unconstitutional to one man by U.S. District Judge Tena Campbell, according to the Salt Lake Tribune. The decision applies only to Doe.

The man is being referred to as John Doe in court documents. It has been decided that he "retains his First Amendment right to anonymous online speech." The decision is the first of its kind to address the online anonymity rights of sex offenders. The constitutionality of the law remains intact for offenders still on parole.

The Utah state law in question required almost 7,000 registered sex offenders to relinquish some of their Internet information, which included social networking websites' passwords and screen names.

Doe had been "found guilty of carnal knowledge and sodomy of a minor," according to the Salt Lake Tribune, and served 13 months in the corrections system. After serving his time, Doe was not placed on parole or supervised release. He sued in June, saying that he already served time and the law in question violated his free speech rights.

Campbell stated that her decision does not prevent other types of measures to catch criminals online.

Minnesota sued by news groups banned within 100 ft of polls

Post by Gina Colonette AP Photo/Minnesota Polls

News organizations are suing the state of Minnesota for not allowing them within 100 feet of polling places.

State Legislature was passed in Minnesota this past April stating reporters could not be within 100 feet of polls. News organizations are saying this violates their First Amendment rights to gather information. Reporters gather information about the political process and exit polls to find out why people voted and to track social trends. By making reporter stay 100ft away from the polls the accuracy of their data will be called into question.

The lawsuit was filed in Federal court in Minneapolis. The lawsuit asks that this law be considered unconstitutional because it blocks news organizations from exit polling activities.

With people’s high interest in the election this year the work done by these news organizations will be in high demand.

Susan Buckley, an attorney for the news organizations involved in the lawsuit states, “This reporting will be valuable not only for our present understanding of this historic election; it will also inform the analysis of historians, social scientists, and others who will study the results for years to come."

According to Buckley, this is the 12th lawsuit in 10 states regarding the election. The First Amendment has been found to be in violation in all 10 states.

Airborne Pays $30 Million To Settle FTC Charge of False Advertisements

Post by Mahala Gaylord
photo by NAM Y HUH/AP ©2005


The Federal Trade Commission charged the makers of Airborne, a company which makes cold-prevention medicine, with the use of false and unsubstantiated claims about their product in advertisements and on their label. A class action lawsuit is pending in the U.S. District Court for the Central District of California.

"The FTC charged that the makers of Airborne, former teacher Victoria Knight-McDowell and her husband, made express or implied unsubstantiated claims that the product could reduce the risk of or prevent colds, protect against or help fight germs, reduce the severity or duration of a cold, and protect against colds, sickness and infection in crowded places." as stated in an article on adlawbyrequest.com.

“There is no credible evidence that Airborne products, taken as directed, will reduce the severity or duration of colds, or provide any tangible benefit for people who are exposed to germs in crowded places,” said Lydia Parnes, Director of the FTC’s Bureau of Consumer Protection in a release.

Airborne agreed to pay $26.5 million in refunds and an additional $6.5 million to redress customer claims according to adlawbyrequest.com.

Although Airborne is paying a settlement, the company denies any wrongdoing or illegal activity. Airborne made a statement reassuring its customers that Airborne does indeed work.

“Consumers can feel confident that the advertising and labeling going into the marketplace accurately reflects what Airborne products do,” said Airborne CEO Elise Donahue, according to adlawbyrequest.com.

Singer Sues After His Song Appears In Anti-Obama Ad

Post by Amy Bonanno
AP Photo/Louis Lanzano


Most musicians are happy if people remember their songs after thirty years. But for Jackson Browne, a Democratic activist, hearing his 1977 hit “Running on Empty” in a recent John McCain political ad, was reason to go to court.

According to ADLAWbyRequest, Browne is suing John McCain, the Republican National Committee, and the Ohio Republican Party for using his song in an ad that attacks the Junior Illinois Senator’s energy policy. The ad specifically pokes fun at Obama’s suggestion of conserving gasoline by keeping car tires at proper pressure.

Browne's complaint, filed in the U.S. District Court for the Central District of California, states “[T]he [c]ommercial falsely suggests that [he] sponsors, endorses and is associated with McCain and the Republican Party, when nothing could be further from the truth.”

The singer is seeking $75,000 in damages as well as an injunction to stop the commercial. He says the ad “infringed on his copyright, and violated his right of publicity under California common law.”

