Monday, March 18, 2024

A Supreme Court ruling in a social media case could set standards

In a busy term that could set standards for free speech in the digital age, the Supreme Court on Monday is taking up a dispute between Republican-led states and the Biden administration over how far the federal government can go to combat controversial social media posts on topics including COVID-19 and election security. The justices are hearing arguments in a lawsuit filed by Louisiana, Missouri and other parties accusing officials in the Democratic administration of leaning on the social media platforms to unconstitutionally squelch conservative points of view. Lower courts have sided with the states, but the Supreme Court blocked those rulings while it considers the issue. The high court is in the midst of a term heavy with social media issues. On Friday, the court laid out standards for when public officials can block their social media followers. Less than a month ago, the court heard arguments over Republican-passed laws in Florida and Texas that prohibit large social media companies from taking down posts because of the views they express. The cases over state laws and the one being argued Monday are variations on the same theme, complaints that the platforms are censoring conservative viewpoints. The states argue that White House communications staffers, the surgeon general, the FBI and the U.S. cybersecurity agency are among those who coerced changes in online content on Facebook, X (formerly Twitter) and other media platforms. “It’s a very, very threatening thing when the federal government uses the power and authority of the government to block people from exercising their freedom of speech,” Louisiana Attorney General Liz Murrill said in a video her office posted online. The administration responds that none of the actions the states complain about come close to problematic coercion. The states “still have not identified any instance in which any government official sought to coerce a platform’s editorial decisions with a threat of adverse government action,” wrote Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer. Prelogar wrote that states also can’t “point to any evidence that the government ever imposed any sanction when the platforms declined to moderate content the government had flagged — as routinely occurred.” The companies themselves are not involved in the case. Free speech advocates say the court should use the case to draw an appropriate line between the government’s acceptable use of the bully pulpit and coercive threats to free speech.

Thursday, March 7, 2024

Hong Kong court affirms landmark sedition conviction for pro-democracy activist

Criticizing laws or chanting anti-government slogans can be enough to jail someone for sedition in Hong Kong, an appeal court ruled Thursday in a landmark case brought under a colonial-era law increasingly used to crush dissent. Tam Tak-chi, the first person tried under the city’s sedition law since Hong Kong returned to Chinese rule in 1997. Tam’s lawyers had argued his conviction should be overturned because the prosecution did not show he meant to incite violence. The prosecution is widely seen as part of Beijing’s clampdown on dissent in the former British colony, following widespread anti-government protests in 2019. Hong Kong court affirms landmark sedition conviction for pro-democracy activist Tam was convicted on 11 charges in 2022, including seven counts of “uttering seditious words.” A judge at the lower court took issue with him chanting the popular protest slogan “Liberate Hong Kong, revolution of our times” — words the government says imply separatism — and criticizing the Beijing-imposed National Security Law during a primary campaign. The judge said his words broke the law because they incited discontent against Hong Kong and disobedience to the law. Tam and his lawyers had drawn hope from a ruling made by a top Commonwealth court in a 2023 case about a similar law. In that case, the London-based Privy Council said that the sedition law in Trinidad and Tobago could not be used to convict people unless they intended to incite violence or disorder. The Privy Council is the court of final appeal for a number of Commonwealth countries. But the Hong Kong court rejected the argument, finding that the Privy Council ruling only applied to the law in Trinidad and Tobago. Judge Jeremy Poon said sedition in Hong Kong is a statutory offense, not a common law offense. He added that law’s legislative history made it clear that an intention to incite violence is not a necessary element of most sedition offenses. “Nothing suggests that any individual, including the applicant, a politician and activist highly critical of the government and a stern opponent of government policy, would be subject to an unacceptably harsh burden because of the restriction on seditious acts or speeches imposed by the offense,” the ruling said.

