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| | ACLU v. Ashcroft - definition of ACLU v. Ashcroft in Encyclopedia |
 | | Ashcroft is a lawsuit on behalf of some unknown party on April 9, 2004. | | | The ACLU argued that the NSL violated the First and Fourth Amendments of the US Constitution because: | | | The ACLU sued to invalidate the national security letter (NSL) provision of the 1986 Electronic Communications Privacy Act. |
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http://encyclopedia.laborlawtalk.com/ACLU_v._Ashcroft
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| | American Civil Liberties Union - Wikipedia, the free encyclopedia |
| | The ACLU's stated mission is to defend the rights of all citizens as enshrined in the Bill of Rights of the United State Constitution. | | | The ACLU provides lawyers and legal expertise in cases where it believes an individual's or group of individuals' rights are being violated by the government. | | | United States, 323 U.S. These arguments are hard to square with the fact that the national branch of the ACLU acutually filed a brief of amicus curiae with the court on behalf of Mr. |
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http://en.wikipedia.org/wiki/ACLU
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| | ACLU v. Ashcroft - Wikipedia, the free encyclopedia |
| | Ashcroft may refer to one of a number of United States legal court cases involving the American Civil Liberties Union and the United States government under the George W. Bush administration —represented by former Attorney General John Ashcroft. | | | Ashcroft (2004) - A district court ruled against the government on an issue of constitutionality for a section (NSL provision) of the Electronic Communications Privacy Act, because it failed to outline legal process by which a party subpoenaed for information, based on the ECPA NSL provision, could challenge the government. | | | American Civil Liberties Union - freedom of speech, internet, child pornography) a SCOTUS case that began in 1999, which found provisions of the Child Online Protection Act (COPA) to be in violation of the free speech clause in the First Amendment. |
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http://en.wikipedia.org/wiki/ACLU_v._Ashcroft
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| | No. 03-218: Ashcroft v. ACLU - Petition |
| | ACLU, 521 U.S. 844 (1997), the Court held that the CDA's regulation of "indecent" and "patently offensive" speech violated the First Amendment. | | | And, as this Court held in Ashcroft v. | | | ACLU, 535 U.S. In a judgment supported by several opinions, the Court held that "COPA's reliance on community standards to identify 'material that is harmful to minors' does not by itself render the statute substantially overbroad for purposes of the First Amendment." Id. at 585. |
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http://www.usdoj.gov/osg/briefs/2003/2pet/7pet/2003-0218.pet.aa.html
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| | NYCLU: In the courts |
| | The ACLU and NYCLU filed a direct appeal with the New York Court of Appeals. | | | The NYCLU and the ACLU Women’s Rights Project filed an Article 78 proceeding arguing that the Elks’ policy of excluding women was arbitrary and capricious and that the exemption of the Elks from the anti-discrimination provisions of the New York Executive Law §292 was itself irrational and unconstitutional in violation of the Equal Protection principles. | | | In June of 2002, Attorney General John Ashcroft announced that the Department of Justice (DOJ) was abandoning a prior policy that local law-enforcement agencies were not authorized to engage in the enforcement of civil immigration laws. |
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http://www.nyclu.org/docket.html
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| | Ashcroft v. ACLU |
| | V), a statutory provision prohibiting the use of telephones to make obscene or indecent communications for commercial purposes. | | | Whatever disparity exists between various communities' assessment of the content that appeals to the prurient interest of minors will surely be matched by their differing opinions as to whether descriptions of sexual acts or depictions of nudity are patently offensive with respect to minors. | | | Although our holding in ACLU I did not turn on that factor alone, we did not adopt the position relied on by Justice Thomas–that applying community standards to the Internet is constitutional based on Hamling and Sable. |
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http://www.tomwbell.com/NetLaw/Ch04/Ashcroft.html
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| | No. 03-218: Ashcroft v. ACLU - Appendix (Petition) |
| | Because the ACLU met its burden for a preliminary injunction, the District Court granted its petition. | | | In addition to the limited Opinion of the Court, the Ashcroft Court issued a number of other opinions authored and joined by other Justices, each of which is instructive to us on remand. | | | Initially, the government moved the District Court to dismiss the ACLU's action insofar as the individuals and entities that it purported to represent were not in danger of prosecution under COPA and therefore lacked standing. |
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http://www.usdoj.gov/osg/briefs/2003/2pet/7pet/2003-0218.pet.app.html
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| | Medill School of Journalism - On the Docket |
| | This weblog is licensed under a Creative Commons License. | | | The Court accepted two new cases, both involving prisoner rights; one over access to publications for prisoners in long term segregation (Beard v. | | | The Court also accepted for review a case involving workers' compensation and bankrupty (Howard Delivery Service v. |
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http://docket.medill.northwestern.edu/?...&-recordID=33206&-search
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| | firstamendmentcenter.org: news |
