Strauss v. Horton
Gay couples sue to block enforcement of California's Proposition 8 ban on same-sex marriage, saying it "strike[s] directly" at constitutional rights of equal protection.
Authors Guild v. Google
Google agrees to pay authors and publishers $125 million as part of a "historic" settlement of class action suits involving online access to books through Google Book Search.
Steele v. TBS
Boston-area musician sues Jon Bon Jovi and others for $400 billion, alleging the rocker's song "I Love This Town" is a ripoff of a "love song" he wrote for "his beloved Red Sox."
• Cookbook author Missy Chase Lapine, allegedly slandered by Jerry Seinfeld, says she has "never felt so frightened and vulnerable as the day my daughter, 7 years old, came home from school and asked, "Mom, what is an assassin?" Seinfeld had joked on the "David Letterman Show" that "if you read history, many of the three-name people do become assassins.” Lapine v. Seinfeld
• North Carolina Court of Appeals refuses to issue an injunction requiring pop singer Clay Aiken to endorse a book about him. "Our courts cannot be used to force celebrities or their family or friends into making endorsements for another person's profit." Holleman v. Aiken
• Iowa Court of Appeals affirms the liability of a school district for failing to take adequate steps to prevent the physically aggressive behavior of a high-school basketball player. Andrew McSorley struck an opposing player in the head with his elbow during a game in 2004.
Brokaw v. Winfield-Mt. Union Community
Sch. Dist.
• Illinois middle school student wants the termination of a teacher who allegedly told other students to slap her for being inattentive "and, in fact, the other students slapped the minor plaintiff in the head."
Torres v. Valley View Community Sch. Dist. 365U
• Florida Supreme Court declines to recognize the tort of false light invasion of privacy. "[T]he benefit of recognizing the tort, which only offers a distinct remedy in relatively few unique situations, is outweighed by the danger of unreasonably impeding constitutionally protected speech ..." Jews for Jesus v. Rapp
• Actor David Duchovny denies having any Californication with a tennis instructor and sues a British newspaper for saying he did. "Daily Mail has caused substantial harm to Duchovny, in complete disregard of the truth and of even a semblance of journalistic integrity." Duchovny v. Daily Mail
• Kentucky settles a political blogger's free-speech suit, agreeing to only block access to blogs on state-owned computers "if pursuant to a reasonable, viewpoint-neutral standard that applies equally to all websites, whether or not those websites can be described as 'blogs.'" Nickolas v. Fletcher
• News service researching a 1964 auto accident involving John McCain files a Freedom of Information Act suit seeking U.S. Navy hospital records. "The personal history and military career of a Presidential candidate are matters of high importance to the American public." National Security News Service v. U.S. Dept. of the Navy
• Civil liberties group challenges the new federal law shielding phone companies from liability for cooperating in warrantless wiretapping. "At stake are the privacy rights of every American ..." In re NSA Telecom Records Litigation
• Louisiana appeals court rules that a marriage between first cousins in Iran "is valid in Louisiana and is not a violation of a strong public policy." Ghassemi v. Ghassemi
"Santa's Butt" Beer Ban Brews Free Speech Fight
Commercial speech precedent clearly favors a beer importer in its legal battle with Maine alcohol regulators who banned sales of "Santa's Butt Winter Porter" and two other beers because the labels feature “undignified or improper” illustrations.
Shelton Brothers of Belchertown, Mass., specializes in hand-crafted beers from Europe and, for the label of the British-made “Santa's Butt” product, chose to show St. Nick from behind, his ample posterior wedged into a beer barrel. The illustration, apparently, is a visual pun -– a barrel of that size is known as a “butt.”
Maine's Bureau of Liquor Enforcement didn't see much humor in it, however, and barred the beer under a rule which states that “advertisements of liquor shall not contain any undignified or improper illustrations.” Regulators also couldn't swallow the labels for “Les Sans Culottes” from France and Belgium's “Rosé de Gambrinus.”
In a complaint for injunctive relief filed Nov. 30, Shelton Bros. challenges the ban as a “content-based prior restraint” that “goes beyond any substantial government interest.” The federal Bureau of Alcohol, Tobacco and Firearms has approved the labels, and New York state withdrew its initial objections to them.
“Maine has decided to say: 'Well, Maine is different. People here in Maine can't see Santa's butt,'" Daniel Shelton, owner of the importer, told Court TV.
