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Court: First Amendment protects “hate group” label
Securities Class Action | 2019/09/13 22:54
A federal judge has ruled that a liberal advocacy group has a First Amendment right to call a Christian ministry a hate group for its opposition to homosexuality.

U.S. District Judge Myron Thompson, in a 141-page decision issued late Thursday, threw out a complaint filed by the Florida-based Coral Ridge Ministries Media Inc. against the Southern Poverty Law Center of Montgomery.

Coral Ridge, also called James Kennedy Ministries of Fort Lauderdale, sued the nonprofit law center, Amazon and others in 2017 because it wasn’t included in a program that lets Amazon customers donate to nonprofit groups. The suit said the refusal was because the law center had labeled the ministry a hate group for its stance against homosexual behavior.

The judge ruled that the liberal watchdog organization has a free-speech right to make the claim, but he didn’t address whether the ministry is a hate organization.

Attorneys representing the ministry did not immediately respond to an email seeking comment. In a statement, the Southern Poverty Law Center said the decision is a win for groups that want to “share their opinions and educate the public.”

“Any organization we list as a hate group is free to disagree with us about our designation, but this ruling underscores that the designation is constitutionally protected speech and not defamatory,” said Karen Baynes-Dunning, interim president of the organization.



Cock-a-doodle-doo! French rooster crows over court win
Headline Legal News | 2019/09/10 10:03
ing is exasperating Fesseau’s neighbors, a retired couple who moved to the island two years ago. They asked the court to make the animal move farther away, or shut up.

Instead, the judge in the southwest city of Rochefort ordered them to pay 1,000 euros ($1,005) in damages to Fesseau for reputational harm, plus court costs.

“That made my clients feel very bad,” their lawyer Vincent Huberdeau said. He said Fesseau intentionally put her chicken coop close to her neighbors’ window and then turned Maurice into a cause celebre for rural traditions, and that the judge went too far in punishing the plaintiffs instead.

Their case also backfired in the court of public opinion, at least locally. More than 120,000 people signed a petition urging authorities to leave Maurice alone ? and a “support committee” made up of roosters and hens from around the region came to support his owner during the trial in July.

“The countryside is alive and makes noise ? and so do roosters,” read one of their signs.

The ruling may spell good news for a flock of ducks in the Landes region of southwest France, where a trial is underway between farmers and neighbors angry over the creatures’ quacks and smell.

Authorities also ruled against residents of a village in the French Alps who complained in 2017 about annoying cow bells, and an effort last year to push out cicadas from a southern town to protect tourists from their summer song also failed.

Since Maurice’s tale came to light, some French lawmakers have suggested a law protecting the sounds and smells of the countryside as part of France’s rural heritage.


Louisiana high court rejects ‘NOLA No-Call’ suit against NFL
Stock Market News | 2019/09/08 10:00
A New Orleans Saints fan’s lawsuit against the NFL and game officials over the failure to call a crucial penalty against the Los Angeles Rams in a January playoff game was dismissed Friday by the Louisiana Supreme Court.

The ruling appeared to be a death blow to the last remaining lawsuit over what’s come to be known as the “NOLA No-Call.” It also means that, barring a reversal, Commissioner Roger Goodell and game officials will not have to be questioned under oath in New Orleans, as a lower court had previously ordered.

There were no dissents among the seven court members in the reversal of the lower court’s ruling.

Attorney Antonio LeMon had sued, alleging fraud and seeking damages over game officials’ failure to flag a blatant penalty: a Rams player’s helmet-to-helmet hit on a Saints receiver with a pass on the way. The lack of a penalty call for pass interference or roughness helped the Rams beat the Saints and advance to the Super Bowl.

LeMon was reviewing the decision Friday afternoon and was expected to comment later on whether he might seek a rehearing.

The unsigned opinion invoked precedent in a nearly 75-year-old case, stating that Louisiana law gives the ticket to a “place of public amusement” is a license to witness a performance. “Applying this reasoning to the case at bar, we find plaintiffs’ purchase of a ticket merely granted them the right of entry and a seat at the game,” the ruling said. “Plaintiffs have not alleged that these rights were revoked or denied in any way.”

LeMon, who filed with three other ticket-holders, had argued that the circumstances of the game ? and his lawsuit ? are unique. The suit wasn’t simply filed over a missed call, his filing said. Among its allegations are claims that fraud and “implicit or unconscious bias” on the part of game officials from the Los Angeles area led to the decision not to flag the penalty.


Brazil court overrules Rio mayor on gay kiss book ban
Stock Market News | 2019/09/04 09:58
A Brazilian Supreme Court justice has blocked efforts by Rio de Janeiro's conservative mayor to have a book fair remove a comic book showing two men kissing.

Mayor Marcelo Crivella had ordered the Bienale to remove the "Avengers" comic that included the kiss, saying he was acting to protect children against "sexual content."

That set off a legal battle as federal Attorney General Raquel Dodge challenged the move by Crivella, a former evangelical pastor. She said allowing the mayor to remove books goes against freedom of expression and the free exchange of ideas.

A lower court sided with Crivella. But chief justice Jose Dias Toffoli ruled in favor of Dodge on Sunday, blocking the mayor from removing any books. Crivella's office said he will appeal to the full court.



Activist loses UK court case on police facial recognition
Securities Class Action | 2019/09/03 09:57
A British court ruled Wednesday that a police force's use of automated facial recognition technology is lawful, dealing a blow to an activist concerned about its implications for privacy.

Existing laws adequately cover the South Wales police force's deployment of the technology in a trial, two judges said , in what's believed to be the world's first legal case on how a law enforcement agency uses the new technology.

The decision comes amid a broader global debate about the rising use of facial recognition technology. Recent advances in artificial intelligence make it easier for police to automatically scan faces and instantly match them to "watchlists" of suspects, missing people and persons of interest, but it also raises concerns about mass surveillance.

"The algorithms of the law must keep pace with new and emerging technologies," Judges Charles Haddon-Cave and Jonathan Swift said.

Ed Bridges, a Cardiff resident and human rights campaigner who filed the judicial review, said South Wales police scanned his face twice as it tested the technology - once while he was Christmas shopping in 2017 and again when he was at a peaceful protest against a defense expo in 2018.

"This sinister technology undermines our privacy and I will continue to fight against its unlawful use to ensure our rights are protected and we are free from disproportionate government surveillance," he said in a statement released by Liberty, a rights group that worked on his case.

His legal team argued that he suffered "distress" and his privacy and data protection rights were violated when South Wales police processed an image taken of him in public.

But the judges said that the police force's use of the technology was in line with British human rights and data privacy legislation. They said that all images and biometric data of anyone who wasn't a match on the "watchlist" of suspects was deleted immediately.


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