High Court Limits Whistleblower Lawsuits - Forbes.com

~~~ This ruling disappoints me.
A close loss at 5-4 too.

Last year it could been 5-4 the other way.
( Or even 6-3 -- as Rehnquist was a bit of a maverick on free speech ) .

Welcome to the Roberts & Alito court . ~~~ tp

===================

High Court Limits Whistleblower Lawsuits - Forbes.com: "
Associated Press
"High Court Limits Whistleblower Lawsuits"
By GINA HOLLAND , 05.30.2006, 11:12 AM

"The Supreme Court on Tuesday made it harder for government employees to file lawsuits claiming they were retaliated against for going public with allegations of official misconduct.

By a 5-4 vote, justices said the nation's 20 million public employees do not have carte blanche free speech rights to disclose government's inner-workings. New Justice Samuel Alito cast the tie-breaking vote"

"Judge Says Time Magazine Reporters Must Turn Over Some Documents to Former White House Aide"

~~ Seems reasonable to me , as Libby is the source ,, so there no "source" for the reporter to protect in this case. A fine line ,as the reporter has rights too.

But in this case I do not see the reporter 's note protected.

Anyone-- even Libby --must be given wide latitude in obtaining
ANY information that could prove they are innocent.~~` TP
===========================
=================

Time Ordered to Give Documents to Libby,
Judge Says Time Magazine Reporters Must Turn Over Some
Documents to Former White House Aide - CBS News:

"Judge says Time magazine reporters must turn over some documents to former White House aide"

WASHINGTON, May. 27, 2006
By TONI LOCY Associated Press Writer"

"U.S. District Judge Reggie B. Walton limited the scope of subpoenas that Libby's lawyers had aimed at Time, NBC News and The New York Times for e-mails, notes, drafts of articles and other information.

But in a 40-page ruling, Walton rejected the news organizations' argument that they have a broad right to refuse to provide such information in criminal cases."

Apple Loses Bid to Unmask Bloggers' Sources :The Sixth District Court of Appeals on Friday

~~ This makes me happy.!! ~~ TP
---------------------------------------------

"Apple Loses Bid to Unmask Bloggers' Sources"
by Ryan Singel and Kevin Poulsen
Friday, 26 May 2006

"A California appeals court has smacked down Apple's legal assault on bloggers and their sources, finding that the company's efforts to subpoena e-mail received by the publishers of Apple Insider and PowerPage.org runs contrary to federal law, California's reporter's shield law, and the state Constitution.

The Sixth District Court of Appeals on Friday roundly rejected (.pdf) Apple's argument that the bloggers weren't acting as journalists when they posted internal document about future Apple products. 'We decline the implicit invitation to embroil ourselves in questions of what constitutes 'legitimate journalis(m).' The shield law is intended to protect the gathering and dissemination of news, and that is what petitioners did here,' the court wrote.

'Beyond casting aspersions on the legitimacy of petitioners’ enterprise, Apple offers no cogent reason to conclude that they fall outside the shield law’s protection".

Source:
© Copyright 2006, Lycos, Inc.
Lycos is a registered trademark of Lycos, Inc.
All Rights Reserved.

Your use.... constitutes acceptance of the Lycos
Privacy Policy and Terms & Conditions !!! "

=============================

: Supreme Court Developments on Yahoo! News

Print Story: Supreme Court Developments on Yahoo! News: -- Yahoo! News

Supreme Court Developments
By The Associated PressMon May 22, 4:24 PM ET

Highlights of actions taken Monday by the Supreme Court. The justices:

_Ruled unanimously that police do not need a warrant to go into a home to break up a bloody fight, in a case involving a 'melee' that Brigham City, Utah, police officers saw through a window.

_Rejected an appeal from Tennessee death row inmate Abu-Ali Abdur'Rahman, who wanted the court to declare that the drug protocol used in most executions amounts to cruel punishment.

_Refused to hear an appeal in the case of a mentally ill man, Andrew Goldstein, whose conviction was overturned in the death of a woman pushed into the path of a subway train in New York.

_Said they would not consider the case of convicted murderer James Hamm, who graduated from law school and is being thwarted in his efforts to become a practicing attorney in Arizona.

_Delayed a decision on whether to take up a fight over reporters' confidential sources, apparently because a former government scientist's lawsuit that prompted journalist subpoenas may be settled.

_Declined for the second time to get involved in a child custody fight between a San Diego woman and and her former [female] partner."

============

Judge: Not unreasonable for city workers to surf Web -- Newsday.com

