Legal News

Case Summaries

Constitutional Law

[03/11] Coyote Publishing, Inc. v. Miller
In a facial First Amendment challenge to restrictions on advertising by legal brothels, summary judgment for plaintiffs is reversed where the advertising restrictions targeted pure commercial speech, and there were strong reasons why the sale of sexual services, in particular, ought to be treated differently than other advertising bans on "vice" activities.

[03/11] Newdow v. US Congress
In an action claiming that the national motto of the United States, "In God We Trust," and its inscription on the Nation's coins and currency, violated the Establishment Clause or the Religious Freedom Restoration Act of 1993, dismissal of the complaint is affirmed where the Ninth Circuit's prior decision in Aronow v. U.S., 432 F.2d 242 (9th Cir. 1970), foreclosed both claims.

[03/11] Newdow v. Rio Linda Union Sch. Dist.
In an Establishment Clause action by the atheist parent of a student challenging the recitation of the pledge of allegiance by other students in the school at issue, a judgment in favor of plaintiffs is reversed and an injunction vacated where the Pledge of Allegiance does not violate the Establishment Clause because Congress's ostensible and predominant purpose was to inspire patriotism and the context of the Pledge -?its wording as a whole, the preamble to the statute, and this nation's history ?- demonstrated that it was a predominantly patriotic exercise, despite its use of the words "under God." Thus, California's statute requiring school districts to begin the school day with an "appropriate patriotic exercise" does not violate the Establishment Clause even though it permits teachers to lead students in recitation of the Pledge.

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Criminal Law & Procedure

[03/11] US v. Dodd
Defendant's sentence for knowingly receiving and possessing child pornography is affirmed where: 1) absent concrete evidence of ignorance -- evidence that was needed because ignorance was entirely counterintuitive -- a fact-finder could reasonably infer that the defendant knowingly employed a file sharing program for its intended purpose; and 2) the district court committed no procedural error in determining defendant's advisory guidelines sentencing range.

[03/11] US v. Akens
Defendant's drug and firearm possession conviction are affirmed where: 1) defendant's prior Missouri conviction was a sufficient predicate for his 18 U.S.C. section 922(g)(1) conviction, despite its expungement; 2) defendant was not entitled to a Franks hearing because he did not make a substantial preliminary showing; and 3) defendant knowingly and voluntarily waived his rights to appeal the firearm enhancement and the career offender status in exchange for a 140-month sentence.

[03/11] US v. Shuler
Defendants' sentences for child pornography-related offenses are affirmed where: 1) the district court's explicit statement that "the ultimate sentence of 470 months would be the same even without the four-level increase for sadistic images and other depictions of violence" cured any procedural error; and 2) even if defendant was ignorant of a hidden camera, the tape recorded on the camera was ample evidence defendant enticed the minor victim to produce child pornography.

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