San Francisco Butts In; Tobacco Giant Sues

By Marisha Kelly

AP Photo/Jens Meyer


Philip Morris USA sued the City of San Francisco on Sept. 24 for enacting a law that would prohibit tobacco products from being sold in convenience drug stores, according to Firstamendmentcenter.org.

Asserting that its First Amendment rights to sell a legal product were being violated, the nation’s leading cigarette retailer went to Federal Court.

“Although called a ban on sales, the purpose and effect of the ordinance is to suppress communications directed to adult smokers, in violation of our constitutional rights,” said Joe Murillo, Altria Client Services vice president and associate general counsel, in a company announcement on the PM USA Web site. “Likewise, the ban unfairly deprives adult consumers of the opportunity to buy tobacco products from legitimate licensed retail businesses.”

The Supreme Court ruled in Lorillard Tobacco Co. v. Reilly (2001) that the selling and use of tobacco products by adults is a legal act, even though the state holds substantial interest in preventing kids and teens from tobacco use.

PM USA requested a temporary restraining order (TRO) to stop the law from going into effect Oct. 1, according to an ABC Bay City News local report. U.S. District Judge Claudia Wilken of Oakland rejected the TRO late on Sept. 26.

Walgreens requested an emergency injunction against the ban, which passed in July, in Superior Court. According to the San Francisco Chronicle, Walgreens said the ban was discriminatory, affecting individual pharmacies but not "grocery stores or big-box stores that have pharmacies within them and also sell cigarettes."

Newspaper banned from reporting testimony in lawsuit by delivery workers

Photo by Associated Press
© April 02, 2002

By Matt Gelb

Legal scholars called a California Superior Court judge's decision to bar The Orange County Register from reporting about testimony on a class-action lawsuit by newspaper delivery workers "clearly and blatantly unconstitutional."

Superior Court Judge David C. Velasquez ordered the paper not to publish any articles on testimony from the $100 million lawsuit brought forward by 600 former carriers in Gonzalez v. Freedom Communications Inc. The delivery workers held that Freedom, the parent company of The Register, did not grant them full benefits as employees.

Velasquez ordered both parties from discussing witness testimony outside of court, a "highly unusual" sanction, according to the article. Lawyers for the newspaper contend this is prior restraint, which is unconstitutional in this case.

The Register's council plans to challenge Velasquez's order in the 4th District Court of Appeal in Santa Ana.

Student loses lawsuit concerning fake MySpace page

Photo by Doug Lindley
© May 30, 2008 Associated Press

By Dara Kahn

According to the First Amendment Center, J.S., a student at Blue Mountain Middle School in Orwigsburg, Pennsylvania, has lost her free-speech lawsuit against her school district, the superintendent and the principal, James McGonigle, in one of the state’s federal district court. U.S. District Judge James M. Munley delivered the decision on September 11, noting that J.S. was at fault because the Web page was vulgar and lewd.

J.S., a minor, created a fake MySpace profile page for McGonigle, which used a copyrighted photograph without permission and listed numerous false statements about McGonigle, including descriptions of him being a pedophile and that he enjoyed pornography. Though she — and the friend who helped her — set the page to “private,” it was printed out and distributed at school. McGonigle heard about it from another teacher, found out J.S. was involved, and suspended both students for 10 days for violation of a school policy that prohibits such actions.

The parents of J.S., Terry and Steven Snyder, were the ones who initiated the lawsuit, claiming their daughter’s First Amendment rights had been violated because her content was created off-campus and didn’t cause a considerable disruption at school.

The court ruled in favor of McGonigle, using Bethel School District v. Fraser (1986) as a precedent, saying that he was allowed to punish J.S. This case established that public schools officials can discipline students who use vulgar, lewd speech at a school assembly or similar situation. Judge Munley dismissed the plaintiff’s argument that the school had no power over material created off-campus, saying “The website addresses the principal of the school. Its intended audience is students at the school. A paper copy of the website was brought into school, and the website was discussed in school.”

For more information about publishing information on- versus off-campus, read the First Amendment Center’s section on “Underground Papers and Off-Campus Speech.”

Board may need to redo meeting after ejecting protestors

(Maricopa County police officers wait for a news conference.)

Photo by Roy Dabner (Associated Press, 2006)

By: Stephanie Ohol

According to firstammendmentcenter.org, Maricopa County Supervisors may have to redo a meeting that was held on September 17, 2008 after policeman held the doors shut to protestors. They were prevented from entering the meeting for about 90 minutes.