| | In 2002, the Supreme Court examined the law and returned it to the appeals court for further findings on whether the injunction was justified. | | | ACLU (1997) found the Communications Decency Act unconstitutional, Congress tried again to find a way to restrict minor's access to sexually explicit material on the Internet. | | | ACLU II back to lower court for trial that could give government a chance to prove that COPA doesn't go too far. |
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http://www.firstamendmentcenter.org/news.aspx?id=13584
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| | Ashcroft v. ACLU |
| | The case was heard by the United States District Court for the Eastern District of Pennsylvania. | | | The district court held that COPA is a content-based restriction because it prohibits Web publishers from displaying material that is “harmful to minors.” Laws that discriminate based on content are “presumptively invalid” and must pass the strict scrutiny test. | | | Ohio, 378 U.S. 184 (1964) this Court tried to resolve the issue of local vs. |
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http://www2.norwich.edu/jjageman/MT/aclu_a.htm
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| | IPTAblog: Ashcroft v. ACLU |
| | This weblog is licensed under a Creative Commons License. | | | ACLU, upholding the injunction on the Child Online Protection Act (COPA), because the statute likely violates the First Amendment. |
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http://www.iptablog.org/2004/06/29/ashcroft_v_aclu.html
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| | ipedia.com: Supreme Court of the United States Article |
| | In cases involving a federal agency (for example, the United States Department of Justice), the head of the agency is often named as a party to the case, such as Ashcroft v. | | | Respondent", where the petitioner is the party that requested certiorari after having lost the previous decision in the case, and the respondent is the party having prevailed in the lower court. | | | The former practice is still followed by appellate courts in many common law jurisdictions outside the United States. |
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http://www.ipedia.com/supreme_court_of_the_united_states.html
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| | Legal Theory Blog |
| | From this account follows a new general test: The compelled subsidization of the speech of others violates the First Amendment just when the funds collected are used to promote the message of an identifiable viewpoint or interest in debate on a controversial political or ideological issue. | | | The 1998 law was a new attempt to insulate minors from sex on the Internet after the Court in 1997, in Reno v. | | | Reno, 509 U.S. 630 (1993), which held ugly black districts to be violative of the Fourteenth Amendment's Equal Protection Clause - but are adjacent to majority-minority districts that must be preserved in accordance with both Sections 2 and 5 of the Voting Rights Act, the laws forbidding dilution and retrogression of majority-minority districts. |
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http://lsolum.blogspot.com/archives/2004_06_01_lsolum_archive.html
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| | ASHCROFT V. AMERICAN CIVIL LIBERTIES UNION |
| | American Civil Liberties Union, 521 U.S., in which this Court held that the Communications Decency Act of 1996, Congress’ first attempt to make the Internet safe for minors by criminalizing certain Internet speech, was unconstitutional because it was not narrowly tailored to serve a compelling governmental interest and because less restrictive alternatives were available. | | | NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. | | | After considering testimony presented by both respondents and the Government, the District Court granted the preliminary injunction, concluding that respondents were likely to prevail on their argument that there were less restrictive alternatives to COPA, particularly blocking or filtering technology. |
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http://straylight.law.cornell.edu/supct/html/03-218.ZS.html
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| | Ashcroft v. American Civil Liberties Union (2004) [03-218] |
| | The American Civil Liberties Union (ACLU) and online publishers sued in federal court to prevent enforcement of the act, arguing that it violated the Free Speech clause of the First Amendment. | | | On appeal, a Third Circuit Court of Appeals panel affirmed, holding that because the act used "community standards" to decide which material was harmful to minors, it would prohibit material that was felt offensive in the most "puritanical" communities from being displayed in more "tolerant" ones. |
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http://www.oyez.org/oyez/resource/case/1718
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| | FindLaw - U.S. Supreme Court - March 2004 Cases |
| | Did the Court of Appeals misapply Penry v. | | | Is the Fifth Circuit's rule requiring a "nexus" to the crime before evidence of impaired intellectual functioning and judgment can be considered as mitigation for purposes of determining whether there is a violation of Penry v. | | | Whether a fact (other than a prior conviction) necessary for an upward departure from a statutory standard sentencing range must be proved according to the procedures mandated by Apprendi v. |
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http://supreme.lp.findlaw.com/supreme_court/docket/2003/march.html
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| | Docket for 03-218 |
| | Reply of petitioner John D. Ashcroft, Attorney General filed. | | | Brief of petitioner John D. Ashcroft, Attorney General filed. | | | Appendix of John D. Ashcroft, Attorney General filed. |
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http://www.supremecourtus.gov/docket/03-218.htm
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| | beSpacific: Courts Archives |
| | ACLU II; Cornell's Legal Information Institute, SCOTUSBlog, and AP, and this EFF press release. | | | From the ACLU, Court Orders CIA to Comply With Request For Torture Records and the New York Times, A.C.L.U. Gains in Its Quest for C.I.A. Documents on Detainees. | | | Ashcroft et al., No. 04-CIV-2614, Judge Victor Marreo, Southern District of New York, "struck down an entire Patriot Act provision that gives the government unchecked authority to issue "National Security Letters" to obtain sensitive customer records from Internet Service Providers and other businesses without judicial oversight. |