~~~ Bravo !! I hope the higher courts see this the same way. ~~~ TP
-----------------------------------

Judge: Not unreasonable for city workers to surf Web -- Newsday.com: "
In his decision, Spooner wrote: 'It should be observed that the Internet has become the modern equivalent of a telephone or a daily newspaper, providing a combination of communication and information that most employees use as frequently in their personal lives as for their work. He added: "For this reason, city agencies permit workers to use a telephone for personal calls, so long as this does not interfere with their overall work performance.'"

"Spy Court Judge Quits In Protest:" : washingtonpost.com

~ This Spy-gate thing is going to be serious news for a while. When both Democrats & Republican Senate leaders are expressing civil liberties concerns, all citizens should be concerned. Nixon -- and those Presidents before him -- walked over civil liberties regularly. No one wants to go back to those times , with Presidential Enemy lists , covert wire taps, & etc. The Bush Team must feel the Power of Checks and Balances here.
Hopefully Congress is up to the job ~~ TP
-----------------------------

"Jurist Concerned Bush Order Tainted Work of Secret Panel"

By Carol D. Leonnig and Dafna Linzer
Washington Post Staff Writers
Wednesday, December 21, 2005; Page A01

"A federal judge has resigned from the court that oversees government surveillance in intelligence cases in protest of President Bush's secret authorization of a domestic spying program, according to two sources. U.S. District Judge James Robertson, one of 11 members of the secret Foreign Intelligence Surveillance Court,, sent a letter to Chief Justice John G. Roberts Jr. late Monday notifying him of his resignation without providing an explanation".

"Word of Robertson's resignation came as two Senate Republicans joined the call for congressional investigations into the National Security Agency's warrantless interception of telephone calls and e-mails to overseas locations by U.S. citizens suspected of links to terrorist groups. They questioned the legality of the operation and the extent to which the White House kept Congress informed."

"Sens. Chuck Hagel (Neb.) and Olympia J. Snowe (Maine) echoed concerns raised by Arlen Specter (R-Pa.), chairman of the Senate Judiciary Committee, who has promised hearings in the new year."

"Hagel and Snowe joined Democrats Dianne Feinstein (Calif.), Carl M. Levin (Mich.) and Ron Wyden (Ore.) in calling for a joint investigation by the Senate judiciary and intelligence panels into the classified program."

Court Hears Internet Anonymity Case -

Court Hears Internet Anonymity Case - Yahoo! News: "By ALEX DOMINGUEZ, Associated Press Writer Wed Nov 2, 3:19 PM ET

ANNAPOLIS, Md. - The publisher of a financial newsletter told Maryland's second highest court Wednesday that he should not be forced to disclose his subscriber list and other information sought by an Arizona company seeking those it says made defamatory online comments."

I agree with the publisher , that is protected private information. ~` tp

ABC News: Should Drug Laws Limit Religious Activities?

~~ I am a complete Libertarian on drug laws.

I hope the court rules for my side , of course .

Go Team !!! ~~ TP
--------------------------------------------

ABC News: Should Drug Laws Limit Religious Activities?: "The 10th U.S. Circuit Court of Appeals ruled last year that the group could continue to drink hoasca. Now the issue has reached the Supreme Court in a case that is seen as a test of religious freedom in America.

The court will decide in Gonzales v. Centro Espirita Beneficente União do Vegetal whether the Religious Freedom Restoration Act of 1993 requires the government to allow the church to continue to import and drink the tea."

