On February 16 at 9:30AM, Herb Titus is scheduled for oral argument on behalf of Michael New before Circuit Judges Randolph and Garland and Senior Judge Williams, urging the appellate panel to reverse U.S. District Judge Friedman’s order dismissing Mr. New’s claim that he was unconstitutionally convicted of disobedience of a lawful order. Central to Mr. New’s constitutional claims
Former Firm Attorney Becomes Federal Magistrate Judge
Former firm attorney, Honorable James E. Gates, has been appointed to serve as a federal magistrate judge for the U.S. District Court for the Eastern District of North Carolina. Appointed for an eight-year term, Judge Gates will handle a wide range of civil and criminal matters, including misdemeanor trials, preliminary hearings and pretrial criminal motions.
Judge Gates had previously worked for
Business Mailers Review Reports on Haldi-Olson Paper on Unbundling the Postal Service
Business Mailers Review reported on the Haldi-Olson paper “Enhancing Competition By Unbundling the Postal Administration” in an article entitled “Unbundling Offered as Way to Modernize Mail.” Business Mailers Review subscription information can be found athttp://www.businessmailersreview.com.
Birthright Citizenship Study Re-Released: “Children Born in the United States to Aliens Should Not, by Constitutional Right, Be U.S. Citizens”
A legal analysis of Birthright Citizenship, written by Bill Olson, Herb Titus and Alan Woll, was re-released by U.S. Border Control today. The paper, “Children Born in the United States to Aliens Should Not, by Constitutional Right, Be U.S. Citizens” was originally published in January 2001,and then updated in March 2003. The House of Representatives is expected to be considering legislation
Michael New Reply Brief
On November 23, 2005, Michael New’s legal team filed a hard-hitting reply brief to the United States government’s continuing attempt to avoid New’s claim that his 1996 court-martial conviction for disobedience of a “lawful” order was unconstitutional. For over 10 years now, the government has sought to dismiss New’s claim that a 1995 order to wear a U.N. uniform
Citizens United, Citizens United Foundation, Amicus Brief in Wisconsin Right to Life Case
Today we filed an Amicus Brief for Citizens United and Citizens United Foundation in the U.S. Supreme Court case of Wisconsin Right to Life v. FEC. The brief asks the Supreme Court to overturn a decision of a Special Three Judge District Court in the District of Columbia. The brief argues that the lower court misread the Supreme Court’s decision in McConnell v. FEC resolving a “facial”
FSDEF Amicus Brief in United Seniors Association v. Social Security Administration
We filed an Amicus Brief for the Free Speech Defense and Education Fund in support of United Seniors Association’s petition for rehearing of the decision to fine them over $500,000 for using the words “Social Security” on carrier envelopes. The FSDEF brief submits that the panel misapplied the deferential agency review standard of Chevron and failed to apply the relevant
FSC Comments on FEC Electioneering Communications
The Free Speech Coalition (“FSC”) and Free Speech Defense and Education Fund (“FSDEF”) filed these Comments with the Federal Election Commission (“FEC”) on Friday, September 30, 2005, in connection with the FEC’s consideration of regulations with respect to the definition of “electioneering communication.”
Executive Order Study Referenced
The Cato Institute study co-authored by Bill Olson, “Executive Orders and National Emergencies: How Presidents Have Come to ‘Run the Country’ by Usurping Legislative Power,” was referenced in a presentation celebrating Constitution Day at Truman State University.
Michael New Initial Brief
We filed, on behalf of Michael New, an Initial Brief in the United States Court of Appeals for the District of Columbia Circuit. This brief presents for decision whether the district court improperly dismissed — for failure to state a claim upon which relief can be granted — each of the four counts of New’s Second Amended Complaint, collaterally attacking his January 25, 1996 court-martial
Herb Titus Quoted in USA Today
Herb Titus was quoted in USA Today in an article as to how the U.S. Supreme Court decisions in the McCreary and Van Orden cases could affect other displays of the Ten Commandments around the country.
