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Court throws out FCC penalties for cursing, nudity
Law Firm News |
2012/06/22 11:05
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Broadcasters anticipating a major constitutional ruling on the government's authority to regulate what can be shown and said on the airwaves instead won only the smallest of Supreme Court victories Thursday.
The justices unanimously threw out fines and other penalties against Fox and ABC television stations that violated the Federal Communications Commission policy regulating curse words and nudity on television airwaves.
Forgoing a broader constitutional ruling, however, the court concluded only that broadcasters could not have known in advance that obscenities uttered during awards show programs on Fox stations and a brief display of nudity on an episode of ABC's NYPD Blue could give rise to penalties. ABC and 45 affiliates had been hit with proposed fines totaling nearly $1.24 million. |
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Use new drug sentencing law in crack cases
State Law Issues |
2012/06/21 12:12
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The Supreme Court says criminals who were arrested but not yet sentenced for crack cocaine offenses should be able to take advantage of newly reduced sentences.
Corey A. Hill and Edward Dorsey were arrested in 2007 and 2008 for selling crack cocaine and faced mandatory 10-year sentences in Illinois. But they weren't sentenced until after the Fair Sentencing Act went into effect in August 2010. That law reduces the difference between sentences for crimes committed by crack cocaine and powder cocaine users.
Justice Stephen Breyer said in a 5-4 decision Thursday that the courts should have used the new law to sentence the two men.
Chief Justice John Roberts, and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented. |
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Guilty plea in NY 'mini-al Qaida' cell case
Law Firm Press Release |
2012/06/19 09:56
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A New Yorker accused of trying to start what prosecutors called a mini al-Qaida cell pleaded guilty Monday to federal charges of conspiracy and providing material support to a terrorist organization.
An indictment had alleged that Wesam El-Hanafi pledged loyalty to al-Qaida and sought to teach the terror group how to evade detection on the Internet after he went to Yemen in 2008.
The Brooklyn-born El-Hanafi admitted in federal court in Manhattan to having conversations in 2009 with a co-defendant about seeking out additional contacts within al-Qaida. The co-defendant, Sabirhan Hasanoff, pleaded guilty to similar charges earlier this month.
Prosecutors had portrayed the two U.S. citizens as a new, more sophisticated breed of homegrown terrorist: Both had earned college degrees and landed well-paying jobs before trying to share their expertise with al-Qaida. |
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High court sides with state in DNA case
Legal Information |
2012/06/18 13:02
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The Supreme Court on Monday upheld a rape conviction over objections that the defendant did not have the chance to question the reliability of the DNA evidence that helped convict him.
The court's 5-4 ruling went against a run of high court decisions that bolstered the right of criminal defendants to confront witnesses against them.
Justice Clarence Thomas provided the margin of difference in the case to uphold the conviction of Sandy Williams, even though Thomas has more often sided with defendants on the issue of cross-examination of witnesses.
The case grew out of a DNA expert's testimony that helped convict Williams of rape. The expert testified that Williams' DNA matched a sample taken from the victim, but the expert played no role in the tests that extracted genetic evidence from the victim's sample.
And no one from the company that performed the analysis showed up at the trial to defend it.
The court has previously ruled that defendants have the right to cross-examine the forensic analysts who prepare laboratory reports used at trial. |
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