The purpose of the meeting was to allow a local Sheriff to "cancel a police-service contract with the town. He wanted to sever the contract after his illegal-immigration sweeps raised the ire of some town leaders." The protesters were protesting against the Sheriff's stance on immigration and were said to be speaking out of turn at the start of the meeting.

Randy Parraz, the leader of the group, was escorted out. "It's obvious they have to have another meeting; it's a matter of when," Parraz said. "Because the way they did it is illegal."

During the time of the hold out, members of the board had voted to server the contract. Supervisor Mary Rose Wilcox said "she and her colleagues didn't know that public access had been blocked. The minute we became aware that it was locked, we suspended the meeting."

If county officials decide that another meeting needs to be held, then the board will have to explain (write) in detail the events that "led to the violation of the open-meeting laws."

Student Suspended for Homemade Anti-Obama Shirt

(AP Images/Photo by Norm Dettlaff)
By Laura DeJoseph

According to FoxNews.com, an 11-year-old, fifth grade student was suspended after wearing a homemade anti-Obama t-shirt to school. The student, Daxx Dalton, of Aurora, Colo., wore the shirt to show his conservative views on a day when students were expected to wear red, white, and blue to show their patriotism.

The t-shirt, reading "Obama is a terrorist's best friend," was encouraged by the boy's conservative father who now says he intends to sue the public school for violating his son's First Amendment rights. The school gave Dalton the option of changing his shirt, turning it inside out, or being suspended.

"They're taking away my right of freedom of speech," said Dalton on MyFoxColorado.com. "If I have the right to wear this shirt I'm going to use it. And if the only way to use it is get suspended, then I'm going to get suspended."

In a press release on the Aurora Frontier K-8 School's website, it states that "Aurora Public School staff members understand and respect the rights of students to free speech." The news release also states: "Any type of attire which attracts undue attention to the wearer, and thus causes a disturbance to the educational process is in bad taste and not acceptable."

NEW EDUCATION HOPES TO EXPAND LEGAL AWARENESS FOR BLOGGERS

By, Amanda Bernasconi

In recent reports from Media Channel.com, the United States organization Media Bloggers Association (MBA) announced on September 18, 2008 that they would be launching education, legal advice, and would be providing liability insurance programs for bloggers.  A free online course has been developed by MBA, in association with Poynter Institute’s News University and the Citizen Media Law Project.  This course concerns media law focusing on the role and perspective played by online publishers and bloggers.  This insurance plan will be provided through Media/Professional Insurance and protect individuals against “defamation claims, allegations of copyright infringement and invasion of privacy.”  Blogging in recent years has become an increasing form of “citizen media” and has slowly caused “changes in the media landscape.” All involved in this project hope that this new form of proactive protection will put bloggers in a position to receive the same support as a mainstream media organizations. 

            The MBA strongly believes all bloggers can benefit from the topics covered in their education.  They are at this time offering the education course free of charge however, it is a piece of their membership application.  By becoming a member of MBA one will also have access to a “legal hotline” which will be controlled by the law firm Sonneschein Nath and Rosenthal, a firm which prides themselves on being “a leader in innovative legal services.”  Also, through this membership bloggers are offered the opportunity to purchase this unique insurance. 

For more information on this announcement: MBA Launches education, legal advisory, and liability insurance for bloggers

Draft bills won't be made public in Wisconsin

AP Photo/Morry Gash

Wisconsin's Former Attorney General Peg Lautenschlager

By: Taj R. Chrisp

Yesterday an appeals court dismissed a lawsuit that went against the Wisconsin lawmakers’ actions of withholding drafts or bills from the general public, but sharing these same documents with lobbyists.

According to firstamendmentcenter.org, the District 1 Court of Appeals ruled in State v. Zien that the former Attorney General Peg Lautenschlager doesn’t have the legal ability to continue the case since she was not re-elected to office in 2006.

In 2005 Lautenschlager filed suit seeking a court order to declare that when lawmakers share drafts of bills with interest groups, like lobbyists, the documents should be declared as public records. Her claim was that the open-records law was violated, and that certain groups were given greater social influence than regular citizens.

Lautenschlager’s successor didn’t appeal the case, but she decided to after hiring her own attorneys.

The appeals court said that private citizens like Lautenschlager don’t have the right to appeal such a case when the attorney general gets involved to put the open-records law in action on their behalf.

Reporters denied access to breaking news on "quasi-public" beach

By: Stacey Foster

AP Photo/Bob Galbraith, File July 17, 1997.









The California side of Lake Tahoe.

