Juris Vodcast » 1st Amendment

Don’t Ask Don’t Tell

Scott F. Pearce, Esq. — Wed, 11 Jun 2008 01:52:39 +0000

The First Circuit issued an important decision in Cook v. Gates. The plaintiffs challenged the “Don’t Ask, Don’t Tell” law on a number of constitutional grounds, including substantive due process, equal protection and the First Amendment’s right to free speech. The First Circuit decision was in favor of the military and against these plaintiffs.

This decision is important to civil libertarians, because it recognizes that private sexual behavior is entitled to intermediate scrutiny.

Read a PDF of the 1st Circuit Decision – Mainstream Articles 1 2 3

Baseball Fantasy League Case

Scott F. Pearce, Esq. — Tue, 03 Jun 2008 20:22:04 +0000

It’s OK to run a for-profit fantasy baseball league without paying Major League Baseball for the right to use the names and statistics of big league ball players. The Supreme Court has declined to hear a case on this point, coming out of the 8th Circuit.

Read the 8th Circuit decision for yourself. Then go have a look at mainstream media coverage in the following locations: 1 2 3 4 5

FCC v. Fox – Free Speech Case?

Scott F. Pearce, Esq. — Mon, 26 May 2008 03:39:06 +0000

The Second Circuit says that recent FCC rule changes regarding indecency are “arbitrary and capricious.” The Supreme Court will hear the FCC’s appeal. This case has been discussed as a free speech case, but it’s really all about administrative law.

Here is a link to the 2nd Circuit Opinion. While you’re at it, check out the FCC’s Petition for Cert.