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Demonstrators force Fox crew from Supreme Court broadcast
Legal News | 2018/07/10 09:36
Fox News' Shannon Bream said the network had to move a planned live broadcast indoors after she and her crew felt threatened by demonstrators outside the U.S. Supreme Court on Monday following President Donald Trump's nomination of Brett Kavanaugh.

People shouted obscenities at Bream and her crew, crowded around and touched crew members as they prepared to air Fox's 11 p.m. Eastern hour from the location two hours after the nomination, she said.

"I've been in the middle of many protesters and signs and chanting and we all do our jobs," Bream said Tuesday. "But last night had a different feel to it."

Bream said Fox felt specifically targeted, although she said other reporters had a difficult time with the crowd. Disturbed by the scene, Fox executives made the decision to move to a nearby studio. Bream had been at the court for several hours, doing live reports during several programs.

The incident on an emotional political night exposed Fox News to a threatening atmosphere frequently faced by reporters at other news organizations at Trump rallies. CNN White House correspondent Jim Acosta recently described how an elderly woman swore at him and tried to get him to leave one of Trump's recent rallies.

Bream, who has covered the Supreme Court for 11 years, said that often during demonstrations security separates demonstrators from the press with barricades, but they weren't on duty Monday night. She recalled only one other similar situation, but that happened during daylight hours.



Hawaii Supreme Court sides with lesbian couple in B&B case
Lawyer Blogs | 2018/07/09 09:36
A Hawaii appeals court ruling that a bed and breakfast discriminated by denying a room to two women because they're gay will stand after the state's high court declined to take up the case.

Aloha Bed & Breakfast owner Phyllis Young had argued she should be allowed to turn away gay couples because of her religious beliefs.

But the Hawaii Supreme Court on Tuesday unanimously rejected Young's appeal of a lower court ruling that ordered her to stop discriminating against same-sex couples.

Young is considering her options for appeal, said Jim Campbell, senior counsel for Alliance Defending Freedom, a conservative Christian law firm that is representing her. He said Young might not be able to pay her mortgage and could lose her home if she's not able to rent rooms.

"Everyone should be free to live and work according to their religious convictions - especially when determining the living arrangements in their own home," Campbell said in an emailed statement.

Peter Renn, who represents the couple, said the Hawaii high court's order indicates the law hasn't changed even after the U.S. Supreme Court last month, in a limited decision, sided with a Colorado baker who refused to make a wedding cake for a same-sex couple. He said "there still is no license to discriminate."

"The government continues to have the power to protect people from the harms of discrimination, including when it's motivated by religion," said Renn, who is a senior attorney with Lambda Legal, an organization that defends LGBTQ rights.

Diane Cervelli and Taeko Bufford of Long Beach, California, tried to book a room at Aloha Bed & Breakfast in 2007 because they were visiting a friend nearby. When they specified they would need just one bed, Young told them she was uncomfortable reserving a room for lesbians and canceled the reservation.



Pennsylvania court to hear objections to church abuse report
Headline News | 2018/07/07 23:40
Pennsylvania's highest court on Friday decided against immediately releasing an investigative grand jury's report into allegations of decades of child sexual abuse in six Roman Catholic dioceses, instead saying it would hear arguments from priests and others that making it public would violate their constitutional rights.

The state Supreme Court gave lawyers for those who object to being named in the nearly 900-page report and want to prevent its disclosure until Tuesday to lay out their arguments in writing, and the attorney general's office until July 13 to respond.

Attorney General Josh Shapiro has said he wants the report made public as soon as possible, noting that unindicted people who were cited in the report in a way that "could be construed as critical" were given an unrestricted right to file responses that are expected to be released along with the report. His spokesman declined comment on the court orders.

More than two dozen current and retired members of the clergy have argued to the court that the report is replete with errors and mischaracterizations that would violate their constitutional rights to due process and to protect their reputations.



1-year-old goes to court to get reunited with family
Court Center | 2018/07/07 06:41
The 1-year-old boy in a green button-up shirt drank milk from a bottle, played with a small purple ball that lit up when it hit the ground and occasionally asked for "agua."

Then it was the child's turn for his court appearance before a Phoenix immigration judge, who could hardly contain his unease with the situation during the portion of the hearing where he asks immigrant defendants whether they understand the proceedings.

"I'm embarrassed to ask it, because I don't know who you would explain it to, unless you think that a 1-year-old could learn immigration law," Judge John W. Richardson told the lawyer representing the 1-year-old boy.

The boy is one of hundreds of children who need to be reunited with their parents after being separated at the border, many of them split from mothers and fathers as a result of the Trump administration's "zero-tolerance policy." The separations have become an embarrassment to the administration as stories of crying children separated from mothers and kept apart for weeks on end dominated the news in recent weeks.