Two reporters were denied access to the site of a sinking sea plane on Lake Tahoe’s “quasi public” beaches, says the North Lake Tahoe Bonanza.

The two reporters from KTVN in Reno went to cover the story on Burnt Cedar Beach and Ski Beach when Hal Paris, Parks and Recreation Director for the Incline Village General Improvement District, an agency overseeing those beaches, denied the reporters access, the Bonanza said. Paris denied them access based on an ordinance of the district. This ordinance requires people seeking access to the “quasi public” beach to have a district card or have someone they know sponsor their entry as a guest and pay an eight dollar fee.

An unidentified person with a district card approached the reporters and got one in as a guest, the Bonanza said. After paying the eight dollar fee the reporter/guest was admitted. Public safety officials were also granted admission. Officials like those of the Washoe County Sheriff’s Office, North Lake Tahoe Fire Protection District, U.S. Coast Guard and other emergency officials were granted access to the beaches without paying a guest fee because they were, “doing their jobs.”

All this comes after an April 30th 2008, Policy and Procedure Number 136 was passed by the district, the Bonanza said. This policy set up “designated public forum areas… areas where all persons may exercise the activities of expression, speech and assembly, to the extent permitted by law and this Policy and any rules and regulations which the District may adopt.” The document goes on to list these “designated public forum areas” and both beaches, Burnt Cedar Beach and Ski Beach, have these areas.

According to the district's website, it is a “quasi public” agency whose job it is to “provide water, sewer, trash and recreation services for the communities of Incline Village and Crystal Bay, Nevada.”

Claims that Bloomberg Defamed Gun Store Heard in Circuit Court

(Rob Barr answers questions while owner of Adventure Outdoor Sports, Jay Wallace and his wife stand nearby)
(c) 2006 Associated Press
Photo by: Ric Feld

By: Katlyn Morahan

According to firstamendmentcenter.org, the 11th US Circuit Court of Appeals heard a case on Monday involving Libertarian presidential candidate Bob Barr, New York City Mayor Michael Bloomberg and New York Police Commissioner Ray Kelly. Barr represented Adventure Outdoor Sports, a sporting goods store in Smyrna, Georgia in the $400 million lawsuit.

Barr claimed that Bloomberg defamed the store by labeling it as one of a list of "rogue gun dealers" that was responsible for selling guns to New York City criminals.

Monday's case marked the latest in an ongoing legal struggle that began two years ago when Mayor Bloomberg sued 15 firearms stores claiming that they had sold guns to New York City criminals. Barr filed a libel suit against Bloomberg soon after. Bloomberg's lawsuit eventually grew to include 27 similar firearms stores. Although four stores have now closed, many of the stores have now settled with New York City.

The hearing on Monday focused on whether to hear the court in state court or federal court. While Mayor Bloomberg's attorneys want the case to remain in federal court, Barr thinks the case should stay in the Georgia state court system. Peter Canfield, Mayor Bloomberg's lawyer, has claimed that Bloomberg's statements were protected by immunity because of his status as an elected official according to New York State law. By contrast, Barr argued that a Georgia immunity law that is weaker should prevail.

W.Va. Chief Justice Ordered to Release E-mails

AP Photo/Bob Bird, File

Pictured: Elliott Maynard (center)


By Kyle Austin

A judge in West Virginia has ruled that judicial officers are not above freedom of information laws, as it is forcing State Supreme Court Chief Justice Elliott E. "Spike" Maynard to release three e-mails to the public, the Associated Press is reporting.

Kanawha County Circuit judge Duke Bloom ordered Maynard to release the e-mails on Tuesday, following a lawsuit filed by the AP against the high court. In his ruling, Bloom rejected the State Supreme Court's argument that the state's FOIA laws were not applicable to judicial officers.

The e-mails are between Maynard and Don Blankenship, CEO of Massey Energy. Maynard has previously ruled in favor of the energy company in a 2002 civil lawsuit. In 2006, photographs of the two men vacationing together surfaced, prompting an investigation by the AP that eventually lead to a FOIA request that released the e-mails.

Maynard lost his May re-election bid in the wake of the scandal.

Eight other e-mails between Maynard and Blakenship remain sealed, after the court determined that they did not contain information pertaining to public interest.

Philadelphia Paper Wants Secret Civil Case Unsealed

© The Associated Press 2000. (Image: The U.S. Supreme Court)



By: Caitlin Hogan

The Legal Intelligencer, a Philadelphia-based legal newspaper, has asked the U.S. Supreme Court to unseal the case index of the civil suit, Jane Doe v. C.A.R.S. Protection Plus Inc., Fred Kohl.

