Victory: Eleventh Circuit Upholds Blogger’s Fair Use of Photo

The Eleventh Circuit ruled in favor blogger Irina Chevaldina’s use of an online photo of Raanan Katz, part owner of the Miami Heat and noted real estate developer.  The decision sets an important precedent not only in favor of blogger use of “headshot” photos but also against efforts to silence blogger criticism through a manipulative use of the copyright laws.  The legal wrinkle in the case: Katz had purchased the ...

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June 30, 2015 by CIR in Case Updates, Friedrichs, Timeline

Supreme Court to Hear Union Dues Challenge

In an order released June 30, the Supreme Court granted the petition filed by Rebecca Friedrichs and her co-plaintiffs asking the Court to review the constitutionality of compulsory union dues.  Today’s action means the case will be briefed and argued this fall, with a decision due by June 30, 2016.

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June 25, 2015 by CIR in Case Updates

Supreme Court Saves Obamacare…Again

In a 6-3 decision, the Supreme Court today upheld Obamacare against a challenge to the constitutionality of the IRS’s aggressive re-writing of key terms in the Patient Protection and Affordable Care Act, sometimes known as “Obamacare.” Chief Justice Roberts and Justice Kennedy joined the liberal block in voting to uphold the IRS interpretation. In the majority opinion, Roberts wrote that Congress passed Obamacare to “improve health insurance markets, not destroy ...

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June 01, 2015 by CIR in Case Updates

Supreme Court Tosses Conviction for Facebook Threat

In a 7-2 decision, the Supreme Court threw out the conviction of Pennsylvania resident Anthony Elonis, who was prosecuted and was serving a prison sentence for posting rap lyrics on his Facebook page that his ex-wife found threatening.  Elonis contended that he didn’t intend to threaten anyone; the lower courts said it didn’t matter what he intended so long as a “reasonable person” would find his postings to be threatening.

In ...

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May 08, 2015 by CIR in Case Updates

Ninth Circuit Orders Guam Voting Case Forward

A three judge panel of the U.S. Court of Appeals for the Ninth Circuit reinstated CIR client Arnold Davis’ lawsuit challenging race-based voting restrictions on a plebiscite concerning Guam’s future political status.  The decision reverses District Judge Tydingco-Gatewood’s decision in early 2013 dismissing the lawsuit on standing and ripeness grounds.  Judge Tydingco-Gatewood ruled that since the plebiscite might not occur, Davis could not yet to be said to have suffered ...

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