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http://www.bespacific.com/mt/archives/cat_courts.html
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| | Ashcroft v. ACLU |
| | The district court issued a preliminary injunction to prevent COPA's enforcement, and the Third Circuit Court of Appeals affirmed. | | | Whether the court of appeals properly barred enforcement of the Child Online Protection Act on First Amendment grounds because it relies on community standards to identify material that is harmful to minors. | | | A civil liberties organization brought an action against Attorney General Ashcroft alleging that the Child Online Protection Act (COPA) violated free speech guarantees. |
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http://law.duke.edu/publiclaw/supremecourtonline/certgrants/2003/ashvACL.html
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| | The Importance of...: First Thoughts on Ashcroft v. ACLU |
| | This is the third time that an internet censorship case has come before the Supreme Court (not counting the library filtering case) and there are still a number of very interesting aspects to be dealt with. | | | All text in this web log is licensed under a Creative Commons License. | | | See Professor Larry Solum for a good roundup of media and commentary (Legal Theory Blog: Ashcroft v. |
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http://www.corante.com/importance/archives/004676.html
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| | ACLU v. Reno II -- Challenge to Internet Censorship |
| | In February 1999, the federal district court in Philadelphia issued an injunction preventing the government from enforcing COPA. | | | EPIC joined with the ACLU and other plaintiffs in a lawsuit to strike down the law. | | | In 1997, the Supreme Court ruled 9-0 in Reno v. |
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http://www.epic.org/free_speech/copa
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| | FindLaw's Modern Pracice - Cyberlaw |
| | ACLU, the Supreme Court issued a 5-4 decision relating to minors and the Internet. | | | The idea - and it is one the Supreme Court has previously accepted, in cases such as Ginsberg v. | | | (Usually, Supreme Court decisions aren't qualified with a "likely" or a "probably." Marbury v. |
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http://practice.findlaw.com/cyberlaw-0804.html
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| | De Novo: Ashcroft v. ACLU |
| | The Court remanded for trial on the factual question whether filtering technology, for instance, would be a less restrictive alternative to the COPA. | | | With respect to minors, COPA rather closely tracks the obscenity framework of Miller v. |
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http://www.blogdenovo.org/archives/000371.html
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| | IPTAblog: Ashcroft v. ACLU link roundup |
| | ACLU: "The least restrictive means in this case are filters. | | | ACLU link roundup is part of the iptablog.org weblog. | | | Please use Trackback or email to discuss these older entries. |
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http://www.iptablog.org/2004/06/29/ashcroft_v_aclu_link_roundup.html
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| | LawMeme |
| | Many of the legal claims in this case were settled by a consent decree, but there are still important legal questions yet to be resolved. | | | This case follows in the wake of Lexmark Int'l v. | | | Static Control Components, 387 F.3d 522 (6th Cir. |
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http://research.yale.edu/lawmeme/modules.php?name=News&file=article&sid=1516
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| | People For the American Way - ACLU v. Ashcroft |
| | Department of Justice which led to a nearly unanimous Supreme Court decision striking down that law which criminalized the sending of so-called "indecent" communications over the Internet. | | | People For the American Way - ACLU v. | | | The first attempt was called the Communications Decency Act and People For the American Way Foundation joined as co-plaintiffs and co-counsel along with book publishers, librarians, and others in a lawsuit entitled American Library Association v. |
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http://www.pfaw.org/pfaw/general/default.aspx?oid=2972
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| | Ashcroft v. ACLU commentary |
| | The following is a commentary Max Hailperin wrote immediately following the Supreme Court's decision on 2004-06-29 in the case of Ashcroft v. | | | What would the impact have been, had the Court allowed COPA to go into effect? | | | The ACLU is probably right that some legitimate, non-pornographic messages would have been chilled, but that isn't the big problem. |
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http://www.gustavus.edu/+max/ashcroft-aclu-commentary.html
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| | Begging to Differ - June 2004 Archives |
| | Meanwhile, CNN reports here that "[t]he lead prosecutor in the nation's first trial based on post-September 11 terrorism investigations is the subject of two federal probes, one of them criminal, according to court documents." An investigation doesn't mean much. | | | continue reading "ASHCROFT V. UPDATE: An excerpt from the court's opinion: | | | UPDATE: Now I see that Will Baude has noted the difference in the ACLU case as well. |
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http://www.beggingtodiffer.com/archives/2004_06.html
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| | 10 (number) |
| | Nursultan Nazarbayev sworn in as president of Kazakhstan | | | A B C D E F G H I J K L M N O P Q R S T U V W X Y Z |
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http://www.brainyencyclopedia.com/encyclopedia/a/ac/index.html
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