Supreme Court hears arguments on false political statements, TV copyright News
Supreme Court hears arguments on false political statements, TV copyright

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] in two cases Tuesday. In Susan B. Anthony List v. Driehaus [transcript, PDF] the court heard arguments on whether an Ohio law that imposes penalties for making knowingly false statements about political candidates violates the right to free speech. The Ohio law makes it a criminal offense to make knowingly or recklessly false statements about a candidate, with a maximum penalty of a $5,000 fine and six months in prison. Despite never facing actual penalties, two conservative groups, the Susan B. Anthony List and Coalition Opposed to Additional Spending and Taxes [advocacy websites], argue that the possibility that the Ohio statute would be enforced against them deterred them from issuing statements during the 2010 election campaign criticizing a Congressman Steven Driehaus for supporting the health care law. Lawyers for the state of Ohio say that the groups could not show that the law threatened their First Amendment right to free speech or that they were likely to be prosecuted. A federal judge in Ohio dismissed the groups’ challenge in 2011, and in May 2013 the US Court of Appeals for the Sixth Circuit [official website] upheld that decision. The court will determine whether the two groups had grounds to challenge the law.

In American Broadcasting Co. v. Aereo, Inc. [transcript, PDF] the court heard arguments on the Aereo [corporate website] online service that streams and records publicly broadcast television programming without paying the broadcasters. Aereo charges users a monthly fee to view broadcast TV channels on the users’ computers or mobile devices. The plaintiffs, including the networks ABC, 20th Century Fox, CBS and NBCUniversal [corporate websites], filed the petition for certiorari [text, PDF] after the US Court of Appeals for the Second Circuit [official website] denied their requested injunction [opinion] to shut down Aereo until the case is heard. The broadcasters claim that Aereo’s service violates their copyrights on the broadcast materials and will affect their ability to generate subscription and advertising revenue.

THIS DAY @ LAW

US Supreme Court ruled Indians not US citizens

On November 3, 1884, the US Supreme Court ruled in Elk v. Wilkins that John Elk, an American Indian who had tried to vote in a federal election in Omaha, Nebraska, was not a US citizen entitled to the protection of the 14th and 15th Amendments of the US Constitution. Native Americans became eligible for citizenship in 1887 under the Dawes Act, but only in 1924, under the Indian Citizenship Act, were all Native Americans born in the US made citizens.

Last public execution at Tyburn Gallows in London

On November 3, 1783, the last public execution took place at Tyburn Gallows in London, when John Austin was hanged for highway robbery. From the hanging of William Fitz Osburn in 1196 until Austin's execution, Tyburn served as London's primary location for public executions.

Learn more about the trial of John Austin.