Appeals Court OKs Jerry Falwell Web Site - Yahoo! News

~~` Strike up one for Cyber Speech Rights. ~~ TP

"Appeals Court OKs Jerry Falwell [counter] Web Site" -

"'After even a quick glance at the content of the website ... no one seeking Reverend Falwell's guidance would be misled by the domain name
http://www.fallwell.com
into believing that Reverend Falwell authorized the content of that website,'

Judge Diana Gribbon Motz

wrote, noting that the site criticized Falwell,
his positions and his interpretations of the Bible."

Clarence C. Newcomer, a Longtime Federal Judge, Dies at 82 - New York Times

~~~ The first place ol' TP goes in the news is the Oh-Bits .
You learn a lot of history there .
Here we see Judge Newcomer was at the
epicenter of some major events & rulings . ~
~ TP

Clarence C. Newcomer, a Longtime Federal Judge, Dies at 82 - New York Times:

"Judge Newcomer presided over a fiercely contested trial in which the City of Philadelphia was found liable this year for $12.8 million in damages to residents forced from their homes by a 1985 fire touched off when the police dropped a bomb on a house occupied by the radical group MOVE.

But that was hardly the first of his cases to draw vast attention in eastern Pennsylvania, and sometimes beyond.

In 1974, he stripped William Stinson of a seat in the Pennsylvania Senate because of evidence that Mr. Stinson had stolen votes, and declared Bruce Marks the winner, tipping control of the Senate to Republicans.

In 1975, he ordered girls admitted to Central High School in Philadelphia. That order was reversed on appeal, though girls were ultimately admitted to the school in 1983.

In 1980, he ended Topps Chewing Gum's exclusive right to sell baseball cards, allowing the Fleer Corporation to compete in that lucrative market.
[~~~ my favorite of this group here ~` TP]

In 1993, he ruled that a law firm's refusal to promote a female associate to partner violated civil rights law, and in 1997 determined that states could not discriminate against new residents by paying them lower welfare benefits than longtime residents."

ABC News: Most New York Voters Back Subway Searches

ABC News: Most New York Voters Back Subway Searches

"New Poll Shows That 72 Percent of N.Y. Voters Support Random Police Searches of Bags in Subways"

~~~ Majority opinion does not overcome the US Consitution. The searches are too random to be effective. And any profiling WILL NOT stand a Court test . The searches simply give the politicians a new mega-phone with which to speak staunchly on Terrorism. All while avoiding the substance of the core issue, that being : the War in Iraq is not going well. ~~~ technopolitical ~~

Reporter's shield bill introduced in House , © 2005 The Reporters Committee for Freedom of the Press

~ ~ ~ The Court ruling that reporters
can be compelled to reveal their
sources is bad news. Luckily,
Congress can fix the situation
A Republican and a Democrat
co-sponsoring a much need

piece of legislation. ~~ TP

Reporter's shield bill introduced in House
© 2005 The Reporters Committee for Freedom of the Press

Journalists would be shielded from
being forced to reveal confidential
sources under the
"Free Flow of Information Act."
Reporters must testify in CIA leak probe

BY TOM BRUNEWASHINGTON BUREAU

February 16, 2005

WASHINGTON -- A U.S. appeals court ruled Tuesday that two reporters must testify before a federal grand jury about their confidential sources in a probe trying to determine who in the Bush administration leaked the identity of a covert CIA officer.

In an expected ruling, a three-judge panel of the D.C. Circuit Court of Appeals unanimously upheld a lower court ruling that held in contempt Matthew Cooper of Time magazine and Judith Miller of The New York Times for refusing to testify.

Time and the Times Tuesday said ---- { what an intereresting pharse, almost poetic ~~tp ] ---- they would appeal the decision to the full circuit and possibly the Supreme Court, and would seek a stay to keep the reporters out of jail.

The publications had tried to quash the subpoenas based on the First Amendment and reporters' privilege to protect confidential sources under federal common law, which is based on practice than on statutes.

In October, District Judge Thomas Hogan ruled against them.The decision prompted calls from Floyd Abrams, attorney for both reporters, and groups such as Reporters Committee for Freedom of the Press, for Congress to enact a federal shield law to permit reporters to protect confidential sources.

