Law Links ~ SCOTUS: Filming the Cops, Gay Marriage, Facebook Copyright, Jindal and School Vouchers

I'm starting a new weekly feature called "Law Links" to alert readers to legal actions here and around the world. This has always been an interest of mine, and even more-so now that my daughter is a new attorney who just passed the Bar Exam and is in court every day.

SCOTUSBlog Gears Up for Supreme Court Rulings Next Week

Editor's Note: On Tuesday, December 4, we expect one or more opinions at 10 a.m. We will be live blogging.
On Friday, the Court has granted two new cases, Mutual Pharmaceutical Co. v. Bartlett (12-142) and Association for Molecular Pathology v. Myriad Genetics, Inc. (12-398 ). The Court did not act on the same-sex marriage cases. Additional orders are expected Monday at 9:30.

Bloomberg: A Free Market Fix for the Copyright Racket

Even as digital technology has made reproducing, remixing and repurposing creative works easier -- with potentially enormous benefits for consumers and producers of new works -- the monopoly privileges of copyright have expanded. The result is a bizarre combination of rampant copyright violations, frequent encroachment on legitimate fair use, suppression of new technologies and business models, and the ever-present threat of draconian penalties.

Ars Technica: Supreme Court Backs 7th Circuit Over Filming Police

The United States Supreme Court rejected a request from a Chicago-area prosecutor to review a recent ruling that the First Amendment protects a right to record the actions of police officers as they perform their public duties.
. . . The Supreme Court's decision to let the Seventh Circuit's ruling stand is a victory for the American Civil Liberties Union of Illinois, which spearheaded the case. The ACLU's chapter in Massachusetts also had success vindicating a First Amendment right to record the actions of public officials. The First Circuit Court of Appeals ruled police violated the rights of a Boston man when they arrested him for using his cell phone to record the arrest of a suspect. In March, the city agreed to pay $170,000 to settle his civil rights lawsuit.

Louisiana Judge Rules Against Bobby Jindal's School Voucher Program

The Associated Press said that (Judge) Kelley’s 39-page ruling concluded that the voucher program violates provisions in the state constitution regarding the Minimum Foundation Program, or MFP, which determines how public schools are funded. “The MFP … was never meant to be diverted to private educational providers,” Kelley’s ruling said.
What Jindal’s team has been doing is implementing a voucher program, potentially the country’s largest, as a result of a new law that in part allows the state to offer vouchers to more than half of its students, or some 450,000 students. About 10,000 have applied, with most of the slots given to Christian schools, some of which didn’t really have the resources to handle the influx. They also use curriculum that promotes Young Earth Creationism, the belief that Earth is no older than 10,000 years old — and that human beings lived alongside dinosaurs — despite definitive scientific consensus that it is billions of years old.

Wired: Magical Copyright Hoax Debunked by Facebook

A silly copyright notice is sweeping Facebook . . . with users attaching pseudo-legalese to their status updates in a misguided effort to prevent Facebook from owning or commercially exploiting their content. The notice incorrectly implies that Facebook has recently changed the copyright provisions of its user agreement. It then unnecessarily asserts a user’s copyright over his Facebook posts (you retain such copyright without posting a notice) and cites the “Berner Convention,” an irrelevant international treaty properly spelled “Berne Convention.” The notice then instructs Facebook to get written permission to make commercial use of the user’s content, which is pointless as Facebook users agree to let the social network make money off their posts when they sign up for the service.
Popular hoax-debunking site Snopes addressed this copyright notice in the spring and updated their refutation today. Also, Facebook has taken the further step of putting out a statement of its own:

There is a rumor circulating that Facebook is making a change related to ownership of users’ information or the content they post to the site. This is false. Anyone who uses Facebook owns and controls the content and information they post, as stated in our terms. They control how that content and information is shared. That is our policy, and it always has been.

Campaign 2012 ~ Defining Hometown

Downtown Janesville, Wisconsin
For years Republicans have enjoyed pointing out that if Al Gore had won his home state of Tennessee in the presidential election, he wouldn't have needed Florida, and the vote wouldn't have been decided by the Supreme Court in favor of George W. Bush.

Let's ignore the fact that Gore was much more a citizen of Washington D.C. than Nashville, plus the fact the he knew he seemed further to the left than Bill Clinton on most issues so Tennesseans wouldn't vote for him. He never had an illusions of sweeping all areas of the country, and some would say that Gore actually won Florida, but moving on . . .

