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Recent Articles from Scott Forsyth
When does religious liberty override anti-discrimination laws?
Remember when Justice Ruth Ginsburg warned in her Hobby Lobby dissent that the majority’s ruling may lead to widespread employment discrimination cloaked in religion? Justice Samuel Alito, the author of the ruling, responded that the “decision today provides no such shield. The Government has a compelling interest in providing equal opportunity to participate in the […]
Scott Forsyth: Watchlists make bad policy
Politicians on both sides of the aisle have been touting the terrorist watchlist lately. In June both presidential candidates called for greater regulation of the sale of guns to persons on the watchlist. A South Carolina representative went further, proposing to deport all immigrants who are on the watchlist. Even Rudy Giuliani got into the […]
Scott Forsyth: Targeted killing practices still opaque
Maybe in all of the horrific news about the police shootings in Minneapolis, Baton Rouge, and North Miami you missed the release on July 1 of an executive order entitled “United States Policy on Pre- and Post-Strike Measures to Address Civilian Casualties in U.S. Operations Involving the Use of Force.” The title is a mouthful, […]
Scott Forsyth: Cuomo cannot penalize businesses that boycott Israel
“It’s very simple: If you boycott against Israel, New York will boycott you,” so announced Governor Cuomo earlier this month. Specifically, Cuomo was targeting the efforts of the Boycott, Divestment and Sanctions movement, or BDS. It aims to improve Israel’s treatment of Palestine by applying economic pressure on companies and individuals whose business activities do […]
Scott Forsyth: Leaking confidential information may be protected speech
Remember the revelation that General David Petreaus, then director of the CIA, was having an affair with his biographer? He had to resign. Worse, when the FBI searched the computer of his biographer, it found all sorts of “classified information regarding the identities of covert officers, war strategy, intelligence capabilities and mechanisms … and discussions […]
Scott Forsyth: Censoring material online violates free speech
Being banned in Boston used to be a mark of distinction. Not too long ago such creations as Fanny Hill and Wake Up Little Suzie could not be sold or played in Beantown. Then in the late ’60s the city loosened up. Now the mark of distinction may be getting banned in Baton Rouge. Last […]
Scott Forsyth: Architects of CIA torture may finally be held accountable
We now know that after 9/11 the CIA conducted a “rendition” program using “enhanced interrogation techniques.” In straight talk the CIA kidnaped persons believed to be terrorists, flew them to foreign prisons, and then tortured them to gain information about Al-Qaeda and other groups. Water boarding was the most infamous technique used. Other techniques included […]
Political sign ordinances continue to fail First Amendment
This column is dedicated to attorneys who represent municipalities and political activists. The former should know and the latter need to know the Supreme Court last June restricted greatly the ability of municipalities to regulate political and commercial signs. Reed v. Town of Gilbert, 576 U.S. __ (2015). The decision was 9-0 with Justice Thomas […]
Forsyth: Florida’s death penalty flawed
The death penalty is in the news again, at least for those who reside in Florida. On Jan. 12, 2016, the Supreme Court struck down the state’s death penalty statute on the grounds it violated the Sixth Amendment. Hurst v. Florida, 577 U.S. __ (2016). Last month the Florida legislature “fixed” the statute. True to […]
Commentary: How Thomson-Reuters is profiting from blacklists
Boko Haram and the Council on American-Islamic Relations (CAIR) are disparate groups. The former kidnaps, maims, and kills in an effort to foment a civil war in Central Africa. The latter works to bridge the divisions between Muslims and non-Muslims in America. Yet, both groups share a feature. They have been tagged terrorist organizations. The […]
Accidental shooting may violate the Fourth Amendment
Consider the following facts. The police obtain a warrant to search an apartment leased by an elderly black couple. The police are looking for a grandson and two associates, who are allegedly selling cocaine out of the apartment. The grandparents are not involved in the trafficking. Given the violent history of the suspects, the warrant […]
Religious belief not a basis for denying wedding services
Recognize the Alliance Defending Freedom? It is a conservative legal group that “advocates for your right to freely live out your faith.” It successfully represented Greece in the town’s appeal to open town board meetings with prayer. Town of Greece v. Galloway, 572 U.S. __ (2014). What you may not know about the ADF […]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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