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Court: First Amendment protects “hate group” label
Securities Class Action |
2019/09/13 22:54
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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.
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Activist loses UK court case on police facial recognition
Securities Class Action |
2019/09/03 09:57
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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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San Francisco police chief: Journalist ‘crossed the line’
Securities Class Action |
2019/05/19 14:47
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The San Francisco police chief said Tuesday that he respects the news media, but a freelance journalist whose home and office were raided by officers had “crossed the line” by joining a conspiracy to steal a confidential report.
Chief William Scott addressed reporters hours after police agreed in court to return property seized from Bryan Carmody in raids aimed at uncovering the source of a leaked police report into the unexpected death of the city’s former elected public defender, Jeff Adachi.
Tensions are high in the case, which has alarmed journalism advocates and put pressure on elected leaders in the politically liberal city to defend the press.
Authorities believe a police department employee was involved and had contact with Carmody.
“We believe that that contact and that interaction went across the line. It went past just doing your job as a journalist,” Scott said.
He added: “This is a big deal to us, as well it should be. It’s a big deal to the public. It’s a big deal to you all.”
Scott said the primary target of the ongoing investigation is the employee, whose identity investigators do not know. He said the secondary focus is on Carmody, who may have been motivated by profit or a desire to tarnish Adachi’s reputation, or both.
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Group takes oil refinery fight to North Dakota's high court
Securities Class Action |
2019/03/28 17:10
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An environmental group is taking its battle against an oil refinery being developed near Theodore Roosevelt National Park to the North Dakota Supreme Court.
The National Parks Conservation Association argued in its Wednesday filing that an air quality permit issued by the state Health Department for the $800 million Davis Refinery and upheld by a state judge violates the federal Clean Air Act.
The Health Department after a two-year review determined the refinery will not be a major source of pollution that will negatively impact the park just 3 miles (5 kilometers) away. The permit the agency issued in June 2018 cleared the way for construction to begin. Meridian Energy Group began site work last summer and plans to resume construction this spring with a goal of having the refinery fully operational by mid-2021.
State District Judge Dann Greenwood ruled in January that the Health Department had effectively supported its position. Greenwood refused to declare the permit invalid and send the case back to the agency for a more rigorous review. The NPCA wants the Supreme Court to overrule him.
"Although the underlying permit contains a requirement for the Davis Refinery to keep monthly logs of its actual emissions ... the permit contains no requirement that the Davis Refinery install monitors to actually collect this data," association attorney Derrick Braaten said.
The group fears that pollution from the refinery will mar the park's scenery and erode air quality for wildlife and visitors. The park is North Dakota's top tourist attraction, drawing more than 700,000 people annually.
"With the decision to appeal, NPCA is fighting to protect the park that has inspired generations of conservationists," Stephanie Kodish, clean air program director for the association, said in a statement.
Roosevelt ranched in the region in the 1880s and is still revered by many for his advocacy of land and wildlife conservation.
Meridian maintains the facility will be "the cleanest refinery on the planet" thanks to modern technology and will be a model for future refineries. The company in a statement Wednesday said it does not comment on pending litigation.
State Air Quality Director Terry O'Clair said he had not had a chance to review the appeal but that "we're confident in the permit that was issued."
Meridian in late January obtained a needed state water permit . It still faces a separate state court battle related to the refinery's location. Two other environmental groups are challenging a decision by North Dakota regulators who concluded they were barred by state law from wading into the dispute over the site. |
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Supreme Court to consider Louisiana's non-unanimous juries
Securities Class Action |
2019/03/18 16:14
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The Supreme Court will consider banning non-unanimous juries in criminal cases in Louisiana, the only state that still allows them.
The justices said Monday they will hear an appeal from a man who was convicted of second-degree murder by a jury's 10-2 vote. First-degree murder charges already require a unanimous jury to convict.
Oregon voters recently approved a state constitutional amendment that ended Oregon's use of divided juries to convict some criminal defendants.
The high court also is agreeing Monday to decide whether states can eliminate the so-called insanity defense for criminal defendants without violating the Constitution.
The appeal comes from a Kansas man who has been sentenced to death for killing his estranged wife, their two daughters and the wife's grandmother. The cases will be argued in the fall. |
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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