According to The Associated Press, the western Pennsylvania case, which was filed by a woman claiming she was fired after having an abortion, has been litigated in secret for seven years. The case was never publicized and a search for it in the district court’s database yields no returns. Information finally surfaced this year when the 3rd U.S. Circuit Court of Appeals published its ruling against the employer’s motion to unseal the case file.

The woman claims she was fired by C.A.R.S. Protection Plus Inc. because she had an abortion. According to the company, the woman was terminated because she “abandoned her job by taking an unexcused absence.” The lawsuit was dismissed by a district court, but the woman later appealed with a “gender-discrimination claim.”

Little is known about a court’s ability to seal civil cases. Circuit courts in New York and Atlanta have ruled against secret dockets. However, newspapers in Washington, Connecticut and Nevada have asked courts to unseal cases involving “civil rights issues or prominent local citizens.”

The Legal Intelligencer does not wish to reveal the woman’s identity, but Robert C. Clothier, the lawyer representing the newspaper, wonders how the judicial system is being checked and balanced if cases of civil interest remain sealed.

YouTube Bans Violence-Inciting Videos

© 2005 Associated Press

(Pictured: The news correspondent of this online newscast expressed support for an Al-Jazeera correspondent charged with collaborating with al-Qaida in 2005.)

By: Akiko Matsumoto

The video-sharing website YouTube will no longer entertain any terrorist training videos thanks to Senator Joe Lieberman.

According to The Associated Press and The Washington Post, Lieberman's criticism that the website was too open to terrorist organizations was taken into consideration when YouTube updated their "Community Guidelines." The new policy bans videos on terrorism training, videos that incite others to commit violent acts, and videos that act as tutorials for activities, such as making bombs.

In May, the Google-owned YouTube removed a few videos after Lieberman requested the company "immediately remove content produced by Islamic terrorist organizations." Many of the removed videos were branded with the logos of al-Qaida and affiliated terrorist groups, but the company refused to take down most of the videos on the senator's list.

YouTube stated in May, "While we respect and understand [Lieberman's] views, YouTube encourages free speech and defends everyone's right to express unpopular points of view."

The tighter restriction suggests a shift in YouTube's stance while counterterrorism officials question the effectiveness of their latest action. Officials argue that less online propaganda would be "good news," but Al-Qaida's strong online presence is not limited to YouTube and online videos have helped investigators to monitor terrorists in the past.

Son of "Voice of God" Headed to Court

Photo by Paul Sakuma

© 2008 Associated Press

(Image of John Madden's video games. During a show about the games, John Facenda's voice was used.)

By: Emily Arrighi

According to firstamendmentcenter.org, the son of football announcer and “Voice of God” John Facenda will have the opportunity to bring his case in front of a jury.

Facenda’s voice was used in a show about a John Madden video game. The show was aired eight times. Facenda’s contract allows the NFL to use his voice except for commericial endorsments.

The 3rd U.S Circuit Court of Appeals said that his voice was used for what they considered a commercial based work. However, the NFL felt that his voice was used in an “artistic endeavor” which would be protected by the first amendment. The Court also did not agree with the NFL’s claim that it’s copyright is more powerful than states contract law.

“In its Sept. 9 opinion Facenda v. NFL Films, Inc., the appeals court granted the NFL a partial victory on the issue, reversing the lower court finding that there was a likelihood of confusion about whether Facenda was endorsing the game and leaving the question for jurors.”

The NFL said that they are ready to present the facts to a jury.

Facenda died in 1984 after working twenty years as the voice of NFL films.

Virginia Anti-Spam Law Reversed

Photo by Abigail Pheiffer
© 2005 Associated Press

(Pictured: Jeremy Jaynes (left), a high profile spammer with his attorney David Oblon (right) after his sentencing in 2005.)

By Donna Ho

According to The Associated Press, the Virginia State Supreme Court has declared the state's anti-spam law unconstitutional. The anti-spam law was created in 2003 to prevent people from receiving masses of unwanted e-mails. The court's ruling reverses the conviction of Jeremy Jaynes, who argued the law violated his free speech protections under the First Amendment.

In 2004, Jaynes was convicted for sending millions of emails through an AOL server in Loudoun County, Virginia. He sent the unsolicited e-mails which included "get rich quick" methods from his home in Raleigh, North Carolina. Jaynes was the first person in the U.S. to be convicted under the law when he was sentenced nine years in prison. Jaynes was charged for the spam case under Virginia law because he sent the e-mails through an AOL server there.

