In Newdow v. Rio Linda Union School District, the Ninth Circuit in a 2-1 decision rejected atheist, Michael Newdow’s latest claim that teacher-led recitations of the Pledge of Allegiance constitutes an establishment of religion prohibited under the First Amendment of the Constitution.
Ruling on a question certified by a federal district court, the Supreme Court of Washington found that its state constitution did not prohibit public libraries from filtering internet websites even when adult patrons requested that the libraries turn off the internet filters.
With the advent of CM/ECF and electronic filing, attorneys today rely almost exclusively on their computers to file pleadings and monitor deadlines. What happens if you experience problems with your e-mail and you miss a deadline? “You’re out of luck,” says the Fourth Circuit in Robinson v. Wix Filtration Corp.; a 2-1 opinion written by Judge Duncan, with Judge King dissenting.
The Supreme Court in DeShaney v. Winebago County Dep’t of Soc. Servs., 489 U.S. 189, 197 (1989), considered the issue of whether a state’s social services department could be held liable under the constitution when a child was beaten severely by his father and the department had knowledge of a long history of physical abuse---as a result of the beating, Joshua DeShaney was left profoundly mentally retarded.
In Flanigan’s Enterprises, Inc. v. Fulton County, Georgia, ___ F.3d ___, 08-17035, the Eleventh Circuit upheld an ordinance proscribing the sale of alcohol at clubs featuring exotic dancing. The case exemplifies the tension between expressive rights and the power of government to restrict expressive speech it deems immoral or tasteless.