Courts

Federal Court Rules Suspicionless Searches Of Travelers’ Phones And Laptops Unconstitutional

November 15, 2019 Staff, Eff.org Resist! Borders, Courts, Surveillance

BOSTON—In a major victory for privacy rights at the border, a federal court in Boston ruled today that suspicionless searches of travelers’ electronic devices by federal agents at airports and other U.S. ports of entry are unconstitutional. The ruling came in a lawsuit, Alasaad v. McAleenan, filed by the American Civil Liberties Union (ACLU), Electronic Frontier Foundation (EFF), and ACLU of Massachusetts, on behalf of 11 travelers whose smartphones and laptops were searched without individualized suspicion at U.S. ports of entry.

UK High Court: Ban On Extinction Rebellion Protests Illegal

November 7, 2019 Zoe Blackler, Rebellion.earth Resist! Courts, Extinction Rebellion, Protests, Reform, Repression, United Kingdom (UK)

The High Court today ruled that the Metropolitan Police’s blanket ban on Extinction Rebellion protest during the October Rebellion was unlawful, in a landmark judgment that reasserts the fundamental right to peaceful protest. The ruling follows a judicial review – brought on behalf of Extinction Rebellion by Baroness Jenny Jones, Caroline Lucas, Clive Lewis, David Drew, Ellie Chowns MEP, Adam Allnut and George Monbiot – into the legality of the Met’s attempt to shut down all Extinction Rebellion protests during most of the second week of the Autumn Rebellion.

Rex Tillerson Testifies At Climate Fraud Trial Against ExxonMobil

November 2, 2019 Nicholas Kusnetz, Insideclimatenews.org Educate! Climate Change, Corruption, Courts, ExxonMobil

Former ExxonMobil chief executive Rex Tillerson took the witness stand Wednesday in the company's climate fraud trial and gave the clearest defense yet for his former employer. Tillerson denied that the oil giant misled investors about the risks it faced from future climate change regulations and described a detailed system he had implemented for managing those risks. But he also repeatedly said he was unable to recall key details and events that are central to the case, omissions that a lawyer for New York's attorney general's office returned to again and again.

DC Court Of Appeals Requires Environmental Review For Implementation Of 5G

October 30, 2019 Staff, Ehtrust.org Resist! Courts, FCC, Regulation, Telecommunications

A federal appeals court has vacated and remanded the “arbitrary and capricious” Federal Communications Commission’s decision to allow AT&T Inc., Verizon, and other wireless carriers, cell phone facilities owners and operators to bypass historic preservation and environmental reviews for 5G networks. On August 9, the U.S. Court of Appeals for the District of Columbia Circuit unanimously denied the FCC order that would have exempted 800,000 or more small cell construction (cell antenna facilities) from historic-preservation review under the National Historic Preservation Act (NHPA)...

Assange In Court

October 24, 2019 Staff, Craigmurray.org.uk Educate! Courts, Julian Assange, Repression, Whistleblowers

UPDATE I have received scores of requests to republish and/or translate this article. It is absolutely free to use and reproduce and I should be delighted if everybody does; the world should know what is being done to Julian. So far, over 200,000 people have read it on this blogsite alone and it has already been reproduced on myriad other sites, some with much bigger readerships than my own. I have seen translations into German, Spanish and French and at least extracts in Catalan and Turkish. I only ask that you reproduce it complete or, if edits are made, plainly indicate them. Many thanks.

Courts Question Pipeline Builders’ Use Of Eminent Domain To Take Land

October 4, 2019 Phil McKenna, Insideclimatenews.org Resist! Courts, eminent domain, Pipelines

A recent federal court ruling could give states more authority to oppose natural gas pipeline projects by limiting the controversial use of eminent domain—the mandatory sale of private or state-owned land for public use. That ruling and two others involving eminent domain come amid growing opposition to pipeline projects, whose benefits to the public and risks to the environment and climate are increasingly being questioned. As the Trump administration tries to clear the way for more fossil fuel pipeline construction...

Federal Court Blocks South Dakota Laws Suppressing Pipeline Protests

September 20, 2019 Staff, Aclu.org Resist! Courts, Pipelines, Protests, Reform, South Dakota

SIOUX FALLS, S.D. — A federal court today blocked enforcement of the unconstitutional provisions of several South Dakota laws, including the recently-enacted “Riot Boosting” Act, that threaten activists who encourage or organize protests, particularly protests of the Keystone XL pipeline, with fines, civil liabilities, and/or criminal penalties of up to 25 years in prison. In granting plaintiff’s motion for a preliminary injunction, U.S. District Judge Lawrence L. Piersol wrote: “Imagine that if these riot boosting statutes were applied to the protests that took place in Birmingham, Alabama, what might be the result?