Athough the court upheld the anti-spam law 4-3 in February 2008, Jaynes' lawyers asked the court to reconsider, according to The Washington Post. On September 12, 2008, the Virginia Supreme Court made a unanimous decision which agreed with Jaynes' claim that the anti-spam law violates the right to free and anonymous speech under the First Amendment.

Attorney General Bob McDonnell said he was "deeply disappointed" and plans to take the issue to the U.S. Supreme Court, The Associated Press reports. Most states have anti-spam laws and sending commercial spam is still illegal under the federal CAN-SPAM Act. Jaynes' attorney, Thomas Wolf says however, the federal law does not apply to Jaynes' case because the act was implemented after he sent the e-mails.

Italian Comedian Faces Jail Time for Insulting Pope

By Lauren Foley

Photograph by Riccardo De Luca © 2008 Associated Press

According to Times Online, Italian comedian and actress Sabina Guzzanti could serve five years in prison for insulting the Pope at a rally in Rome’s Piazza Navona on July 8, 2008.

At the rally, which was held in protest of the Vatican’s “interference in Italian rights, from abortion to gay rights,” Guzzanti joked to the crowd that “within 20 years the Pope will be where he ought to be – in Hell, tormented by great big poofter devils [homosexuals], and very active ones, not passive ones.” Italian law enforcers took offense at the remark, and are charging her with “offending the honor of the sacred and inviolable person" of Benedict XVI.

Giovanni Ferrara, a Roman prosecutor, is in the process of applying to the Ministry of Justice for authorization to take legal action against Guzzanti under the 1929 Lateran Treaty between Italy and the Vatican, “which stipulates that an insult to the Pope carries the same penalty as an insult to the Italian President,” according to Times Online.

But while some right wing Italian politicians are in favor of the prosecution (Christian Democrat Luca Volonte said that "gratuitous insults must be punished”), most are opposed to what Guzzanti’s father has called “a return to the middle ages.”

Italian senator Antonio Di Pietro defended Guzzanti, saying that she was exercising “her constitutional right to freedom of thought.”

"You can agree or not agree with what she said — and personally I didn't,” Di Pietro said, “but to put people in prison for what they think is reminiscent of a time when those who thought differently had castor oil poured down their throats.”

Case Lawyer for Al-Jazeera Responds to Claims of Discrimation

Photograph © 2008 The Daily Mail
(pictured left) Photograph of Jo Burgin, a journalist who is suing her former employer, Al-Jazeera over claims of racial, sexist, and religious discrimination.

By Gillian Arndt

Jo Burgin, a former journalist for Al-Jazeera, is suing the news station for £1million after claiming she was fired for being a 'white, Christian, British female' according to The Guardian and Daily Mail.

An Al-Jazeera English lawyer, Ingrid Simler QC, countered claims made by former executive Jo Burgin by highlighting the appointments of a couple women to other senior roles.

Burgin, who was once the head of planning for the channel, was dismissed in April 2007 when her fixed two-year contract in Doha, Qatar was not renewed.

Today, Simler, representing Al-Jazeera English countered Burgin’s claims at the London tribunal hearing by highlighting the appointment of Kate Ivans and Sue Philips who were both given senior roles in the company.

Simler said these appointments did not fit in Burgin’s picture of the company as one that "does not accept or employ woman in senior positions".

During cross-examination of Burgin, Simler also pointed out that in Doha, Al-Jazeera has employed 74 women out of a staff around 170. Five of the six news editors are women.

She was let go after violating the “family policy” at the company since her husband, Steve Clark, also works there. Burgin contends that Al-Jazeera turns a blind eye towards Muslim couples according to the Daily Mail.

The full hearing will begin on September 9.

McCain Campaign to Limit Media Access to Palin

Photo by Charles Dharapak
(C) Associated Press

By Sal Maneen

A recent LA Times article says the McCain camp will "tightly control" media access to GOP vice presidential candidate Sarah Palin. In the article, campaign manager Rick Davis says "troublemakers" -- those media members who don't treat the governor with "some level of respect and deference" -- will not be allowed access to Palin.

Since being named the VP nominee, Palin has not faced reporters. She will do that for the first time Thursday, when she sits for an interview with ABC World News Tonight anchor Charlie Gibson.

Palin has injected life into the McCain campaign over the past weeks, as McCain has now jumped Democratic nominee Barack Obama in the latest polls. Republicans have been very critical of media scrutiny over Governor Palin though, saying the media's treatment and coverage has been unfair.