This year, Obama won not only his birth-state of Hawaii, but his adopted home state of Illinois. Hawaii matters because of the crazy birthers who seem to forget that Hawaii IS a state of the union, but also because it is a diverse state reflecting the demographic changes that are coming for the rest of the country.

Romney lost Michigan, his birthplace, where he bragged no one needed to ask for his birth certificate. He can blame it on his previous statement that "Detroit should go bankrupt," but the fact remains that he made multiple trips to Michigan and named-dropped his father George, who was once Governor of Michigan, yet it did him absolutely no good.

Romney lost Massachusetts where he was governor once back in his "moderate left-leaning" days. Once Romney swung far to the left and began rubbing elbows with Donald Trump and quoting Rush Limbaugh, he was never going to win the Bay State.

Romney lost New Hampshire where he has the "lake house" even though he campaigned hard there and never took it out of his equation to get to 270 electoral votes.

Romney lost California where the cars in his special elevator garage live. But obviously - he was never going to win there in Blue Land.

He did win Utah, where he graduated summa cum laude from Brigham Young University and "saved the Olympics" as they say. But seriously - any Republican on the ticket was going to win Utah, a solidly red state full of Mormons. Did I mention Romney is a Mormon? So yeah, he won Utah.

But his running mate Paul Ryan had even more trouble connecting with the hometown crowd, if that's possible.

Part of Ryan's stump speech for months - and really for all of his career - was "I'm from the small-town of Janesville, Wisconsin, where my family has lived for decades," or something of that nature. He said it in every interview, in every town-hall meeting, in every speech. His wife and kids live in Janesville instead of Washington and I suspect part of that is so his children can grow up there and use it in their own campaign speeches someday.

But on election night, Janesville said "thanks but no thanks" to Paul Ryan. He not only didn't win the town of Janesville, he didn't win the district, or the state of Wisconsin.

Yet in post-election interviews Ryan is blaming the "urban" voters for his loss, which is ridiculous. Janesville isn't "urban" and I assume most of the town is as white as Paul Ryan. He can't accept that he is out of step with his own hometown.

The L.A. Times Story

. . . the Romney-Ryan ticket didn’t exactly connect with the voters back in Janesville, either.

A struggling blue-collar manufacturing town of 63,575, Janesville lies on the eastern edge of Rock County, Wis., and unofficial election tabulations from the county clerk there show that only 37% of Ryan’s hometown neighbors voted for him and his running mate. Meanwhile, Obama and Vice President Joe Biden got 62% of the Janesville vote.

The results were even slightly worse for Ryan from his own polling place at the Hedberg Public Library. Out of 1,428 votes cast there, 65% went for Obama-Biden and just 34% for Romney-Ryan.

. . . in Janesville proper, Ryan fared only a little better in his congressional run than he did in the vice presidential one. Zerban grabbed 54% of the Janesville vote to 44% for Ryan. And at the Hedberg library polling spot, Ryan was the choice of just 41% of voters to 58% for Zerban.

Ryan explained it this way, admitting he lost Janesville due to being too far right, but coming back to this "urban" thesis to explain it away (I guess he is talking about Milwawkee?. Whatever - the truth hurts.

Huffington Post

"Well, as you know, Janesville is a very Democratic town, but I'm a Republican," Ryan said in an interview with Janesville radio station WCLO. "But I've always done very well here, because more people saw me not as a Republican but just as a Janesville guy."

"When you join a national ticket for a party, you become more seen as a Republican guy than necessarily a Janesville guy," he continued. "So I think my image, or the thought people had in their minds of me once I joined the Republican ticket, was more 'Paul Ryan, Republican,' than 'Paul Ryan, Janesville guy.'"

At 11.5 points, Ryan's congressional victory margin in the state was the smallest of his eight House campaigns.

During the interview, Ryan also admitted that President Barack Obama's reelection team ran a better campaign than the Romney/Ryan folks, chalking the Democrats' win up to their ability to mobilize the "urban" vote.

"What the president and his campaign excelled at doing is mobilizing turnout in their critical base areas, and they expanded the turnout above the norms," he said. "They had record turnout in urban areas and all of our polling did not project that kind of turnout, and that's why we thought we had a very good chance at winning this race going into election day."

