In California, a person with developmental disabilities has the same legal rights and responsibilities guaranteed all other individuals by the United States Constitution, including “a right to religious freedom and practice.” (Welfare and Institutions Code section 4502 [Lanterman Act]). Plaintiffs are the owners six-bed residential community care facility. The defendant is a regional center established […]
Under The Religious Freedom Restoration Act, Closely Held Corporations Are Excused From Obamacare’s Contraceptive Mandate.
The United States Supreme Court was called upon to decide whether the Religious Freedom Restoration Act of 1993 [RFRA] permits the United States Department of Health and Human Services [HHS] to demand that closely held corporations provide health insurance coverage by methods of contraception that violate sincerely held religious beliefs of the companies’ owners. One […]
Buffer Zone Outside Abortion Clinics Violates First Amendment.
Petitioners are individuals who approach and talk to women outside abortion clinics, attempting to dissuade them from obtaining abortions. In an effort to address clashes between abortion opponents and advocates of abortion rights, Massachusetts passed a law which makes it a crime to knowingly stand on a “public way or sidewalk within 35 feet of […]
Privacy Rights Of Nonparty In Copyright Infringement Action.
Defendant operates in internet service through which users may upload and retrieve digital music files. Plaintiff brought an action in the New York trial court, alleging defendant infringed on copyrights afforded under New York common law. A nonparty publishes an online newsletter and published an article reporting an artist accused defendant of copyright infringement. Following […]
U.S. Supreme Court Held Prayer Permitted At Town Hall Meetings.
Following roll call and the Pledge of Allegiance, a small town in New York has a local clergyman deliver an invocation at its Town Board meetings. A typical prayer is: “Lord we ask you to send your spirit of servanthood upon all of us gathered here this evening to do your work for the benefit […]
“A Nation Of Sheep Will Beget A Government Of Wolves,” Edward R. Murrow.
A superior court refused to provide prompt access to newly filed unlimited civil complaints, making a news service wait days or weeks until the documents are fully processed. The news service brought an action for declaratory relief in federal court, and the trial judge declined to decide the matter because it implicates sensitive state interests. […]
But The Sky’s The Limit For Political Campaign Contributions.
In the Federal Election Campaign Act of 1971 [FECA; 2 U.S.C. § 441a], Congress imposed two types of limits on campaign contributions: base limits restrict how much money a donor may contribute to a particular candidate and aggregate limits restrict how much money a donor may contribute in total to all candidates or committees. Here, […]
I ♥ Boobies Bracelets Not Lewd.
Middle school kids wore bracelets to school that said, “I ♥ boobies (KEEP A BREAST)” as part of a nationally recognized breast cancer awareness campaign. The school district banned the bracelets, relying on Bethel School District No. 403 v. Fraser (1986) 478 U.S. 675, [106 S.Ct. 3159, 92 L.Ed.2d 549],which held that a school district […]
Press Access To Juvenile Courts.
A blanket order in LASC’s juvenile court provides that all members of the press “shall be allowed access” to dependency hearings unless there is a reasonable likelihood that access will be harmful to the child’s best interests.” The order further provides that no one may be denied access to a courtroom until an objection has been […]
Sad State Of First Amendment Affairs.
In past years, a high school saw violence on Cinco de Mayo when “Mexican students had been walking around with the Mexican flag,” and other students “hung a makeshift American flag on one of the trees on campus.” In 2010, during a break, a group of Mexican students asked the assistant principal “why the Caucasian […]
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