The LA Times article says some fear that by restricting access to Palin, there may be some issues she's not questioned on. The article does note though, that during an April debate, Gibson pressed Obama on a wide array of topics -- including flag lapel pins and "bitter" Pennsylvania voters -- something that drew criticism from many commentators and bloggers.

Rowling wins copyright infringement case

Photo By Louis Lanzano
© Associated Press

By Krista Flynt


A federal judge ruled in favor of author J.K Rowling in her copyright infringement lawsuit against a web site operator planning to publish an encyclopedia of Harry Potter terms, reports the Associated press.

U.S. District Judge Robert P. Patterson permanently blocked publication of the reference guide and awarded Rowling and Warner Bros. Entertainment Inc. $6,750 in statutory damages. Patterson said Rowling had proven that Steven Vander Ark's Harry Potter Lexicon would cause her irreparable harm as a writer.

The trial began in April, 2008, after Rowling and Warner Bros. sued publisher RDR Books to stop publication of material from the Harry Potter Lexicon web site. Vander Ark has run the site since 2000, which is a guide to the Potter books and includes detailed descriptions of characters, creatures, spells and potions.

And, though Rowling had once praised Vander Ark’s Web site, she testified earlier this year that the lexicon was nothing more than a rearrangement of her material.

The RDR Books did not contest that the encyclopedia infringes upon Rowling's copyright, but argued that it was a fair use allowable by law for reference books. In his ruling, Patterson found that while reference materials are generally useful to the public, Vander Ark had overstepped his bounds.

He added that he ruled in Rowling's favor because the "Lexicon appropriates too much of Rowling's creative work for its purposes as a reference guide."

Reporters Banned from Press Conference in Detroit

By Kaitlin Ahern

Photograph by Bryan Mitchell © 2008 Associated Press

According to The Reporters Committee for Freedom of the Press, two reporters were banned from a speech given Friday, Sept. 5 by Mayor Kwame Kilpatrick in Detroit, Michigan.

Kilpatrick was found guilty of a sex scandal with his former chief of staff, Christine Beatty, Thursday and was announcing his resignation from office. The reporters, M.L. Elrick of the Detroit Free Press and Steve Wilson of WXYZ-TV, were prohibited from entering the conference by the mayor’s security detail, RCFP’s Web site said.

Wilson reported that the police labeled him a ‘security threat’ under the grounds of a previous incident involving the mayor in which he pushed an officer – an incident Wilson claims never actually happened. Elrick said he was physically blocked from entering the room.

The scandal was uncovered in part by a state Freedom of Information Act request by the Detroit Free Press (also see this article) by which the paper gained access to and published documents containing text messages related to the cover up of Kilpatrick’s affair with Beatty. The documents – which a court ruled were indeed public, following a lawsuit – provided enough evidence to charge Kilpatrick with eight felonies, of which he was convicted of two.

Is Deviating Kids Away from the Military Overstepping One's First Amendment Rights?

Photo by: Jason E. Miczek

Associated Press (C) 2008

By: Christine G. Tebcherany

According to CNN, in the small town of Wilkesboro, NC, a Quaker by the name of Sally Ferrell is very passionate about steering high school students away from joining the military. She has been a peace activist for many years and feels that military recruits are applying too much pressure on high school students to join the military. Ferrell has distributed information to students with the schools permission to ask them to "think twice" before going towards that path. However, recently she has been stopped by the school's superintendent because he states that her actions are being "unpatriotic."

The American Civil Liberties Union is currently threatening to sue due the fact that it is a First Amendment issue. Ferrell and her fellow advocates say that the military recruits are targeting their district because it is a rural area and has a faltering economy. There are not many job opportunities left in the county and "many students feel like they have no future," according to Tom Morris, a retired engineer and small business owner.

Ferrell, a 63 year old Quaker believes in non violence and has put much of her life into counter-recruiting the military in order to make a difference in the lives of others. After a continious battle with the district, Stephen Laws the Superintendent, decided to no longer allow Ferrell to counter-recruit, because she was not offering anything to the school. The school however, leveled with Ferrell a bit by only letting army recruits visit twice a semester and not allowing them to enter into the lunch rooms. The recruiters state that this does not allow them to gain relationships with the students. Army Sgt. R. Scott Gianfrancesco states he that he doesn't like the new rules, but he has to live by them.

