The Michigan anti-begging statute, Mich. Comp. Laws 900, has existed since at least 1929 and provides that “[a] person is a disorderly person if the person is any of the following: ... (h) A person found begging in a public place.” A person convicted under section 750.167(1)(h) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. The Grand Rapids police recorded 409 incidents of police enforcing the anti-begging law from 2008–2011. Plaintiffs, two homeless adults, were arrested. One was holding signs saying: “Cold and Hungry, God Bless” and “Need Job, God Bless.” The other, a veteran, needed money for bus fare, and asked a person on the street: “Can you spare a little change?” The Sixth Circuit affirmed that the law was unconstitutional. Begging is a form of solicitation that the First Amendment protects and the statute cannot withstand facial attack because it prohibits a substantial amount of solicitation, but allows other solicitation based on content. View "Speet v. Schuette" on Justia Law

The Contributor produces a street newspaper to educate people about homelessness and poverty and helps develop job skills for homeless and formerly homeless persons, employing them as street vendors. Two such vendors were cited for attempting to sell issues of the newspaper on the streets and sidewalks of Brentwood, Tennessee, under an ordinance that provided that no person could use or occupy any portion of the city street, alley, sidewalk or the public right-of-way to sell any goods or materials. The city then revised the ordinance to provide that it should not “be construed as prohibiting the sale or distribution of newspapers, magazines, periodicals, handbills, flyers or similar materials, except that: (1) Such activity shall be prohibited on any portion of any street within the city. (2) Such materials shall not be handed to the occupant of any motor vehicle that is on a street, nor shall any action be taken which is intended or reasonably calculated to cause the vehicle occupant to hand anything to the person selling or distributing the materials." The district court upheld the revised ordinance as leaving open adequate alternative channels of communication. The Sixth Circuit affirmed. View "The Contributor v. City of Brentwood" on Justia Law

The Government filed three applications under section 2703 of the Stored Communications Act (SCA), 18 U.S.C. 2701-2712, seeking evidence relevant to three separate criminal investigations. At issue on appeal was whether court orders authorized by the Act to compel cell phone service providers to produce the historical cell site information of their subscribers were per se unconstitutional. The court concluded that cell site data are business records and should be analyzed under that line of Supreme Court precedent; because the magistrate judge and district court treated the data as tracking information, they applied the wrong legal standard; using the proper framework, the Act's authorization of section 2703(d) orders for historical cell site information if an application meets the lesser "specific and articulable facts" standard, rather than the Fourth Amendment probable cause standard, was not per se unconstitutional; and as long as the Government met the statutory requirements, the Act did not give the magistrate judge discretion to deny the Government's application for such an order. Accordingly, the court vacated and remanded with instructions to grant the applications. View "In re: Application of the U.S. for Historical Cell Site Data" on Justia Law

The IRS challenged the district court's judgment upholding the bankruptcy court's decision to grant the objection of the reorganized Worldcom debtors to the IRS's proof of claim for taxes owed and the debtors' refund motion for the taxes WorldCom had already paid. At issue was whether WorldCom must pay federal excise taxes on the purchase of a telecommunications service that connected people using dial-up modems to the Internet. The court held that WorldCom purchased a "local telephone service" when it paid for the telecommunications service and that WorldCom must therefore pay federal communication excise taxes on those transactions. Accordingly, the court reversed and remanded for further proceedings. View "In Re: WorldCom, Inc." on Justia Law

Peele worked for the Portage Police Department as a detective. In 2007 he supported Charnetzky’s Democratic primary campaign to become mayor. Charnetzky lost. Peele spoke to a local reporter and criticized Sheriff Lain for endorsing the opponent, apparently stating that Sheriff Lain “won’t get any support here.” The day after the comments were published, Peele was reassigned to the more deskbound position of “Station Duty Officer.” Peele sued, claiming that he was demoted and constructively discharged without due process; retaliation for his support of Charnetzky; and defamation. The defendants counterclaimed malicious prosecution and abuse of process. The district court granted summary judgment to the defendants. The Seventh Circuit reversed with respect to retaliation, noting that the district court did not address conspiracy, immunity, or the city’s liability. View "Peele v. Burch" on Justia Law