Wednesday, February 14, 2024

North Carolina voter ID trial rescheduled again for spring in federal court

A federal lawsuit filed over five years ago challenging North Carolina's new photo voter identification mandate is now set to go to trial in the spring, with an outcome that could possibly affect what people must do to cast ballots this fall. The U.S. District Court in Winston-Salem announced on Monday that Judge Loretta Biggs will convene the nonjury trial starting May 6 over the law, which was implemented just last fall. While the state's photo ID requirement remains in place for the March 5 primary elections, a spring or summer ruling after the trial by Biggs to strike down the law could threaten its use in the November general election in the nation's ninth-largest state. North Carolina will have races for governor, attorney general and many other statewide races on the fall ballots. Courts, however, can be cautious about changing voting rules close to an election to avoid confusion. The May date is about three months later than the date that lawyers for the state NAACP and several local chapters had requested several months ago. They sued over the 2018 law claiming it is marred by racial bias. Attorneys for Republican legislative leaders defending the law had told Biggs in writing that the trial schedule sought by the NAACP groups was deficient. They also said it allowed no opportunity for the judge to dismiss the case on arguments before going to a formal trial. Biggs held a hearing in November about the trial date and whether the State Board of Elections should be required to provide more public records to the plaintiffs about how voter ID has been implemented since last year. In a separate order Monday, Biggs sent the plaintiff’s request to a magistrate judge to recommend a decision to her. That recommendation can be challenged. After a state Supreme Court ruling last April upholding the 2018 law as legal, the photo ID mandate was carried out in mostly municipal elections in September, October and November. The trial date order doesn't estimate how long the trial will last. But it sets aside three weeks after the trial for the sides to file more papers. The federal lawsuit alleges that the ID law violates the Voting Rights Act by discriminating disproportionately against Black and Latino voters to comply with the requirement. Republican lawmakers disagree and say the law builds public confidence in elections. They also point in part to a broader array of exceptions for people lacking an ID to still cast ballots when compared to an earlier voter ID law. Previous trial dates for 2021 and 2022 were postponed. Biggs delayed one start date while the U.S. Supreme Court weighed her earlier refusal to allow GOP lawmakers to intervene in the case and defend the law in court. The U.S. justices sided with the legislative leaders in June 2022. Biggs lifted her stay on action in the case last summer a few months after the state Supreme Court determined the mandate comported with state constitution. In late 2019, Biggs issued a preliminary injunction blocking the 2018 voter ID law, saying it was tainted by racial bias largely because a previous voter ID law approved by legislators in 2013 had been struck down on similar grounds. The 2013 law was implemented briefly in 2016.

Thursday, February 8, 2024

Republicans urge state Supreme Court to reject redistricting report’s findings

Wisconsin Republicans urged the state Supreme Court on Thursday to ignore a report from redistricting consultants that determined GOP-proposed legislative maps were unconstitutional partisan gerrymanders. While Republicans argue that the consultants’ findings are unsound, Democrats asked the court on Thursday to adopt one of their maps that the consultants found were “nearly indistinguishable.” The stakes are huge in battleground Wisconsin, where Republicans have held a firm grip on control of the Legislature even as Democrats have notched significant statewide wins. Four of the past six presidential elections have been decided by less than a percentage point, while Republicans have increased their majorities under the maps they first drew in 2011 to 22-10 in the Senate and 65-34 in the Assembly. The liberal-controlled Wisconsin Supreme Court ruled in December that the current Republican-drawn legislative maps were unconstitutional because not all the districts were contiguous. The court ordered the parties involved in the lawsuit to submit new maps that a pair of consultants then reviewed. With the report and responses now in hand, the court is poised to rule within days or weeks on what the new maps should look like, unless the Republican-controlled Legislature passes maps that Democratic Gov. Tony Evers signs into law first. Republicans are talking about passing the maps that Evers proposed, which the governor indicated on Wednesday he would sign. Evers last week vetoed maps the Legislature passed that were based on his proposal but made changes to protect Republican incumbents. Republican Assembly Majority Leader Tyler August said Thursday there have been discussions with Senate Republicans about passing the Evers maps with no changes. While those talks continue, the Supreme Court accepted responses Thursday from Republicans and Democrats to the consultants’ report. The court and Legislature are facing a March 15 deadline to enact new lines. That is the latest that maps can be in place in order for current filing deadlines for the fall election to be met, according to the Wisconsin Elections Commission. Attorneys for the Legislature argued in their court filing Thursday that the consultants’ report was about finding a political remedy to redistricting, not addressing the continuity issue. “There is no judicial power, only political will, to impose any of the Democrats’ sweeping redraws as a judicial remedy,” the Legislature argued. The Legislature also hints at an appeal to the U.S. Supreme Court, saying that moving millions of voters from one legislative district to another as the Democratic map proposals would do “raises serious federal constitutional questions.” The conservative Wisconsin Institute for Law & Liberty made a similar argument, saying adopting the reasoning of the consultants in rejecting it and the Legislature’s maps “would be an egregious due process violation.” Republicans have also argued that liberal Justice Janet Protasiewicz should not have heard the case, given that she called the current Republican maps “rigged” and “unfair” during the campaign and accepted about $10 million in donations from Democrats. She was part of the 4-3 majority that voted to toss the Republican maps.