Critics have also seized on the nation's immigration court system that requires children — some still in diapers — to have appearances before judges and go through deportation proceedings while separated from their parents. Such children don't have a right to a court-appointed attorney, and 90 percent of kids without a lawyer are returned to their home countries, according to Kids in Need of Defense, a group that provides legal representation.

In Phoenix on Friday, the Honduran boy named Johan waited over an hour to see the judge. His attorney told Richardson that the boy's father had brought him to the U.S. but that they had been separated, although it's unclear when. He said the father, who was now in Honduras, was removed from the country under false pretenses that he would be able to leave with his son.

For a while, the child wore dress shoes, but later he was in just socks as he waited to see the judge. He was silent and calm for most of the hearing, though he cried hysterically afterward for the few seconds that a worker handed him to another person while she gathered his diaper bag. He is in the custody of the U.S. Health and Human Services Department in Arizona.


Lawyers: 2014 arrest at Vegas hotel precursor to killings
Opinions | 2018/07/06 06:41
Attorneys in a negligence lawsuit stemming from the Las Vegas Strip shooting say the massacre could have been avoided if hotel management tightened security after a man was found with multiple weapons at the Mandalay Bay resort in 2014.

Lawyer Robert Eglet said Friday the arrest of Kye Aaron Dunbar in a 24th-floor Mandalay Bay room with guns including an assault-style rifle, a tripod and a telescopic sight bears similarities to the Oct. 1 shooting.

Last year, gunman Stephen Paddock killed 58 people shooting modified assault-style weapons from a 32nd-floor room at the Mandalay Bay into a concert crowd below.

Dunbar is 32 and serving federal prison time after pleading guilty to unlawful possession of a firearm by a felon.

Hotel officials aren't commenting about a court filing Thursday that brought the Dunbar case to light.


Wisconsin court to rule on conservative professor's firing
Court Center | 2018/07/06 06:41
The Wisconsin Supreme Court is set to rule on whether Marquette University was correct to fire a conservative professor who wrote a blog post criticizing a student instructor he believed shut down discussion against gay marriage.

John McAdams sued the private Catholic school in 2016, arguing that he lost his job for exercising freedom of speech.

Marquette says McAdams wasn't fired for the content of his 2014 post, but because he named the instructor and linked to her personal website that had personal identifying information. The instructor later received a flood of hateful messages and threats.

The court heard arguments in April. The ruling expected Friday has been eagerly awaited by conservatives who see universities as liberal havens and by private businesses that want control over employee discipline.



California high court: Yelp can't be ordered to remove posts
Headline News | 2018/07/04 00:48
Online review site Yelp.com cannot be ordered to remove posts against a San Francisco law firm that a judge determined were defamatory, a divided California Supreme Court ruled Monday in a closely watched case that internet companies warned could be used to silence online speech.

In a 4-3 opinion, justices agreed, saying removal orders such as the one attorney Dawn Hassell obtained against Yelp "could interfere with and undermine the viability of an online platform."

The decision overturned a lower court ruling that Yelp had said could lead to the removal of negative reviews from the popular website.

Hassell said Yelp was exaggerating the stakes of her legal effort. Her attorney, Monique Olivier, said in a statement that the ruling "stands as an invitation to spread falsehoods on the internet without consequence."

She said her client was considering an appeal to the U.S. Supreme Court.

Hassell's 2013 lawsuit accused a client she briefly represented in a personal injury case of defaming her on Yelp by falsely claiming that her firm failed to communicate with the client, among other things.

San Francisco Superior Court Judge Donald Sullivan found the online statements defamatory and ordered the client and Yelp to remove them. Hassell said the client failed to answer her lawsuit or remove the posts, so she had to seek a court order demanding that Yelp do it.

A second judge and a state appeals court upheld Sullivan's order.

"Ms. Hassell did exactly what she should have done," Olivier said Monday. "After both the defamer and Yelp refused to remove untrue and damaging statements, she obtained a judgment against the defamer, and sought to enforce that judgment by requiring Yelp to remove the defamation."

Yelp said the lower court ruling would give businesses unhappy about negative reviews a new legal pathway for getting them removed.

Yelp said the removal order violated a 1996 federal law that courts have widely interpreted as protecting internet companies from liability for posts by third-party users and prohibiting the companies from being treated as the speaker or publisher of users' posts.

Three of the California Supreme Court justices agreed.

"In substance, Yelp is being held to account for nothing more than its ongoing decision to publish the challenged reviews," Chief Justice Tani Cantil-Sakauye said in an opinion joined by associate justices Ming Chin and Carol Corrigan.

Associate Justice Leondra Kruger said in a separate opinion that she agreed that the removal order against Yelp was invalid, but for a different reason. Hassell did not name Yelp as a defendant, so the company did not get its "own day in court," Kruger said.


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