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Legal news from Friday, September 14, 2012 |
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Russia Supreme Court: gay pride parades not 'propaganda'
Michael Haggerson on September 14, 2012 3:04 PM ET

[JURIST] The Supreme Court of Russia [official website, in Russian] upheld the Arkhangelsk region's ban on "gay propaganda" on Thursday, but ruled that gay pride parades and other demonstrations in support of gay rights are legal. According to the court, the ban applies only to direct appeals to minors to engage in homosexual activity [RIA Novosti report] and even then information about homosexuality can still be provided to minors as long as it is neutral in tone. The ban, which has been proposed to extend nationally, imposes a fine of USD $1,600 for "gay propaganda." Russian lesbian, gay, bisexual and transgender (LGBT) activist group Russian LGBT Network [advocacy website, in Russian] approved [press release, in Russian] of the ruling that merely having gay rights demonstrations was not illegal, but still disagrees with any assertion that homosexuality harms family values.
Russia has long struggled with the acceptance of homosexuality. In August LGBT activists brought suit over the Russian Justice Ministry's refusal to register Pride House [JURIST report] for the 2014 Sochi Winter Olympic Games. Also that month Russia's best-known gay rights activist Nikolay Alexeyev lost a court challenge [JURIST report] to Moscow's 100-year municipal ban on gay pride marches. He intends to appeal the decision to the European Court of Human Rights (ECHR), which has already ordered Russia to pay Alexeyev [JURIST report] an award of €12,000 for non-pecuniary damages plus €17,510 for costs and attorneys fees (USD $41,090 total) for rejecting his license application for a gay pride gathering. In March St. Petersburg announced that the city's governor had signed into law a bill that would impose fines against people convicted of promoting homosexuality, including gays or lesbians who are open about their sexuality. Individuals convicted under the law would be subject to fines between 3,000 and 5,000 rubles (US $100-160) [Moscow Times report], while organizations could be fined up to 50,000 rubles for "promoting" homosexuality. In December Senior Lecturer of Sociology at the University of Surrey Paul Johnson [university profile] wrote that the latest ban by Russian authorities on the promotion of homosexuality to minors is only the most recent violation of the ECHR ruling [JURIST comment] on the subject.


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Rights groups appeal to stop enforcement of Arizona immigration law
Rebecca DiLeonardo on September 14, 2012 11:49 AM ET

[JURIST] A coalition of rights groups in Arizona filed an emergency motion on Thursday asking a court to block a controversial provision of Arizona's immigration law [SB 1070, PDF] until an appeal can be heard on the issue. The contested provision requires law enforcement officials to check the immigration status of persons they stop or arrest if there is a reasonable suspicion that the person is in the US illegally. A judge for the US District Court for the District of Arizona [official website] last week declined to issue an injunction against the provision [JURIST report], in light of the US Supreme Court [official website] ruling in Arizona v. United States [opinion, PDF; JURIST report] which upheld the provision. Among the rights groups involved in the suit are the National Immigration Law Center (NILC), the American Civil Liberties Union (ACLU) and the Mexican American Legal Defense and Education Fund (MALDEF) [advocacy websites].
Immigration law [JURIST backgrounder] has became a hot button issue over the past few years as many states, Arizona being the first, have passed laws giving state and local officials more power to crack down on illegal immigration. In August the US Court of Appeals for the Eleventh Circuit [official website] struck down [JURIST report] several provisions of Alabama's controversial immigration law [HB 56, PDF], upheld a few sections of the law and rejected part of Georgia's immigration law [HB 87, text]. That same month, the US Court of Appeals for the Third Circuit [official website] again heard arguments [JURIST report] on two anti-illegal immigrant laws enacted in 2006 by the city of Hazleton, Pennsylvania, which deny permits to businesses that employ illegal immigrants and fine landlords who extend housing to them. In July a judge for the US District Court for the District of South Carolina [official website] declined to lift an injunction [JURIST report] against South Carolina's controversial immigration law [SB 20 materials], despite the recent Supreme Court ruling. The lawsuit against the South Carolina immigration law was put on hold [JURIST report] in January pending the outcome of Arizona v. United States. Last May the ACLU and the National Immigration Law Center filed a class action lawsuit challenging Utah's immigration law, the same month that the ACLU filed a class action [JURIST reports] in the US District Court for the Southern District of Indiana [official website] challenging that state's immigration law.