Nevada Supreme Court sides with AP in Wynn defamation suit

The Nevada Supreme Court on Thursday dismissed a defamation lawsuit brought by casino mogul Steve Wynn against The Associated Press over a story about two women’s accounts to police alleging he engaged in sexual misconduct. The court cited state anti-SLAPP law in rejecting Wynn’s claim that he was defamed in the February 2018 AP article, which cited police documents. SLAPP, or strategic lawsuits against public participation, refers to court filings made to intimidate or silence critics. “Nevada’s anti-SLAPP statutes were designed to limit precisely the type of claim at issue here, which involves a news organization publishing an article in a good faith effort to inform their readers regarding an issue of clear public interest,” the three-justice panel said in a unanimous opinion. Wynn had argued that the documents failed to fully describe elements of a woman’s account that would have cast doubt on her allegation that he raped her in the 1970s in Chicago and that she gave birth to their daughter in a gas station restroom. Lauren Easton, AP vice president of corporate communications said in a statement that the news organization is pleased with the ruling. “We believe the Nevada Supreme Court made the right decision,” Easton said. Attorney Todd Bice, representing Wynn, said he was “surprised that the Court would change Nevada law and disregard the Nevada Legislature in order to extend legal protections to a news report that was determined to be false.” He said Wynn’s legal team now is “considering all options.” Wynn, the 82-year-old developer of a decadeslong casino empire, filed the lawsuit in April 2018 against AP, one of its reporters and Halina Kuta, the woman who made the claim. Two months earlier he had resigned as chairman and chief executive of Wynn Resorts. Wynn has consistently denied sexual misconduct allegations, which were first reported in January 2018 by the Wall Street Journal. The case went to the state high court twice, after Clark County District Court Judge Ronald Israel first dismissed AP from the case in August 2018 on the grounds that it “fairly reported” information based on an official document, a police complaint by Kuta, even though authorities never investigated the allegation. Las Vegas police said too much time had elapsed since Kuta said the events occurred in 1973 or 1974. Neither accuser was identified in the AP report. Their names and other identifying information were blacked out in documents obtained by AP under a public records request. Las Vegas police refused to provide additional details.

Tuesday, January 2, 2024

Hong Kong activist publisher Lai pleads not guilty to sedition charges

Prominent activist and publisher Jimmy Lai on Tuesday pleaded not guilty to three charges of sedition and collusion with foreign countries in a landmark national security trial in Hong Kong. Lai was arrested during a crackdown on dissidents following huge pro-democracy protests in 2019. He faces possible life imprisonment if convicted under a sweeping national security law imposed by Beijing. The trial is expected to last about 80 days without a jury. The 76-year-old media tycoon who founded the now-defunct Apple Daily newspaper faces one count of conspiring to print seditious publications to incite hatred against the Chinese and Hong Kong governments, as well as two counts of collusion with foreign countries to call for sanctions and other hostile actions against China and Hong Kong. Flanked by three prison officers, Lai formally pleaded not guilty to the charges read to him, shortly after the court rejected a last-ditch attempt by his counsel to throw out a sedition charge. Prosecutor Anthony Chau in his opening statements described Lai as a “radical political figure” and the “mastermind” behind a conspiracy. Chau also said that Lai had used his media platform to advance his political agenda. Clips of interviews that Lai gave to foreign media as well as speeches at events between 2019 and 2020 were also played in court. In the video, Lai called for support from foreign governments and urged U.S. officials as well as then-President Donald Trump to impose “draconian” measures on China and Chinese officials in retaliation for imposing the national security law and restricting freedoms in Hong Kong. His prosecution has drawn criticism from the United States and the United Kingdom. Beijing has called those comments irresponsible, saying they went against international law and the basic norms of international relations.

Sunday, December 24, 2023

Paramedics convicted in Elijah McClain's death after administering ketamine

Two Denver-area paramedics were convicted Friday for giving a fatal overdose of the sedative ketamine to Elijah McClain in 2019 — a jury verdict that experts said could have a chilling effect on first responders around the country. The case involving the 23-year-old Black man’s death was the first among several recent criminal prosecutions against medical first responders to reach trial, potentially setting the bar for prosecutors for future cases. It also was the last of three trials against police and paramedics charged in the death of McClain, whom officers stopped following a suspicious person complaint. He was injected with the sedative after being forcibly restrained. The case received little attention until protests over the 2020 killing of George Floyd in Minneapolis. An Aurora police officer was convicted of homicide and third degree assault earlier this year, while two other officers were acquitted. The jury on Friday found Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec guilty of criminally negligent homicide following a weekslong trial in state district court. They could face years in prison at sentencing. The jury also found Cichuniec guilty on one of two second-degree assault charges, which brings the possibility of an enhanced prison sentence and required that he be taken into immediate custody. Cooper was found not guilty on the assault charges and was not taken into custody.