 |
|

Legal news from Friday, April 13, 2012 |
 |
|


Ninth Circuit strikes down ban on political ads on public television
Jerry Votava on April 13, 2012 3:30 PM ET

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Wednesday struck down [text. PDF] parts of a federal statute that prohibit public broadcasters from transmitting public issue and political advertisements. The suit was brought by the Minority Television Project on behalf of its public television station KMTP [official website] against the Federal Communications Commission (FCC) [official website] after the FCC fined KMTP $10,000 for broadcasting paid promotional messages from for-profit companies. KMTP claimed that the ban and resulting fine impaired their First Amendment right to free speech [Cornell LII backgrounder]. The FCC alleged that KMTP violated 47 USC § 399b [text], which bars public broadcasters from transmitting messages for compensation for (1) for-profit entities, (2) the expression of personal views, and (3) political messages supporting candidates. The trial court upheld all of the prohibitions. In this opinion, the Ninth Circuit upheld the provision prohibiting for-profit messages, but held the other provisions to be unconstitutional. They said:The government's evidence in this case shows only the size and effect of one class of advertising: traditional commercial advertising. ... But the government cannot point to evidence that its fear of harm to public television that would come from allowing stations to air public issue and political advertisements is "real, not merely conjectural," much less that the portions of the statute which ban such political and public issue advertisements "alleviate those harms in a direct and material way." In reaction to the ruling, some commentators noted that this may fundamentally change public broadcasting [Reuters report] and cause broadcasters to abandon educational and public interest program in favor of content with broader appeal to attract advertisers.
This ruling is also of particular importance in the wake of the Citizens United v. Federal Election Commission [Cornell LII backgrounder] decision issued by the Supreme Court [official website] in January 2010. In that case, the Court eased restrictions on political campaign spending by corporations. Shortly after Citizens United, in March 2010, the US Court of Appeals for the District of Columbia Circuit [official website] unanimously ruled [JURIST report] that limiting contributions from individuals to independent political advocacy organizations was unconstitutional. These decisions have led to significant increases in political message spending.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

UN counterterrorism official criticizes US court decision on rendition information
Jaimie Cremeans on April 13, 2012 2:04 PM ET

[JURIST] UN Special Rapporteur on human rights and counterterrorism Ben Emmerson [official profile] on Thursday expressed regret over a US court decision [press release] denying Freedom of Information Act (FOIA) [National Security Archive] requests by a member of the UK parliament and the UK All-Party Parliamentary Group on Extraordinary Rendition [official website]. Earlier this month the US District Court for the District of Columbia granted the US government's motion to dismiss [opinion, PDF] the FOIA challenge based on a provision of the act that exempts US intelligence agencies from disclosing information to foreign government entities. The court noted that, although it is bound to enforce the provision as it is written, the rule could easily be circumvented by someone who is not a representative of such a foreign entity to retrieve the information and then disclose it to the parliament members, since there is no restriction on what a person does with the information once it is retrieved under the act. Regardless, Emmerson stated that the court's decision "flies in the face of the principles of best practice for the oversight of intelligence services." The requests by the UK parliament members were part of an investigation into the US extraordinary rendition program [JURIST news archive], which allegedly allowed the US Central Intelligence Agency (CIA) [official website] to extrajudicially capture foreign terrorism suspects for detention and interrogation. Emmerson supports the UK investigation of the program, arguing that the court's decision was based on a misunderstanding of the UK constitution, in that the All-Party Parliament Group is a separate entity from the UK government, and as such its FOIA requests should have been granted.
Last month Amnesty International (AI) [advocacy website] urged all EU member states to reconsider involvement in the CIA extraordinary rendition program. In 2010 the American Civil Liberties Union [advocacy website] appealed to the US Supreme Court [JURIST report] a lawsuit challenging the extraordinary rendition program. The suit alleged unlawful rendition and torture of terror suspects, but had been dismissed by the US Court of Appeals for the Ninth Circuit based on a claim by the US Department of Justice [official website] that discovery in the case would violate the state secrets privilege [JURIST news archive]. Also in 2010, WikiLeaks [advocacy website] released a document showing that the Bush administration strongly urged Germany to not prosecute CIA officials [JURIST report] involved in the arrest and torture of a German citizen. The documents revealed that US officials were to carefully consider how prosecution of the officials would affect relations with the US, although US officials maintained they did not threaten Germany. Earlier that year the US Supreme Court denied certiorari [JURIST report] to a Canadian citizen seeking to overturn a lower court ruling that denied him the right to sue the US government under the Torture Victim Protection Act [text].


