Feb

24

9th Circuit Gives California Violent Video Games Bill the Beat Down

February 24, 2009 | Leave a Comment

Last week, in Video Dealers Software v. Schwarzenegger (pdf), the Ninth Circuit unanimously affirmed a District Court decision for summary judgment in favor of the plaintiff’s constitutional challenge that a California act banning the sale of games classified as “violent” to minors violated the first amendment right to free speech. The Court held that [...]

Jan

28

W&M Up Against FIRE-ing Squad

January 28, 2009 | 1 Comment

The nation’s second-oldest college, which prides itself on having educated some of the most important Founding Fathers, has been criticized for undermining the most fundamental right in the Constitution: the freedom of expression. FIRE, the Foundation for Individual Rights in Education, has labeled William & Mary a “red-light” school, calling out the College for having [...]

Nov

10

Fox News v. FCC: Indecent Restrictions on TV Profanity?

November 10, 2008 | Leave a Comment

If a word describes something usually done in the bedroom or bathroom, then that word should only be used in private. That is the motto after which the Federal Communications Commission’s (FCC) rules regulating the use of profane language on broadcast television seem to be modeled. One cannot delve into the meaning and purpose of [...]

Oct

23

The Obscenity Prosecution Task Force’s Crusade Against Porn

October 23, 2008 | 1 Comment

One of the most controversial recent Department of Justice initiatives is the Obscenity Prosecution Task Force (OPTF) founded in 2005. According to the DOJ’s official website, the OPTF “is dedicated exclusively to the protection of America’s children and families through the enforcement of our Nation’s obscenity laws.” Recently, however, those dubious aims have recently [...]

Oct

1

WTF? FCC v. Fox Television Stations

October 1, 2008 | Leave a Comment

On Friday night, a few of the nation’s leading law scholars argued whether fleeting expletives can be publicly broadcast without a fine.
The moot court was scheduled as part of the Institute of Bill of Rights Law annual Supreme Court Preview. This year’s case, FCC v. Fox Television Stations, featured Tom Goldstein, one of the nation’s [...]

Sep

23

Pastors for Politicians?

September 23, 2008 | Leave a Comment

The Alliance Defense Fund is calling for Christian pastors to begin endorsing political candidates on September 28, 2008—which has been illegal since 1954. The issue stems from the First Amendment’s Free Speech Clause potentially trumping the IRS tax code 26 U.S.C § 501(c)(3), which exempts religious organizations from income tax so long as those [...]

Sep

9

Secrets, Secrets Are No Fun: Hacking and the First Amendment

September 9, 2008 | Leave a Comment

Remember the movie Hackers?  In one of Angelina Jolie’s earliest film roles, she portrays an underground computer hacker, a.k.a. “Acid Burn,” with a (micro)chip on her shoulder and a penchant for creating chaos.  The year is 1995, and the internet is just coming of age.  She and her grungy troupe of Jolt-drinking, Cheeto-scarfing computer hackers [...]

Aug

5

Privacy and Political Contributions

August 5, 2008 | Leave a Comment

I recently plugged in my Williamsburg zip code to a Web site to see whether my neighbors were making campaign contributions. Not only was I surprised to discover that classic rocker Bruce Hornsby lives just down the street, but I also unearthed the political affiliations for some faculty members at William & Mary. It was [...]

Jul

18

Apophasis

July 18, 2008 | Leave a Comment

With all of the chatter around the Supreme Court’s recent Heller, Boumediene, and Kennedy decisions, it has been easy to overlook some interesting cases making their way through other parts of the court system. For instance, Center for Bio-Ethical Reform v. Los Angeles County Sheriff Department, No. 05-55294, slip op. (9th Cir., July 2, [...]

Apr

4

Telecom Spying– You Are Still Not Safe

April 4, 2008 | Leave a Comment

You’re still not safe because there’s still no terrorism exception to the rule of law. That was the message from the Attorney General this week in his address to the Commonwealth Club of California. After his initial remarks (which were on the ongoing effort to fight public corruption) he solicited a question on [...]

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