The Tennessee Adult-Oriented Establishment Registration Act of 1998 is a county-option state law to address deleterious secondary effects associated with adult-oriented businesses, including crime, spread of venereal disease, and decreased property values. Adult-oriented establishments that are subject to the Act, and their employees, must obtain licenses. The Act prohibits nudity, certain sexual activities, touching of certain anatomical areas, all physical contact during performances, sale or consumption of alcohol on the premises; it requires that all performances occur on a stage at least 18 inches above floor level with all performers at least six feet away from customers and other performers. Shelby County adopted the Act in 2007. Owners of adult establishments challenged the ordinance. Following denial of a preliminary injunction, the district court granted summary judgment upholding the law, except with respect to a claim of facial invalidity attacking the reasonableness of coverage of establishments featuring “briefly attired” dancers. The court then rejected that challenge. The Sixth Circuit affirmed, rejecting First Amendment challenges. View "Entm't Prods., Inc. v. Shelby Cnty." on Justia Law

The Conference Group challenged the Commission's decision that the audio bridging services provided by InterCall were properly classified as "telecommunications" under the Communications Act of 1934, as amended, and thereby obligated it and "similarly situated" providers to contribute directly to the Universal Service Fund (USF), 47 U.S.C. 254(d). The court concluded that the Conference Group had standing to challenge the Commission's decision as procedurally unlawful rulemaking; on the merits, the Commission's decision involved a statutory interpretation that could be rendered in the form of an adjudication, not only in a rulemaking; because the decision was an adjudication and The Conference Group was not a party, it lacked standing to challenge the merits of the adjudication; and, therefore, the court dismissed in part and denied in part The Conference Group's petition for review. View "The Conference Group, LLC v. FCC, et al." on Justia Law

Plaintiff filed a complaint against the State Board, alleging that it violated his First Amendment rights by causing him to self-censor certain speech on his website wherein he offered both free and fee-based dietary advice to website visitors. The court reversed the district court's holding that plaintiff did not have standing to bring these claims. The court concluded that the district court erred in not analyzing plaintiff's claims under the First Amendment standing framework where, under that analysis, plaintiff satisfied the injury-in-fact requirement by showing that the State Board's action had an objectively reasonable chilling effect on his speech. The court also concluded that plaintiff's claims were ripe for adjudication. Accordingly, the court vacated and remanded for further proceedings. View "Cooksey v. Futrell" on Justia Law

Plaintiff filed a complaint seeking damages and injunctive relief, alleging that defendants violated, inter alia, the Lanham Act, 15 U.S.C. 1125(a)(1), and New York General Business Law 349 when defendants published a scientific article reporting research results related to plaintiff's production of surfactants. The court concluded that, as a matter of law, statements of scientific conclusions about unsettled matters of scientific debate could not give rise to liability for damages sounding in defamation. The court also concluded that the secondary distribution of excerpts of such an article could not give rise to liability, so long as the excerpts did not mislead a reader about the conclusions of the article. Therefore, the district court correctly concluded that plaintiff failed to state a claim based on publication of the article itself because the challenged statements were protected scientific opinion and plaintiff failed to adequately allege that defendants Chiesi and Cornerstone distributed misleading excerpts of the article. Accordingly, the court affirmed the judgment. View "ONY, Inc. v. Cornerstone Therapeutics, Inc." on Justia Law

Seitz and Welter were partners in Wasco, a property management company. Greg was also a police officer. Elgin’s police chief confronted Greg with the emails showing that Greg had used the Law Enforcement Agencies Data System (LEADS) to research cars parked in front of Wasco properties. Illinois limits use of LEADS to criminal justice purposes. The chief notified Gregg of a misconduct investigation regarding his use of LEADS. The city allegedly received its information after Tamara, Greg’s then wife and a fellow police officer, and Beeter accessed Greg’s email account and conveyed print-outs to the corporation counsel under cover of anonymity. Greg and Seitz sued Tamara and Beeter, alleging violations of the Federal Wiretap Act (FWA), the Stored Communications Act (SCA), and the Computer Fraud and Abuse Act, and state law claims. They sued Elgin under the FWA. The district court dismissed the complaint against the city, concluding that the FWA, 18 U.S.C. 2511(1) prohibits “persons” from intercepting communications, but does not extend its definition of “person” to municipalities. The Seventh Circuit affirmed. A 1986 amendment permits suit against governmental units by adding “entity” to the text, but only for substantive provisions that identify an “entity” as a potential violator of that provision. View "Seitz v. City of Elgin" on Justia Law