Government Law News from FreeAdvice.com

Vulgar Holiday Light Display Protected by Federal Judge

Thursday, 27 December, 2012

It seems not everyone has been filled with the holiday spirit this year. In the small Louisiana town of Denham Springs, a dispute between neighbors reached its climax when one woman sent a well lit and familiar message to the family next door: a large hand extending a middle finger … continue reading

States Sue EPA Over Drilling Methane Emissions

Thursday, 13 December, 2012

The Environmental Protection Agency is tasked with researching, monitoring and enforcing clean air, water and land standards, and states depend on the EPA to address they issues head-on. One of the agency's most significant regulations is known as the Clean Air Act, which is concerned, among other exploits, with harmful … continue reading

Congress to Remove 'Lunatic' From Law Wording

Saturday, 8 December, 2012

When laws are drafted, they reflect the times. But after decades on the books, laws can become outdated, irrelevant, or even offensive; to remedy this, a congressional effort to rid U.S. laws of indelicate language has been underway. California recently replaced the term “mental retardation” with “intellectual disability." The word … continue reading

Supreme Court to Hear Same-Sex Marriage Cases

Friday, 7 December, 2012

America’s highest court has entered the gay marriage debate. Today, the Supreme Court announced that it would hear cases that test the rights of same sex couples, marking June 2013 for what will be a highly anticipated decision. The legality of gay marriage has become increasingly sensitive as more and … continue reading

Washington State Governor Signs Same Sex Marriage into Law

Thursday, 6 December, 2012

On November 6, Washington State voters chose to join a growing number of states to legalize same sex marriage. One month later, Governor Chris Gregoire has signed the measure into law this week to allow gay and lesbian couples to obtain legally-binding marriage licenses. Reports say same sex couples lined up … continue reading

Strict Georgia Abortion Law Faces ACLU Lawsuit

Tuesday, 4 December, 2012

The Georgia arm of the American Civil Liberties Union (ACLU) has filed a lawsuit that will attempt to block a new, and more restrictive, abortion law passed by the state. Set to take effect on January 1st, 2013, Georgia’s new abortion law prohibits abortions after 20 weeks with specific exceptions … continue reading

New Jersey Shore Town Engaged in Legal Battle Over Sand Dune Barriers

Tuesday, 27 November, 2012

A property dispute along the New Jersey oceanfront has taken an interesting turn in the wake of Superstorm Sandy. A series of two-story sand dunes erected along the beach in 2010 were designed to protect a small town of oceanfront homes from flooding, and performed exactly that function when they … continue reading

Santa Monica Ban on Nativity Display Passes Constitutional Challenge

Wednesday, 21 November, 2012

In the latest legal skirmish setting the border between church and state, a federal judge in California has ruled that the city of Santa Monica, California may issue a ban on a Nativity scene in a local public park. For over half a century, Santa Monica had granted space in … continue reading

Supreme Court to Reconsider Voting Rights Law

Monday, 12 November, 2012

After the election has come and gone, with less than perfect polling methods, the Supreme Court says it may do away with a government mechanism against racial discrimination in state voting processes. The court justices are reconsidering a provision in the 1965 Voting Rights Act that requires 16 states with histories … continue reading

Kentucky Amish Lose Buggy Exemption Case

Monday, 29 October, 2012

The Kentucky Supreme Court has upheld convictions of Amish men who faced legal trouble for refusing to place triangular orange safety symbols on the back of their buggies. Kentucky law requires the symbols be placed on the back of all slow moving vehicles, but the Amish refused based on their … continue reading

Suit Filed Against NYC for Civil Rights Violations in Occupy Protests

Thursday, 25 October, 2012

Across the globe in 2011 and 2012, Occupy Wall Street protesters took to the streets to voice concerns over corporate power, social and economic inequality, and corporate influence in the democratic process—to put it simply. The movement spread like wildfire, with varying levels of police reaction from hands-off to blatant … continue reading

New York City Dept. of ED Sued For False Medicaid Claims

Wednesday, 24 October, 2012

The US Department of Justice has joined a whistleblower lawsuit filed in 2007 by social worker Dana Ohlmeyer against the New York City Department of Education. The lawsuit claims that between 2001 and 2004, NYCDE billed Medicaid for psychological counseling services for special needs students, counseling those students never received. … continue reading

Federal Court Deals Blow to DOMA in Windsor vs. United States

Thursday, 18 October, 2012

The Second Circuit Court of Appeals (New York) ruled today that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, the section that defines “marriage” under federal law as applying only to marriages between one man and one woman. In this case, Windsor vs. United States, Edie Windsor filed … continue reading

Environmental Groups Sue California Government Over Fracking

Thursday, 18 October, 2012

Fracking, or induced hydraulic fracturing, is a technique used to release and extract petroleum and natural gas from deep underground. Those who support the practice argue that it is a means to economically beneficial hydrocarbons, that it provides jobs and that it is not unsafe; opponents and environmental activists say … continue reading