Climate Emitters Face Increasing Legal Risks

September 19, 2019 Nikki Mandow, Newsroom.co.nz Resist! Climate Change, Courts

When, two weeks ago, a New Zealand environmental activist started court action against our top carbon emitters, Kiwi companies became just the latest to find themselves under fire for not doing enough to stop climate change. Mike Smith, chair of the Climate Change Iwi Leaders Group, hopes to force Fonterra, Genesis Energy, NZ Steel, NZ Refining, Z Energy, Dairy Holdings and BT Mining to reduce their total net greenhouse gases by 50 percent by 2030. Then he wants them to get them to zero by 2050.

Appeals Court Tells FBI To Destroy Memo On Anti-War Website

September 17, 2019 Staff, Apnews.com Resist! Anti-War, Courts, FBI

SAN FRANCISCO (AP) — The FBI must destroy 15-year-old records of its investigation into the two co-founders of a San Francisco online anti-war website and the site’s activities, a federal appeals court ruled. The FBI started looking into antiwar.com and its editors in 2004 after the website posted two “watch lists” of people the FBI was investigating after the Sept. 11, 2001, terrorist attacks, according to a memo co-founders Eric Garris and Justin Raimondo obtained through a Freedom of Information Act request, the San Francisco Chronicle reported Friday.

Washington Court Upholds Climate Necessity Defense

September 12, 2019 By Katherine Gorell, Cldc.org Resist! Climate Change, Courts, Washington

Today climate activists in the U.S. celebrate a crucial victory. Yesterday the Washington Supreme Court denied the State’s petition for review in environmental activist Ken Ward’s case and set a Washington State precedent recognizing the necessity defense for direct action for the sake of preventing catastrophic climate change. “This victory upholds the right of a defendant to assert the necessity defense to the charges brought by the State and also strengthens the essential role that a jury of community members will play in determining whether the accused should be found guilty or not,” said Lauren Regan...

North Carolina Court Strikes Down State Legislative Map As Unconstitutional Gerrymander

September 4, 2019 Joseph Ax, Reuters.com Resist! Courts, Electoral Politics, North Carolina, Reform

(Reuters) - A North Carolina court on Tuesday struck down the Republican-drawn state legislative map as an illegal partisan gerrymander and gave lawmakers two weeks to enact new district lines for next year’s elections. A three-judge panel in Wake County Superior Court said the state Senate and state House district lines discriminated against Democratic voters in violation of the state constitution’s free elections, equal protection and free speech clauses. The decision is a victory for election reform advocates considering legal challenges to partisan gerrymandering in state courts despite a U.S. Supreme Court ruling earlier this year blocking such cases in federal courts.

Advocates Will Mobilize To #ReclaimTheCourt On Kavanaugh’s Confirmation Anniversary

September 2, 2019 Ally Boguhn, Rewire.news Resist! Courts, Sexism, Women's March

Exactly one year after Brett Kavanaugh was sworn in on the U.S. Supreme Court, the Women’s March, Demand Justice, and the Center for Popular Democracy Action plan to mobilize women, survivors, and their members to hold the nation’s highest court accountable amid a slew of attacks on reproductive health and rights. The action, to be held on October 6 in Washington, D.C., will seek to put pressure on congressional lawmakers as the Court’s landmark abortion rights case, Roe v. Wade, is in jeopardy.

$10 Million Defamation Lawsuit Filed Against Rockwool, Allies

August 29, 2019 Anne Meador, Dcmediagroup.us Resist! Courts, Lawsuit, pollution, West Virginia

A civil complaint was filed yesterday in Circuit Court in Jefferson County, W.Va., alleging that Rockwool Group, one of its employees and former members of the local development authority slandered a local resident. The lawsuit seeks $10 million in compensatory and $2.5 million in punitive damages. The attorney of plaintiff David Levine, a tech entrepreneur living in Shepherdstown, argues that Levine suffered harm to his reputation and business as a result of personal attacks on him, which began a year ago when he expressed opposition to the Rockwool mineral wool factory.

Western Coal Takes Another Hit as Appeals Court Rules Against Export Terminal

August 24, 2019 Phil McKenna, Insideclimatenews.org Resist! Coal, Courts, Export Terminals

A Washington state appeals court has ruled against a company that wants to build the largest coal export terminal in the country on the Columbia River. The decision could be a fatal blow for a controversial project that could have increased global greenhouse gas emissions. Western states with coal mining operations have been pushing for an export terminal that would allow them to send their coal by rail to the coast and then ship it to China. A coal terminal was proposed on the banks of the Columbia River in Longview, Washington, but the state opposed it on several grounds.

‘This Illegal And Dangerous Pipeline Must Be Shut Down’: Standing Rock Sioux Renew The Fight Against The DAPL

August 22, 2019 By Ruth Milka, Nationofchange.org Resist! Courts, DAPL, Pipelines, Standing Rock

The media may have forgotten the ferocious battle the Standing Rock water protectors fought against the Dakota Access Pipeline but that doesn’t mean that the fight is over. The Standing Rock Sioux tribe is continuing their battle against the Dakota Access Pipeline – a battle which has been raging since 2016 when the U.S. Army Corps of Engineers deemed that the pipeline route would not affect any historic properties without cooperating with Standing Rock tribal leaders.

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