Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts

Monday, January 30, 2012

Newspaper not liable for comment by website user

This is an interesting decision about defamation in the age of new technology. The Newspaper was held not to be liable for comments made on the comments section of it's website, even if they maintain some editorial control.
Also, an article calling someone a "birther" and therefore a "racist" is not actionable, as it is merely the opinion of the writer.
blog.ericgoldman.org
I previously mentioned this ruling in a recent Quick Link, but I can write up a full post now that I've seen the actual opinion.

Louisville Lawyer John M. Lally www.lallylaw.com

Monday, January 23, 2012

4th Amendment Search Rights Apply To GPS Monitoring


www.chicagotribune.com
WASHINGTON (Reuters) - The Supreme Court for the first time ruled on Monday that police use of a GPS device to monitor a suspect's vehicle was a search and protected by constitutional privacy rights, a test case involving new surveillance technology. 


Louisville Lawyer John M. Lally www.lallylaw.com

Wednesday, January 18, 2012

Citizens United so far

The primaries have gone on long enough for us to see the affect that Citizens United is having on the election. It appears that the Super Pacs are having a huge affect on the Republican primary. Billions of dollars are being poured into the election, and they're not even going after Obama yet. Much of what's being produced is negative (and allegedly false) attacks.
www.washingtonpost.com
The GOP candidates are eager to complain about the “super PACs” dominating the primary race — but they also reaping the political benefits they offer.


Louisville Lawyer John M. Lally www.lallylaw.com

Tuesday, January 17, 2012

Those cameras are just for when YOU do something wrong.


jonathanturley.org
In Florida, Melbourne police Officer Derek Middendorf is accused of beating a 66-year-old man suffering from dementia. A dash camera shows Middendorf delivering a kick to the stomach of ...



From law professor Jonathan Turley's blog: Police turn off the cameras to beat a suspect with dementia.  Sounds like a lawsuit to me.


Louisville Lawyer John M. Lally www.lallylaw.com

Wednesday, January 11, 2012

Helicopter manufacturer claims injury from video game's depiction of their product


www.hollywoodreporter.com
As if Electronic Arts doesn't have enough litigation on its plate from rivals, athletes, insurers, and game creators, the video game publishing giant is now involved in a fight with the military-industrial complex.

Lawyers for a manufacturer of military helicopters are threatening to sue a video game producer for the use of the helicopters' likenesses in the video games.  They say that the visual appearance of the helicopters is their intellectual property, and that the use of the likenesses dilutes their rights in the design.  The game company claims that the use is fair use.
Louisville Lawyer John M. Lally www.lallylaw.com

Tuesday, January 10, 2012

Censorship in Jeffersonville

A critical student newspaper article offends a local principal.  He imposes a censorship policy.  He also tries to punish students for what they post on Facebook.  The journalism teacher/ newspaper's faculty advisor  is berated in front of her students, and ultimately suspended. Lawsuit ensues.  Lawyers for the Plaintiff say she was suspended "in retaliation for her protected speech and activities as outlined above, including her opposition to the illegal policies proposed by the defendants, her union activities, and her support for students who opposed censorship".
Louisville Lawyer

Louisville Attorney John M. Lally www.lallylaw.com