The Bainport Sensata Tragedy in Illinois

pic via bainport.com
This tragedy in Illinois has been going on since back in the spring, actually, because the announcement was made then that a car parts plant in Freeport, Illinois, was going under, thanks to Bain Capital. When stories of Romney's connection to Bain came out during the Republican Primaries, many wondered if Mitt Romney would visit the workers at the Sensata car sensor plant. But of course he brushed them off and now is ignoring their continuing protests.

I'm sure he would say that they need to "pull themselves up by the bootstraps" or some kind of nonsensical old-fashioned phrase. I'm sure he thinks it is easy to watch your small town fall apart when a large business closes down. I think people like Romney forget that even the loss of a few jobs has a ripple effect as restaurants and stores close down, and schools suffer lack of tax funding (which is important, Mr. Romney, whether you care or not).

Many people might say that lots of folks in this economy have lost their jobs, what is so special about the people in Freeport? Well, not only are they victims of Bain, but they have the outrageous task of training their Chinese counterparts as Bain outsources their jobs to Asia, leaving them on unemployment. This sorry situation is what Romney wants to do to the whole economy in a nutshell - let venture capitalists sell it off piece by piece to the highest bidder, stash the money offshore in tax havens, and damn the consequences for the 47% or the 99%.

So tomorrow night in the debate when Romney points at Obama and talks about our debt held by China, I hope the President won't forget the workers in "Bainport."

From The Ed Show tonight on MSNBC:

Ed Schultz: So where does this leave all of these families? What's going to happen to Freeport, Illinois?

Worker Mary Jo Kerr: It's going to become a ghost town. That's one major company in Freeport. We really only have a few big companies and that's Honeywell, Sensata, and Titan Tires. And once Sensata goes down, it's going to be hard for anybody to find a job because there's nothing around there.

Ed: Normally when a company's not doing very well, the employees know it. Was it record profits for Sensata? Was it good, and that makes it hard to understand why this is happening?

Mary Jo Kerr: Yeah, we don't understand why this is happening. From my understanding, they liked Freeport. They liked the location. But it was 'we need more money.'

From the Freeport Rock River Times

FREEPORT, Ill. — U.S. Sen. Dick Durbin, D-Ill., will visit “Bainport” in Freeport, Ill., at 9:45 a.m., Tuesday, Oct. 16.

Bainport is an encampment set up at Stephenson County Fairgrounds, 2250 S. Walnut Road, Freeport, by workers facing outsourcing at the Bain Capital-owned Sensata Technologies plant. Created in 2006, Sensata develops, manufactures, and sells sensors and controls for major auto manufacturers such as Ford and General Motors.

Workers at the plant have been training their Chinese replacements, who have been flown to Illinois by the company. The final layoffs are expected to be made in November. The plant employs 170.

Workers began to camp outside the plant to protest Bain’s decision to ship their jobs to China and increase the pressure on Republican presidential candidate and former Bain co-founder/CEO Mitt Romney — who still profits directly from Sensata — to help save their jobs. The workers plan to stay at the encampment until Romney agrees to help save their jobs, or, as stated in a release from the group, “until middle-class voters nationwide understand the dangers of a Romney economy for our country.”

From the Freeport Journal-Standard

Also visiting Freeport this week will be activist Reverend Al Sharpton. He is scheduled to appear at the Sensata camp on Saturday at 4 p.m. to speak to the employees. The appearances this week follow an active summer of rallies that saw the arrival of Illinois Governor Pat Quinn and former NAACP Chairman Julian Bond to Freeport.

The Sensata workers have also been involved in other acts of protest that include appearing at the Republican National Convention, a march at a fundraising event for Rep. Bobby Schilling that was attended by House Speaker John Boehner, and the attempted submission of petitions to both their employer and Romney, among other things.

Last weekend, 15 French workers from Samsonite, who lost their jobs to Bain Capital outsourcing in 2007, visited “Bainport” to show their support to the picketing workers. Sensata develops, manufactures, and sells sensors and controls for auto manufacturers. The closure of the plant will cost Freeport 170 jobs.

Joe Walsh Goes Too Far Again

As I wrote earlier, loud-mouth lout Joe Walsh of Illinois insulted his opponent, Tammy Duckworth, a paraplegic veteran, by saying she was "not a hero."

And he still thinks he can deflect this back on her by being defensive and rude on TV, as he was with Ashleigh Banfield in the video below. I really, really hope this guy loses big. Please, Illinois voters - vote the bum out!