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Arizona governor signs bill to ban abortions after 20 weeks
Jerry Votava on April 13, 2012 1:18 PM ET

[JURIST] Arizona Governor Jan Brewer [official website] signed [press release] a bill [HB 2036 materials] on Friday that bans abortions [JURIST news archive] after 20 weeks into a pregnancy unless there is a medical emergency. The bill imposes other restrictions such as requiring women seeking an abortion to receive an ultrasound 24 hours before an abortion, as opposed to the one-hour requirement which is currently the law in Arizona. The bill also forbids doctors from prescribing abortion pills after the seventh week of pregnancy. In signing the measure, Brewer stated:This legislation is consistent with my strong track record of supporting common sense measures to protect the health of women and safeguard our most vulnerable populationthe unborn. ... Knowing that abortions become riskier the later they are performed in pregnancy, it only makes sense to prohibit these procedures past twenty weeks. This legislation was passed [JURIST report] by the Arizona House of Representatives [official website] on Tuesday, after it was approved [JURIST report] the Arizona State Senate [official website] last week.
Arizona follows many other states that have recently passed laws restricting abortion. In March, Utah passed a law [JURIST report] requiring a woman seeking an abortion to wait 72 hours prior to obtaining the procedure. Also last month, the Idaho State Senate approved a bill [JURIST report] requiring a woman who is seeking an abortion to first receive an ultrasound. Also, Virginia Governor Bob McDonnell [official website] signed a similar ultrasound bill into law [JURIST report]. Earlier in March, the Georgia House of Representatives passed a ban on abortions after five months into a pregnancy [JURIST report]. In February, the US District Court for the Western District of Texas [official website] ruled [JURIST report] that Texas can enforce a state law requiring women to receive a sonogram before obtaining an abortion. In July, the North Carolina state legislature overrode a governor's veto [JURIST report] to pass a law requiring a 24-hour waiting period for a woman seeking an abortion.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Brazil high court legalizes abortion of brain-damaged fetuses
Sung Un Kim on April 13, 2012 10:59 AM ET

[JURIST] The Brazilian Supreme Court [official website, in Portuguese] on Thursday ruled [press release, in Portuguese] 8-2 to overturn the ban against abortion [JURIST news archive] of brain-damaged (anencephalic fetuses). Currently, Brazil criminalizes abortion with the narrow exceptions of cases in which pregnancy threatens the mother's life and in cases of rape. The court, in deciding to allow abortion [WP report] in such cases, considered the issue of the mother's fundamental right to decide to terminate her pregnancy and concluded that the women's reproductive rights are not subordinate to the interest of general public. It also assessed the fact that anencephalic fetuses have only a slim chance of survival and concluded that such fetuses could not be viewed as a person under the law. Finally, the court sought to address the problem that women undergo abortion through illegal operations, thereby posing health risks to women. The case and the decision were heavily opposed by religious groups that have condemned abortion. Thursday's decision is considered a significant shift for the largest Catholic country that has banned abortion in the past. The same issue was reviewed before Brazil's supreme court first in 2004 in which a judge authorized the abortion of an anencephalic fetus. However, this decision was overturned by the same court three months later.
Abortion is a controversial issue among predominantly Roman Catholic Latin-American countries. In March, the Supreme Court of Argentina [official website, in Spanish] ruled [JURIST report] that rape victims cannot be prosecuted for seeking abortions. In September, Mexico's Supreme Court [official website, in Spanish] upheld [JURIST report] an amendment that stated life begins at conception thereby banning abortion. In 2008, Uruguay's president vetoed a law that was passed [JURIST reports] by the legislature decriminalizing abortion.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|