CBS refuses to pay licensing fee to NFL Player's Association

Photo by Lenny Ignelzi (c) 1995 Associated Press


By Kate Fagut


According to Yahoo! Sports, CBS interactive has filed a federal lawsuit against the NFL Player’s Association. The lawsuit, filed in Minneapolis, MN district court was in response to a threat that the NFL Player’s Association would sue them for failing to pay licensing fees. The fees pertained to player statistics used by CBS in their interactive fantasy football league.

“The Players Association may not seek to control the use of player statistics in fantasy games and may not continue to extract money from CBS Interactive for the use of publicly available football statistics,” said CBS interactive.

Previously, CBS had paid a licensing fee to the player’s association, however, since the expiration of their deal on February 29th, no fees have been paid. CBS felt they were no longer required to pay licensing fees after the ruling of a similar case involving fantasy baseball.

The fantasy baseball case arose when Major League Baseball players demanded licensing fees from a Missouri-based company. The case, which was ruled in the 8th Circuit Court of Appeals in St. Louis, determined no licensing fees were necessary for player statistics. The case was declined review by the United States Supreme Court.

In a SportsBusiness Journal article by Eric Fisher, CBS sought to uphold their first amendment rights over the union’s rights of publicity and declared the union in violation of the Sherman Act.

St. Paul Under Fire for RNC Policing of Journalists

Photograph by Matt Rourke © 2008 Associated Press

By Mirel Ketchiff

According to the Huffington Post, Mayor Chris Coleman of St. Paul, Minn. is facing intense pressure to drop all charges filed against the journalists that were arrested this past week during the Republican National Convention. By the end of the convention around 800 people had been arrested; about 20 were journalists.

The mayor and prosecuting attorneys have received more than 60,000 letters that had been gathered by Free Press, a nonpartisan media reform group, urging city officials to drop any charges and apologize to the journalists. Various journalism groups, including the Reporters Committee for Freedom of the Press and the Society for Professional Journalists, also have expressed concern the law enforcement’s actions and are asking why journalists were kept in detention even after they had shown their credentials. Many are convinced that police at the convention were targeting members of the media and are concerned over this restraint of the press.

Minnesota's Star Tribune reported that many of the reporters and photographers arrested had been attempting to cover a large anti-war demonstration that was taking place Thursday night. As the demonstrators marched into downtown St. Paul police detained both marchers and journalists covering the event. Most were detained for a few hours before being ticketed with criminal citations and released.

Among those arrested were local television photographers, AP reporters, an AP photographer, student journalists and Amy Goodman of Democracy Now!. According to the Star Tribune, police actions during the RNC in St. Paul will be formally reviewed to investigate claims of excessive force.

Kansas University Creates "Free Speech Zone" Around Anti-Abortion Exhibit

Photo by Bill Ross (c) 2008 Associated Press


By Sarah Casey

In a graphic display of free speech Wednesday, Kansas University student Tammy Cook presented images of aborted fetuses at different stages of development in an attempt to show the public what abortion really looks like and to “more fully understand what abortion is”. Cook is the director of field operations for the anti-abortion group, Justice for All, based in Wichita, Kan.

According to LJWorld.com, the images of the fetuses were displayed on panels situated on the front lawn of Strong Hall at KU. In front of the panels stood a “free speech zone” created by several anti-abortion groups in order to foster the sharing of different opinions on the topic, LJWorld said. The free speech zone consisted of panels where both sides could express their views and standpoints on abortion.

Though civility was upheld between pro-choice and pro-life students during the presentation, Elise Higgins, president of the Commission on the Status of Women told LJWorld that her group “thought the way the discussion was framed was inappropriate.”

John McCain Loves Walter Reed Middle School?

John McCain

Photo by Ron Edmonds (c) 2008 Associated Press

By Caylin Harris

With all eyes closely on John McCain during the Republican National Convention it seemed to be a pretty poor time to be experiencing technical difficulties. According to Wired.com, during McCain's nomination acceptance speech, an image of Walter Reed Middle School in North Hollywood popped up.

Normally this would not be an issue, only no one from McCain's campaign staff bothered to contact the school for permission to use their image. The principal of Walter Reed Middle School has released a statement saying that permission to use the image was not granted by the school and that the school has no particular political affiliation.

The school could accuse McCain's campaign of neglecting to get explicit consent to use the image of Walter Reed Middle School in association with his campaign.

No one from the McCain campaign staff has commented. Some speculate that the image was supposed to be the Walter Reed Army Medical Center in Washington, DC.