Items tagged with Supreme Court

A dispute involving scratched Xbox 360 discs that stems back nearly will be heard by the Supreme Court of the United States, which will decide if there's enough cause for Microsoft to face class-action lawsuit. While that sounds like an easy task, lower courts have disagreed on the matter, hence how it was able to reach the Supreme Court.At issue is a lawsuit alleging that Xbox 360 consoles had a tendency to scratch optical discs and that Microsoft knew it was a problem. The lawsuit essentially blames the symptom on a design flaw, one in which there was little to no protection in place to prevent... Read more...
Today, the Supreme Court issued a landmark decision on data privacy, holding 9-0 that neither police officers nor federal law enforcement have a unilateral right to search cell phones without first procuring a warrant. Prior to today, the government had previously argued that the police could search a cell phone under previous court rulings that extended such rights in limited cases, including incidents where the officers on the scene had reason to believe evidence could be destroyed or that the evidence was on the individual (or within arms' reach). What the Court recognized today is that a cell... Read more...
In what amounts to a victory for bloggers, the 9th U.S. Circuit Court of Appeals in San Francisco ruled that Crystal Cox, a blogger, is protected by the same free speech rights as a traditional journalist and therefore can't be held liable for defamation unless it's proven that she acted negligently. The ruling came after Cox lost a defamation trial in 2011 over a blog post accusing a bankruptcy trustee and Obsidian Finance Group of tax fraud. At the time, the lower court ruled that Obsidian didn't need to prove that Cox acted negligently since Cox did not submit evidence proving her status as... Read more...
The right to free speech as defined in the First Amendment is not an absolute, but the US Supreme Court has historically exercised great caution when limiting its scope. Yesterday, the USSC rejected a California law that restricted the sale/rental of violent video games to minors. Prior to now, multiple states have passed similar laws, all of which have been struck down by various judicial courts. The USSC rejected the California law for multiple reasons. In the US, most of the restrictions to free speech are procedural. These are collectively referred to as the "time, place, and manner" restrictions.... Read more...
You've heard all the arguments before: violent video games are corroding our youth, Grand Theft Auto makes kids want to beat up pedestrians, Doom and other first person shooters corrupt young minds into going on shooting sprees, and so forth and so on. The Supreme Court will hear these same arguments and decide whether a California ban on the sale of violent games to minors is unconstitutional. Why now? You can thank California's governator, otherwise known as Mr. Universe, Conan the Barbarian, and The Terminator, to name just a few of Arnold Schwarzenegger's more popular alter-egos. At heart of... Read more...
In 2004, Jeremy Jaynes was the first person to receive a felony conviction in Virginia for sending Spam.  He got nine years in jail. His case has made its way through the state court system, losing all the way; and now in a closely divided decision, The Virginia Supreme Court has ruled that the only Spam Jaynes will be allowed to enjoy is in the prison cafeteria. Virginia's law prohibits sending unsolicited bulk e-mail by fraudulent means, such as changing the header or routing information to prevent recipients from contacting or determining the identity of the sender.The decision against... Read more...