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Legal News Video Update - May 3, 2010

Among the stories on this video edition of LexisNexis Legal News, the U.S. Supreme Court finds a judge erred in enjoining Congress from transferring government land on which a Christian cross stands into private hands, but affirms that a shareholder derivative lawsuit over the marketing of Vioxx was...

Charles W. "Rocky" Rhodes on The Historical Approach to Unprotected Speech and the Quantitative Analysis of Overbreadth in United States v. Stevens, 130 S. Ct. 1577, 176 L. Ed. 2d 435 (2010)

“United States v. Stevens , __ U.S. __, 130 S. Ct. 1577, 176 L. Ed. 2d 435 (2010) , very well could be one of the two most doctrinally significant constitutional opinions of the Supreme Court's October 2009 Term,” writes Charles W. Rhodes. “Its significant holdings include employing...

Municipal Ban on Tattoo Parlors Facially Unconstitutional under 1st Amendment-Ninth Circuit Holds Tattooing Is Fully Protected/Purely Expressive Free Speech

In a case of first impression, the Ninth Circuit recently addressed whether a municipal ban on tattoo parlors violated the First Amendment. Splitting with several jurisdictions, the Ninth Circuit held that tattooing was purely expressive activity fully protected by the First Amendment and that a total...

3rd Circuit Finds 1st Amendment Violations In School Discipline For Online Postings

PHILADELPHIA - (Mealey's) In rulings issued June 13 in two cases that it reheard en banc, the Third Circuit U.S. Court of Appeals found that schools do not have the authority to regulate students' speech that occurs off school grounds if the speech does not pose a significant threat of substantial...

Supreme Court: Vermont Law Restricting Prescribing Data Is Unconstitutional

WASHINGTON, D.C. - (Mealey's) Vermont's law restricting the sale of doctors' drug-prescribing information to data miners for use in marketing drugs to doctors is an unconstitutional, impermissible restriction on free speech content and on speakers with which the state disagrees, the U.S....

High Court Ruling Recognizing 'Ministerial Exemption' A 'Resounding Victory' For Religious Organizations

By Darrell VanDeusen In a decision that many are calling a resounding victory for religious organizations, the Supreme Court has unanimously decided that the First Amendment's establishment and free exercise clauses create a "ministerial exception" that bars an ADA lawsuit (and by extension...

Nebraska Lawyer Sues Bar Association Over Speech Rights

By William Perry Pendley DENVER - A Nebraska attorney on Oct. 9 filed a lawsuit against the Nebraska State Bar Association in federal district court in Lincoln charging that it violates his rights under the Constitution's First and Fourteenth Amendments. Scott Lautenbaugh, Esq., an Omaha, Nebraska...