FSC Comments to the Federal Election Commission on Internet Communication Regulations
On behalf of the Free Speech Coalition, we submitted comments to the Federal Election Commission regarding the proposed regulations on Internet communications.
Enhancing Competition By Unbundling the Postal Administration
Bill Olson co-authored a paper with postal economist Dr. John Haldi (of Haldi Associates, Inc.) entitled “Enhancing Competition By Unbundling the Postal Administration” which was published in Crew & Kleindorfer, Progress Toward Liberalization of the Postal and Delivery Sector, Springer Science+ Business Media, Inc., 2006, and presented at the Thirteenth Conference on Postal &
Paper on Unbundling the Postal Service
Bill Olson has co-authored a paper with postal economist Dr. John Haldi (of Haldi Associates, Inc.) entitled “Enhancing Competition By Unbundling the Postal Administration” which will be presented at the Thirteenth Conference on Postal & Delivery Economics, Antwerp, Belgium, June 1 –
U.S.A. Today Article on Ten Commandments Cases
Herb Titus was quoted in U.S.A. Today in an article discussing the U.S. Supreme Court’s hearing of oral argument in two Ten Commandments cases. “Court Enters Debate over Display of Commandments” by Joan Biskupic.
Business Mailer’s Review Article Discussing Free Speech in the Mail
The February 14, 2005 issue of the Business Mailer’s Review contains an article about a decision of the U.S. Court of Appeals for the 9th Circuit holding that prison inmates have a right to receive bulk mail that they had requested. This article also discusses the observations of Bill Olson, FSC Legal Co-Counsel, as to the possible application of the principle established in this case
McCreary (Ten Commandments) U.S. Supreme Court Case Amicus Brief Filed
Today we filed an amicus curiae brief with the U.S. Supreme Court on behalf of :
Conservative Legal Defense and Education Fund,
Joyce Meyer Ministries,
Committee to Protect the Family Foundation,
Lincoln Institute for Research and Education,
American Heritage Party,
Public Advocate of the United States,
Radio Liberty, and
Spiritual Counterfeits Project,
FSC Comments to the U.S. Senate Committee on Finance
On behalf of the Free Speech Coalition, we submitted post-hearing comments to the U.S. Senate Committee on Finance relating to its staff report and June 22, 2004 hearings on “Charity Oversight and Reform: Keeping Bad Things from Happening to Good Charities.” The comments point out shortcomings of many of the proposed solutions contained in the discussion draft.
Postal Service Proposed Regulations on First Class Rates
On behalf of the Free Speech Coalition, we filed comments with the U.S. Postal Service expressing the concern that the proposed regulations, which clarify the type of mail that must be entered at First-Class rates and that which is eligible for Standard mail rates, would inappropriately shift much educational mail from Nonprofit Standard to First-Class rates.
Michael New v. Donald Rumsfeld
Today we filed our Memorandum in Opposition to Defendants’ Motion to Dismiss Plaintiff’s Second Amended Complaint. By their motion to dismiss, Defendants seek to block the door to the federal courthouse to a soldier court-martialed for challenging an illegal and unconstitutional order.
FEC Rulemaking Definition of Political Committee
On behalf of the Free Speech Coalition, we filed comments with the Federal Election Commission opposing the proposed expansion of the definition of political committees to include potentially thousands of nonprofit organizations.
Defending the Ten Commandments
Today we filed our appellant’s brief in the Eleventh Circuit Court of Appeals challenging the right of an anonymous plaintiff to file suit without seeking leave of court or providing any compelling rational for the waiver under the requirements of the Federal Rules of Civil Procedure.
Barrow County, Georgia — Ten Commandments Case
Today we filed our response to the Eleventh Circuit Court of Appeal’s memorandum to counsel concerning jurisdiction of our appeal of the district court’s denial of our motion to dismiss. This response also opposes appellee’s motion to dismiss for lack of jurisdiction.
Barrow County, Georgia — Ten Commandments Case
Today we filed the Answer of Defendants, Barrow County, Georgia; and, Walter E. Elder, in His Official Capacity as Chairman of the Barrow County Board of Commissioners and in His Individual Capacity.