Justia Communications Law Opinion Summaries

Vanterpool was convicted under V.I. Code tit. 14, section 706(1) for obsessive phone calls and faxes to his ex-girlfriend Jacqueline Webster. On appeal, he argued that: Section 706 was unconstitutional under the First Amendment; that his trial counsel’s performance amounted to an ineffective assistance of counsel under the Sixth Amendment; and that there was sufficient evidence in the record to support Vanterpool’s multiple convictions. The Third Circuit remanded. While the First Amendment challenge would have been viable had it been raised during trial, the plain error standard precluded relief on appeal. Trial counsel’s failure to preserve the First Amendment challenge satisfied the prejudice prong of the Strickland test, but the record was insufficient regarding whether trial counsel’s performance fell below professional norms. View "Government of the VI v. Vanterpool" on Justia Law

In 2013, Governor Christie signed AB A3371 into law, providing: A person who is licensed to provide professional counseling ... shall not engage in sexual orientation change efforts with a person under 18 years of age. Plaintiffs provide licensed counseling to minor clients seeking to reduce or eliminate same-sex attractions and include providers of religious-perspective counseling. Plaintiffs describe their efforts as “talk therapy,” involving only verbal communication about potential “root causes” of homosexual behavior, such as childhood sexual trauma or a distant relationship with the same-sex parent, with discussion of “traditional, gender-appropriate behaviors and characteristics” and how the client can foster and develop those behaviors and characteristics. They challenged the law as a violation of their rights to free speech and free exercise of religion and asserted claims on behalf of their minor clients. The district court rejected the First Amendment claims and held that plaintiffs lacked standing to bring claims on behalf of their minor clients. The Third Circuit affirmed, reasoning that the statute is a regulation of professional speech that passes intermediate scrutiny. A3371 does not violate plaintiffs’ right to free exercise of religion, as it is a neutral and generally applicable law that is rationally related to a legitimate government interest. View "King v. Governor of NJ" on Justia Law

Satkar owns Schaumburg, Illinois hotel and was mentioned in blog posts and a television news report as having made a large donation to a local politician and later won a property-tax appeal. In response, the Cook County Board of Review revoked Satkar’s property-tax reduction and opened an inquiry. Satkar sued the Board, its members and staff, the blog, the television station, and reporters, under 42 U.S.C. 1983, and for defamation and false light. The district court dismissed the 1983 claims against the Board and the officials. The Seventh Circuit affirmed. The court separately dismissed the state-law claims against the media defendants, applying the Illinois Anti-SLAPP statute. Because the section 1983 claims were still pending, the judge entered final judgment under FRCP 54(b) to permit appeal of the SLAPP issue. Later, the judge orally invited Satkar to ask for a Rule 54(b) judgment on the SLAPP dismissal, forgetting that he had already entered final judgment. Satkar did not correct the judge, did not seek clarification, and did not file a notice of appeal. After the deadline to appeal expired, Satkar sought an extension, claiming that the judge’s comment created confusion. The judge granted the extension, relying on the defunct “unique circumstances” doctrine. The Seventh Circuit dismissed an appeal, noting that the Supreme Court has disavowed the unique circumstances doctrine and Satkar has not otherwise demonstrated excusable neglect. View "Satkar Hospitality, Inc.v. Fox Television Stations, Inc." on Justia Law