So far, the state has only said that the Santa label was rejected because it might appeal to children, and the other two went too far in their depictions of bare-breasted women. But it's hard to imagine how Maine can do a better job of justifying its ban than New York did in a case involving a Michigan brewer's Bad Frog products.
Under the U.S. Supreme Court's Central Hudson test, a restriction on commercial speech must directly advance a government interest and must not be “more extensive than is necessary to serve that interest.”
In banning Bad Frog because of a label featuring a frog “giving the finger,” New York regulators cited the interest of protecting children from vulgarity. But the 2nd U.S. Circuit Court of Appeals ruled in 1998 that the ban “cannot realistically be expected to reduce children's exposure to [vulgar] displays to any significant degree.”
“[A] state must demonstrate that its commercial speech limitation is part of a substantial effort to advance a valid state interest, not merely the removal of a few grains of offensive sand from a beach of vulgarity,” the court concluded in Bad Frog Brewery v. New York State Liquor Authority, 134 F.3d 87.
The limited step of keeping Santa's butt and some bare breasts off beer shelves would be similarly ineffectual in accomplishing Maine's anti-vulgarity goals.
By Matthew Heller 12/10/06
'Known Risk' Makes U.S. Liable for Bear Attack?
The failure of wildlife officials in Utah to warn campers of the “known risk” of a specific bear makes them liable for the fatal mauling of an 11-year-old boy, the parents of Samuel Ives argue in court papers. more
Is There Room on Web for Two "Funky" Chicks?
In a colorful legal battle between “personal” bloggers, “Funky Brown Chick” will have to show more than surface similarities between her eponymous website and “funkyblackchick.com” to prevail on her trademark infringement claims. more
Manager Blames Movie for Use of Racial Slur
A former Wyeth Pharmaceuticals manager says she wasn't expressing racial bias when she described herself as the “head nigger in charge” in front of an African-American employee -– she just had the phrase “fresh in my mind” after seeing the movie “Lean on Me.”
more
Dirty Dancer Settles with Town -- to Tune of $275K
After a six-year legal battle over dirty dancing, a North Carolina town has agreed to pay $275,000 to a woman whom it had banned from its community center because of her “sexual gyrations.”
more
Careless Cart Loading Alleged in Death Case
Florida premises liability law appears to be generous enough toward plaintiffs that Home Depot could be held liable for the death of a customer who was allegedly struck by an overloaded shopping cart being pushed by another customer.
more
Parents, Hospital Clash over Meaning of Death
A legal showdown over the meaning of death pits an ultra-Orthodox Jewish couple who believe there is life while the heart still beats against the Washington, D.C., hospital which wants to remove their brain-dead son from life support.
more
Plaintiff in God Lawsuit Appeals to Higher Power
Despite having no earthly hope of prevailing, Nebraska State Sen. Ernie Chambers has appealed to a higher legal power in his lawsuit against God, which was dismissed because he has not served the defendant. more
Staring at Breasts Not Harassment, Says Jury
The former administrator of Grafton, Mass., did not sexually harass his secretary by staring at her breasts, a jury has ruled, apparently agreeing with the defense that his eye movements were “normal mannerisms” caused by a medical condition. more
Penis Pump Judge's Staff Settle Claims for $340K
The misconduct of former Creek County District Judge Donald Thompson, who masturbated with a penis pump while presiding over trials, has ended up costing Oklahoma taxpayers $340,000 in settlements of lawsuits filed by two of his employees. more
No Coddling for Colleges That Coddle Athletes?
Civil rights plaintiffs have won another victory in a case involving the coddling of college athletes as a judge ruled that a rape victim can sue former Arizona State University football coach Dirk Koetter for putting her in danger she would otherwise not have faced. more
Priest's Affair Said to Breach Duty as Confessor
As pickup lines go, “Your presence struck me like a thunderbolt” is passably original. But it was allegedly uttered by a priest who, according to a $125 million lawsuit, exploited the power of the confessional to seduce a female parishioner. more
Nelson v. American Apparel Subject: "Sham" Arbitration Document: Opinion
Commercial speech precedent clearly favors a beer importer in its legal battle with Maine alcohol regulators who banned sales of "Santa's Butt Winter Porter" and two other beers because the labels feature “undignified or improper” illustrations.
