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Creating Content Isn’t A Crime

Creating Content Isn’t A Crime. Today, the U.S. Court of Appeals for the Tenth Circuit overturned David Lesh’s criminal conviction. Lesh, a client of the New Civil Liberties Alliance (NCLA), faced accusations of violating a U.S. Forest Service (USFS) regulation. The court found the USFS regulation banning unauthorized “work activity or service” on USFS lands…
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End of SEC gag rule sought in circuit court appeal

Citing a countless number of people who have been harmed by a federal gag order in what an appeals petition calls a reign of error, the New Civil Liberties Alliance, representing the Cape Gazette and 10 others, is asking a circuit court to put an end to the decades-old silencing tactic. In its U.S. Court…
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Appeals court finds funding collection system for broadband subsidy programs unconstitutional

The way fees are collected from telecommunications companies for the Universal Service Fund, which defrays the cost of phone and internet access in rural areas, is unconstitutional, a federal appeals court has ruled…
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CAFC Committee Recommends Another Year of Sanctions Against Newman

The Special Committee of the U.S. Court of Appeals for the Federal Circuit (CAFC) that has been investigating Judge Pauline Newman’s alleged misconduct for the past year today renewed its recommendation to sanction Newman in the form of a suspension from hearing cases at the panel or en banc level for an additional year. The Committee consists…
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2 federal judges nudge SCOTUS to reconsider jury trial limitation as 10th Circuit overturns conviction for Instagram post

Two members of the Denver-based federal appeals court took the unusual step on Tuesday of encouraging the U.S. Supreme Court to revisit its century-old precedent finding the constitutional right to a jury trial in “all criminal prosecutions” does not apply to petty offenses. At the same time, the panel of three judges for the U.S.…
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