Copyright © 2005, Newsday, Inc.
----------------------------------

A Federal Court Rules that the First Amendment to the US constitution, means that no authority can restrict the flow of ANY information to any citizen

~~ A Federal Court Rules that the First Amendment to the US constitution, means that no authority can restrict the flow of ANY information to any citizen, even if that citizen be in jail. I think that is very good. ~~ tp

Guess Who WANTS Junk Mail?
Wed Feb 2, 2005 10:08 AM ET

SAN FRANCISCO (Reuters) - Some Americans might think of junk mail as cruel and unusual punishment, but a U.S. appeals court ruled on Tuesday that prison officials may not stop bulk mail and catalogs from reaching prisoners.

The case stems from a lawsuit against Washington state's Department of Corrections, which had barred its inmates from receiving such mailed materials.

The U.S. 9th Circuit Court of Appeals upheld a lower court ruling and rejected arguments that banning bulk mail makes it easier to run a prison and reduces the risk of fire.

"Publishers have a First Amendment right to communicate with prisoners by mail, and inmates have a First Amendment right to receive this mail," Arthur Alarcon wrote for the three-judge panel.

The "ban on non-subscription bulk mail and catalogs is not rationally related to a legitimate penological interest and is therefore unconstitutional," he added.

+++++++++++++++++++++++++++++++++++++++
++++++++++++++++++++

"The Bush administration suffered a legal setback over its conduct of the war on terror yesterday..." : Guardian www.guardian.co.uk ;;;

~~~ Below another example of how the Bush Team really does not understand to foundations of American Democracy. Dictatorships do detention without trial. In the USA , everyone --- no matter their legal or citizenship standing --is entitled to their day in PUBLIC courts when accused of a crime. ~` ~~~ ~` TP

Guantánamo tribunals ruled Illegal
Suzanne Goldenberg in Washington
Tuesday February 1, 2005
Guardian / http://www.guardian.co.uk/

The Bush administration suffered a legal setback over its conduct of the war on terror yesterday when a US federal judge ruled that the special military tribunals at Guantánamo Bay were unlawful.
The judgment was seen as a victory for the 540 detainees in Guantánamo, and for civil rights organisations which have campaigned for three years for inmates to have the right to challenge their detentions in court.
"This means that these folks are actually going to get a hearing," said Barbara Olshansky, of the Centre for Constitutional Rights. "[The judge] is saying that the rule of law in this country cannot be disregarded by executive fiat - despite what this administration might want."
The judgment was highly critical of the Pentagon's military tribunals, set up in June last year to decide whether to continue holding the inmates at Guantánamo.
--------------------------------------------------------------------------------------
------------------------------------------

a Danish court ordered an Internet news service to stop linking to Web sites of Danish newspapers

~ `Deep –Linking:

Deep-Linking is what we are doing in many of the endnote embedded hot-links here.

Many commercial website owners want to prevent deep-linking and to instead redirect any traffic linked to their web domain first to their advertisement filled homepage.

Cyber-activists believe the right to deep-link is essential for the World Wide Web to be a truly free place for the exchange of information. Commercial Internet portals believe their copyrights give them the right to control access to their deep-linked information.[15] ~~ tp

-----------

[14] For further reading on this important matter, the American Library Association's

website has a page dedicated to Deep-Link issues @ http://www.ala.org/alaorg/oif/deeplinking.html .

Last accessed October 17, 2004.

[15] “COPENHAGEN, Denmark, July 5 — Challenging the World Wide Web’s fundamental premise of linking, a Danish court ordered an Internet news service to stop linking to Web sites of Danish newspapers. Copenhagen’s lower bailiff’s court ruled Friday that Newsbooster.com was in direct competition with the newspapers and that the links it provided to specific news articles damaged the value of the newspapers’ advertisements.” FROM: Associated Press. Danish Court Bars Web Site’s Links. News service told to stop linking to Danish newspapers. Last accessed July 5 2002. (Page no longer available) www.msnbc.com @ http://www.msnbc.com/news/776542.asp?0na=x22475G1a