Plaintiffs, physicians and Medicaid providers, wanted to support candidates in the 2010 election, but were barred from doing so by Ohio Rev. Code 3599.45, which limits campaign contributions from Medicaid providers. They sued , arguing that the statute was unconstitutional on its face under the First and Fourteenth Amendments. The court rejected that position on plaintiffs’ motion for a preliminary injunction and on summary judgment. The Sixth Circuit reversed, finding unconstitutionality “clear” and “unavoidable.” The district court then entered a permanent injunction. Plaintiffs sought attorneys’ fees and costs (42 U.S.C. 1988) of $665,645.68. A magistrate recommended an award of $454,635.53 in fees and $6,442.03 in costs, with a $100,183 reduction for investigatory work performed before plaintiffs signed a fee agreement; a 25 percent reduction on discovery fees; and a 25 percent reduction on appellate fees. The district court awarded only $128,908.74 in fees and $6,315.00 in costs, drastically cutting hourly rates, striking hours spent on third-party discovery and other miscellaneous matters, and reducing appellate hours by 50 percent. After arriving at its lodestar calculation, the district court further reduced the fees by 35 percent under the Johnson factors. The court expressed concern that “taxpayers will ultimately bear the burden … Plaintiffs are medical doctors presumably abundantly capable of paying for representation” and that “counsel was merely scouring through campaign laws hoping to find an old one … to challenge in the hope of raking in overstated fees.” The Sixth Circuit vacated and remanded for recalculation before a different judge. View "Lavin v. Husted" on Justia Law

Dearborn hosted the Arab International Festival from 1995 until 2012, welcoming roughly 250,000 people with carnival attractions, entertainment, and international food. The 2012 Festival had 85 vendors, information tables, and booths, including several affiliated with Christian and other groups. Bible Believers attended the 2011 Festival, bearing “Christian signs, banners, and t-shirts” that provoked confrontations. Preparing for the 2012 Festival, their attorney wrote a letter, asserting that the sheriff sided with “the violent Muslims,” that “officers have a duty to protect speakers … from … hostile audiences,” and demanding protection. Counsel responded, stating that the sheriff “owes a duty to the public as a whole and is not required to serve as a security force for the sole benefit of … Believers … cannot protect everyone from the foreseeable consequences that come from speech that is designed and perhaps intended to elicit a potentially negative reaction.” The sheriff claims to have allocated more personnel to the Festival than to “the World Series or the President of the United States.” At the 2012 Festival, Believers displayed messages including “Islam Is A Religion of Blood and Murder.” One carried a severed pig’s head on a stick; others preached, using a megaphone, referring to a “pedophile” prophet. The crowd yelled, threw debris, and shoved a Believer to the ground. Officers detained debris-throwers and attempted to quell the crowd. As the confrontation intensified, Believers continued to preach. Officers reiterated safety concerns. Officers escorted the Believers out. In a suit under 42 U.S.C. 1983, the court granted summary judgment in favor of the county defendants. Finding no constitutional violations, it did not address qualified immunity. The Sixth Circuit affirmed, reasoning that the plan for Festival security was content-neutral and that the Believers were not treated differently than the counter-protestors.View "Bible Believers v. Wayne Cnty. " on Justia Law

Dr. Kiser is trained as a general dentist and as an endodontist specializing in root canal procedures. In 2009, the Ohio State Dental Board issued a warning to Kiser for practicing “outside the scope” of his declared specialty, stating, “if you wish to continue to declare yourself as a specialist in endodontics, you must advertise accordingly, and limit your practice per the ADA’s definition. If you would prefer to practice in areas outside the scope of endodontics, you may do so by no longer holding yourself out as a specialist in endodontics. You can be a general dentist, and then advertise and perform specialty services you are qualified to perform, so long as you also state you are a general dentist.” The Board took no further action and declined to answer Kiser’s 2012 inquiry about signage including the terms “endodontist” and “general dentist.” Kiser challenged the regulations as chilling his exercise of First Amendment commercial speech rights. The district court dismissed. The Sixth Circuit reversed, applying the Supreme Court decision, Susan B. Anthony List v. Driehaus (2014) and finding that Kiser alleged facts demonstrating that he faces a credible threat that the regulations will be enforced against him in the future, so that he has standing to assert his pre-enforcement challenge. View "Kiser v. Reitz" on Justia Law

