Supreme Court takes securities, child pornography cases

[JURIST] The US Supreme Court [official website; JURIST news archive] granted certiorari Monday in two cases [order list, PDF]. US v. Williams (06-694) [docket; cert. petition, PDF], on appeal from the US Court of Appeals for the Eleventh Circuit [official website], considers whether part of the federal anti-child abuse PROTECT Act of 2003 [PDF text] is unconstitutional for criminalizing speech protected by the First Amendment. The Eleventh Circuit held [opinion, PDF] that "non-commercial, non-inciteful promotion of illegal child pornography, even if repugnant, is protected speech under the First Amendment." AP has more.

In Stoneridge Investment v. Scientific Atlanta (06-43) [docket], the Court will determine when a "secondary" actor in securities fraud can be treated as a "primary" actor in terms of shared liability for the actions. The US Court of Appeals for the Eighth Circuit [official website] had dismissed [opinion, PDF] claims for liability because the defendants had been found to be aiders and abettors to securities fraud, not primary violators. AP has more.

 

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.