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DOJ appeals injunction of indefinite detention law
Dan Taglioli on September 14, 2012 10:55 AM ET

[JURIST] The US Department of Justice [official website] on Friday filed an appeal of this week's order by the US District Court for the Southern District of New York [official website] that permanently enjoined [opinion, PDF; JURIST report] a law allowing US authorities to detain indefinitely anyone suspected of having aided known terrorist organizations. Section 1021(b)(2) of the National Defense Authorization Act (NDAA) [text, PDF] affirms the authority of the president under the Authorization for Use of Military Force (AUMF) to detain indefinitely any "person who was a part of or substantially supported al Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces." The US Attorney's Office for the Southern District of New York [official website] filed for review of the ruling [Bloomberg report] of Judge Katherine Forrest, who struck down the law as vague and ambiguous in its terms and "unconstitutionally overbroad" in that it "purports to encompass protected First Amendment activities." Several civil rights groups have praised the court's decision and have circulated petitions [advocacy website] arguing that the government should not appeal the injunction.
Forrest issued an injunction against the law in May, and clarified in the following weeks that her injunction should be interpreted broadly [JURIST reports]. Lawyers for the government filed their appeal [JURIST report] with the US Court of Appeals for the Second Circuit [official website] in August. US President Barack Obama signed the NDAA into law [JURIST report] on December 31, 2011. Upon signing, he noted [statement], "I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a Nation." Both houses of Congress reached an agreement [JURIST report] on the language of the NDAA's most controversial sections in mid-December.


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Federal judge blocks congressional insider trading law
Dan Taglioli on September 14, 2012 10:33 AM ET

[JURIST] A judge for the US District Court for the District of Maryland [official website] on Thursday blocked [opinion, PDF] the enactment of the Stop Insider Trading on Congressional Knowledge Act (STOCK Act) [S 2038, PDF]. Judge Alexander Williams, Jr. granted the plaintiffs' motion for a temporary preliminary injunction against the STOCK Act, which was designed to stop insider trading by members of Congress and other high-level federal employees. The law requires the online publication through a searchable database of sensitive financial information including the disclosure of assets, income, liabilities and financial transactions, including securities transactions of a certain amount. The court noted that the STOCK Act "is not the first financial disclosure scheme applicable to executive branch officials" and the government has a genuine "interest in deterring corruption and conflicts of interests." Williams nevertheless ruled in favor of the federal employees' right to privacy:However compelling, these [government] interests are insufficient to vitiate Plaintiffs' showing of a likelihood of success on the merits. As elucidated earlier, the financial information the Act subjects to disclosure is quite sensitive. Furthermore, the data's publication portends substantial harm seeing that it stands to affect such a large swath of senior executives. The vehicle of disclosure, cyberspace, exacerbates these risks because it optimizes the accessibility and transferability of the information. Finally, the Act applies to many military, law enforcement, and diplomatic positions ... these positions may be acutely vulnerable to the misuse of such financial information. At this stage in the litigation, these interests outweigh the United States' compelling interest in combating conflicts of interest and corruption. Williams based his decision solely on the plaintiffs' claim of a violation of their constitutional rights to privacy. However the federal employees also asserted claims for declaratory relief, violation of the Administrative Procedure Act [materials] and violation of due process, for which Williams noted the plaintiffs had made substantive arguments.
The STOCK Act was slated to take effect this month absent a judicial injunction. The challenge to the act was filed last month [JURIST report] on behalf of the senior federal executives and various professional organizations by the American Civil Liberties Union of the Nation's Capitol (ACLU) [advocacy website]. The complaint notes that the financial information at issue is "precisely the information that foreign intelligence services and other adversaries spend billions of dollars every years to uncover" and that the "complete personal financial information of all senior officials on the Internet would be a jackpot for enemies of the United States intent on finding security vulnerabilities they can exploit." President Barack Obama [official website] signed the STOCK Act into law in April [JURIST report], stating that the law ensures that the powerful are playing by the same rules as everyone else. The president further applauded the act as an essential step in subduing the power of money in politics. The legislation was originally introduced by Congresswoman Louise Slaughter [official website] in 2006.


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