The Fraternal Order of Police (FOP), an incorporated collective bargaining organization that represents the approximately 6,600 active police officers employed by the Philadelphia, operates a political action committee, COPPAC, for purposes of distributing contributions to candidates for local and state office. FOP, COPPAC, and four police officers challenged the constitutionality of section 10-107(3) of the Philadelphia Home Rule Charter, which prohibits employees of the Philadelphia Police Department from making contributions “for any political purpose,” 351 Pa. Code 10.10-107(3). The provision was enacted in 1951, based on Philadelphia’s history of political patronage. As interpreted by its implementing regulation, employees of the police department cannot donate to COPPAC because it uses some of its funds for partisan political purposes. The Charter ban applies only to the police, and does not proscribe political donations made by Philadelphia’s other 20,000 employees, the vast majority of whom are organized interests. The Third Circuit reversed summary judgment upholding the ban. Despite its valid concerns, the city did not explain how the ban serves in a direct and material way to address these harms. Given the lack of fit between the stated objectives and the means selected to achieve it, the Charter ban is unconstitutional. View "Lodge No. 5 of the Fraternal Order of Police v. City of Philadelphia" on Justia Law

ATC filed suit challenging the City's denial of its Conditional Use Permit (CUP) applications for three of its San Diego telecommunications facilities. ATC raised claims under, among other provisions, the California Permit Streamlining Act (PSA), Cal. Gov't Code 65956(b); the Federal Telecommunications Act (TCA), 47 U.S.C. 332; California Code of Civil Procedure 1094.5; and the Equal Protection Clause. The court reversed the district court's grant of summary judgment in favor of ATC on the PSA claim because the court concluded that the CUP applications were not deemed approved before the City denied them. The court affirmed the district court's grant of summary judgment on the TCA claim where the City evaluated the CUP applications under the proper provision of the Land Development Code and supported its decision to deny them with substantial evidence; the City did not unreasonably discriminate among providers of functionally equivalent services because ATC and the City are not "similarly situated" providers; and ATC has failed to show effective prohibition because it has not demonstrated that its proposals were the least intrusive means of filling a significant gap in coverage. ATC could not prevail on California Code of Civil Procedure 1094.5 because it does not have a fundamental vested right to the continued use of the Verus, Border, and Mission Valley Facilities. There was no violation of the Equal Protection Clause because the City's decision to deny the CUP applications was rationally related to the City's legitimate interest in minimizing the aesthetic impact of wireless facilities and in providing public communications services. Accordingly, the court reversed in part and affirmed in part. View "American Tower Corp. v. City of San Diego" on Justia Law

A referee recommended that Attorney Sommers' license to practice law be suspended for 60 days for professional misconduct. He did not appeal. The Wisconsin Supreme Court held that the misconduct warrants public discipline, but deemed a public reprimand sufficient and imposed the full costs on Attorney Sommers, which total $5,033.16. Sommers was admitted to practice law in Wisconsin in 1992. His Wisconsin law license is currently suspended for nonpayment of State Bar dues and for noncompliance with continuing legal education requirements. Sommers was previously suspended for 30 days as discipline based on a related matter: allegations relating to improper ex parte communications, press releases, and other statements involving the judiciary. View "Office of Lawyer Regulation v. Sommers" on Justia Law

Plaintiff filed suit seeking an injunction to prevent Yelp, a popular website, from making claims about the accuracy and efficacy of its "filter" of unreliable or biased customer reviews. The trial court granted Yelp's special motion to strike plaintiff's complaint under Code of Civil Procedure section 425.16 because Yelp's statements at issue were matters of public interest. The court concluded that Yelp's representations about its review filter constitute commercial speech squarely within the public speech exemption of section 425.17, subdivision (c) where Yelp's statements about its review filter consists of representations of fact about Yelp's website that are made for the purpose of obtaining approval for, promoting, or securing advertisements on Yelp's website, and Yelp's statements were made in the course of delivering Yelp's website. Further, Yelp's intended audience is an actual or potential buyer or customer, or a person likely to repeat the statement to, or otherwise influence, an actual or potential buyer or customer. The court rejected Yelp's assertion that the federal Communications Decency Act, 47 U.S.C. 230, barred plaintiff's claims. Accordingly, the court reversed the trial court's order. Finally, plaintiff shall be given an opportunity to move to amend his complaint to substitute the real party in interest in this action as plaintiff. View "Demetriades v. Yelp, Inc." on Justia Law