Overbreadth

The Arkansas Supreme Court on Thursday overturned a lower court’s decision that the open meetings provisions of the state’s Freedom of Information Act is unconstitutional, stating that questions about how the law applies to changes in technology and other concerns should be taken to the legislature, not the court.

But the Supreme Court also upheld the circuit court’s ruling that local government officials did not violate the Act when an administrator met with city board members in a series of one-on-one meetings.

A federal judge Wednesday banned the enforcement of a century-old statute that prevents North Dakota citizens from campaigning on Election Day, calling the law “archaic” and “unconstitutional.”

A federal judge in New York recently halted enforcement of a controversial section of an anti-terrorism bill that the court found harms First Amendment rights. Plaintiffs to the case included noted activists, journalists and a member of Icelandic parliament who argued the law had a chilling effect.

The U.S. Court of Appeals sitting in Portland, Oregon, (9th Cir.) struck down two laws Monday that would have prohibited making sexually explicit material accessible to minors, ruling they were overbroad and infringed on First Amendment rights.

The Supreme Court will decide next term whether the First Amendment applies to recordings and pictures that depict animal cruelty.

But the implications of the case go well beyond the issue of animal cruelty. The Court may also revisit two fundamental issues of First Amendment law – how easily the government may categorically ban entire categories of speech, and when a law may be struck down as “overbroad” because it has a chilling effect on protected speech.