Legal Affairs | Praxis

Gary Johnson: Don’t Forget About Kelo and Property Rights

In a recent interview, Libertarian presidential candidate Gary Johnson said thatKelo v. City of New London is a key case for evaluating potential Supreme Court nominees: “Would you have any litmus tests for a Supreme Court justice on cases like Kelo, for example, cases that really matter to libertarians, libertarian principles?” Benson asked. “Yeah I think Kelo is one that really does stand out,” Johnson responded. “Although we don’t have litmus tests, but Kelo really stands out as a litmus test, in my opinion.” In…

DOJ Examination Finds Baltimore Police Routinely Violated Citizens’ Rights

Baltimore police routinely violated the constitutional rights of residents by conducting unlawful stops and using excessive force, according to the findings of a long-anticipated Justice Department probe to be released Wednesday. The practices overwhelmingly affected the city’s black residents in low-income neighborhoods, according to the 163-page report. In often scathing language, the report identified systemic problems and cited detailed examples. The investigators found that “supervisors have issued explicitly discriminatory orders, such as directing a shift to arrest ‘all the black hoodies’ in a neighborhood.” They…

Judge: Glenn Beck Must Reveal Alleged Sources in Libel Suit

A looming First Amendment showdown drew closer Tuesday as a federal judge ordered conservative media host Glenn Beck to identify at least two confidential sources in connection with a defamation lawsuit stemming from Beck’s reporting on the Boston Marathon bombing. The suit was filed by Saudi Arabian student Abdulrahman Alharbi, who was injured at the scene of the deadly bombings. Beck continued to link the Saudi national to the attacks even after U.S. officials said publicly he’d been cleared. U.S. District Court Judge Patti Saris…

Gallup: The Supreme Court’s Favorability Is at a Record Low

The U.S. Supreme Court’s 42% job approval rating is down slightly from September and matches the low point in Gallup’s 16-year trend, recorded in June 2005. The Supreme Court’s approval ratings have not been above 50% since September 2010. The latest results are from a July 13-17 Gallup poll. Although the current approval rating ties the historical low, it is not a major departure from updates over the last five years, when approval has ranged between 43% and 49% — including 45% when Gallup last…

After Botched Prosecutions, Marilyn Mosby to Face Officer Lawsuits

Baltimore State’s Attorney Marilyn Mosby is going from prosecutor to civil defendant in connection with the case of the death of Freddie Gray. On Wednesday, Mosby announced that charges against three officers still facing trial were being dropped. Mosby gave only a statement, but had to leave without taking questions because five of the officers in the case have filed lawsuits against her. Officers Garrett Miller, Edward Nero and William Porter as well as Sgt. Alicia White and Lt. Brian Rice are suing Mosby and…

Charges Dropped Against Anti-Planned Parenthood Filmmakers

Two undercover filmmakers whose videos exposed abortion provider Planned Parenthood won’t face criminal charges after all. Instead, they’re hailing the news as a First Amendment victory for citizen journalists. On Tuesday, the Harris County [California] district attorney’s office dismissed all charges against David Daleiden and Sandra Merritt. The duo worked undercover to produce a series of videos alleging Planned Parenthood’s involvement in the sale of unborn baby body parts. Federal law makes it illegal to sell human fetal tissue for a profit. Daleiden, project lead…

BlackBerry CEO Blasts Apple, Says Tech Companies Should Provide Data Under Subpoena

BlackBerry CEO John Chen has said he is “disturbed” by Apple’s tough approach to encryption and user privacy, warning that the firm’s attitude is harmful to society. Now, we already know that Chen and Apple don’t see eye-to-eye on security. In December, Chen waded into Apple’s FBI encryption battle in which the iPhone maker resisted government demands to unlock a device because it would be an “unprecedented step which threatens the security of customers”. Chen remarked: “We are indeed in a dark place when companies…

Baltimore Attorney Marilyn Mosby Faces Bar Complaint for Freddie Gray Prosecutions

Baltimore City State’s Attorney Marilyn Mosby has been under fire. Now she could potentially face being disbarred, WJZ’s Meghan McCorkell reports. A new complaint filed with the Maryland Bar Counsel calls Mosby “a runaway prosecutor” and alleges she violated ethics rules, claiming she never had probable cause to charge six officers in the death of Freddie Gray. “I think Marilyn Mosby has harmed the city of Baltimore. And if she continues, that harm will get worse,” said law professor John Banzhaf, George Washington University. Banzhaf,…

9th Circuit: Visiting Private Websites Against Owners’ Wishes Is Trespass

The U.S. Court of Appeals for the 9th Circuit has handed down a very important decision on the Computer Fraud and Abuse Act, Facebook v. Vachani, which I flagged just last week. For those of us worried about broad readings of the Computer Fraud and Abuse Act, the decision is quite troubling. Its reasoning appears to be very broad. If I’m reading it correctly, it says that if you tell people not to visit your website, and they do it anyway knowing you disapprove, they’re committing…

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