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Supreme Court takes securities, child pornography cases

[JURIST] The US Supreme Court [official website; JURIST news archive] granted certiorari Monday in two cases [order list, PDF]. US v. Williams (06-694) [docket; cert. petition, PDF], on appeal from the US Court of Appeals for the Eleventh Circuit [official website], considers whether part of the federal anti-child abuse PROTECT Act of 2003 [PDF text] is unconstitutional for criminalizing speech protected by the First Amendment. The Eleventh Circuit held [opinion, PDF] that "non-commercial, non-inciteful promotion of illegal child pornography, even if repugnant, is protected speech under the First Amendment." AP has more.

In Stoneridge Investment v. Scientific Atlanta (06-43) [docket], the Court will determine when a "secondary" actor in securities fraud can be treated as a "primary" actor in terms of shared liability for the actions. The US Court of Appeals for the Eighth Circuit [official website] had dismissed [opinion, PDF] claims for liability because the defendants had been found to be aiders and abettors to securities fraud, not primary violators. AP has more.

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