Early Voting in Ohio Upheld by U.S. Supreme Court

Tuesday, 16 October, 2012

The U.S. Supreme Court has paved the way today for the return of early voting in the state of Ohio. The Court rejected a challenge to an Ohio appeals court decision striking down an Ohio law doing away with early voting for most Ohioans. The appeals court decision now stands … continue reading

Government Talks of Suing Google in Antitrust Lawsuit

Monday, 15 October, 2012

Federal regulators with the Federal Trade Commission (FTC) are moving closer to a possible antitrust lawsuit against Internet titan Google Inc., according to Reuters. Widespread news articles are reporting that the lawsuit, which if filed will come next month or early December, alleges that Google uses its dominant search engine to … continue reading

Lawyer Who Has Filed Over 1,000 ADA Lawsuits Forces Burger Joint to Close

Thursday, 4 October, 2012

This week in Sacramento, California, locally owned eatery Ford’s Real Hamburgers closed its doors for good after 21 years of operation. Sadly, a small business going under is not that uncommon in this difficult economic climate, but the story of why Ford’s closed is somewhat unique: the burger joint was … continue reading

Pennsylvania Judge Stalls Voter ID Law

Tuesday, 2 October, 2012

Pennsylvania Judge Robert Simpson issued a partial preliminary injunction against a voter ID law today, a law that he had previously upheld. Among other provisions, the Pennsylvania voter ID law requires all voters bring a photo ID to the polls in order to vote. Judge Simpson’s ruling today effectively eliminates … continue reading

Woman Fined $15 for Her Swearing Cuckatoo Challenges Local Law

Saturday, 29 September, 2012

A Rhode Island woman has challenged the constitutionality of a city law that prohibits residents from allowing their pets to create a "habitual howling, barking, or other noise." Lynne, L. Taylor was found to be in violation of the city law when her neighbor complained about a noisy, and profane, … continue reading

Vietnamese Bloggers Receive Harsh Prison Sentences

Tuesday, 25 September, 2012

Taking a short break from American law, I would like to take the opportunity to reflect on how lucky I am to live in a country that values freedom of speech and freedom of the press by pointing out a tragic situation of three Vietnamese bloggers sentenced to prison for … continue reading

Legal Issues Arise When People With Service Dogs are Turned Away

Sunday, 23 September, 2012

Over the last couple of months, three incidents involving the refusal to accommodate service dogs have attracted the attention of the legal community. In June, a cab driver in Denver was suspended for forcing a blind woman’s service dog to ride in the trunk because he was allergic. When the … continue reading

New Jersey Is Latest To Adopt No-Smile Driver Licenses

Saturday, 22 September, 2012

Having your photo taken at the DMV is usually nothing to smile about anyways, but in some states, smiling is strictly prohibited thanks to the limitations of technology. Happy motorists will have to wipe the grins off their faces in Arkansas, Indiana, Nevada, Virginia, and now New Jersey when they … continue reading

North Carolina Law Punishing Students for Online Comments Raises Free Speech Questions

Wednesday, 19 September, 2012

In Ghostbusters II, after the Ghostbuster team has informed the mayor of New York that the city’s negative attitude has taken physical form as a dangerous slime threatening the city, the mayor angrily responds with a classic quote: Being miserable and treating other people like dirt is every New Yorker’s … continue reading

Hulu Loses Online Privacy Case

Monday, 10 September, 2012

Online video service provider, Hulu, has recently lost a legal decision to plaintiffs alleging the streaming content website violated by the Video Privacy Protection Act (VPPA) by sharing user viewing details with third parties. Hulu would share viewers' history with advertising agencies, market research companies, and social media outlets without … continue reading

Ohio Secretary Husted Backs Down - Issues New Directive

Friday, 7 September, 2012

Ohio Secretary of State Jon Husted backed down today and rescinded an earlier directive indicating that he would not comply with a federal court order requiring reinstatement of early voting for the upcoming November election. In the new directive, issued today, Husted simply states that his previous directive is rescinded. Husted … continue reading

Ohio Secretary of State Ordered to Appear in Court Next Week

Thursday, 6 September, 2012

Ohio Secretary of State Jon Husted has been ordered to appear in court next week following a directive he sent out earlier this week confirming that he does not plan to comply with an order from federal court Judge Economus requiring reinstatement of early voting in Ohio until a pending … continue reading

Ohio Secretary Husted Will Not Comply With Federal Court Early Voting Order

Tuesday, 4 September, 2012

Ohio Secretary of State Husted issued a Directive yesterday stating that an Ohio law ending early voting will remain in effect despite a federal court judgment striking down the law last week. Federal District Court Judge Peter Economus ruled Ohio’s law an unconstitutional denial of equal access to vote because it … continue reading

Federal Court in Ohio Strikes Down Law Restricting Early Voting

Friday, 31 August, 2012

Federal Court Judge Peter Economus has struck down an Ohio law that eliminates early voting in the three-day period preceding an election for all Ohio voters except for uniform services and overseas voters. The decision, filed today, details the history of the lawsuit, Obama for America vs. Jon Husted, and … continue reading

2012 Government Law Legal News Archives

December 2012