Page de couverture de Legal News for Weds 12/10 - Endangered Species in More Danger, Death Row Intellectual Disability Case, Jack Smith New Gig and DOJ Charges in Russian Cyberattacks

Legal News for Weds 12/10 - Endangered Species in More Danger, Death Row Intellectual Disability Case, Jack Smith New Gig and DOJ Charges in Russian Cyberattacks

Legal News for Weds 12/10 - Endangered Species in More Danger, Death Row Intellectual Disability Case, Jack Smith New Gig and DOJ Charges in Russian Cyberattacks

Écouter gratuitement

Voir les détails du balado

À propos de cet audio

 This Day in Legal History: Gregory v. ChicagoOn this day in legal history, December 10, 1968, the U.S. Supreme Court heard oral arguments in Gregory v. City of Chicago, a case involving the arrest of civil rights demonstrators under a local disorderly conduct ordinance. The demonstrators, led by comedian and activist Dick Gregory, had peacefully marched from Chicago’s City Hall to the home of Mayor Richard J. Daley to protest school segregation. Though the march itself remained nonviolent, an unruly crowd of onlookers gathered, prompting police to demand that the demonstrators disperse. When they refused, Gregory and others were arrested and later convicted of disorderly conduct.The key legal issue before the Court was whether the demonstrators’ First Amendment rights had been violated when they were punished for the hostile reactions of bystanders. In a per curiam opinion issued the following year, the Court reversed the convictions, holding that the peaceful demonstrators could not be held criminally liable for the disruptive behavior of others. Justice Black, concurring, emphasized that the First Amendment protects peaceful expression even in the face of public opposition or discomfort.The case is a critical reaffirmation of the “heckler’s veto” doctrine — the principle that the government cannot suppress speech simply because it provokes a hostile reaction. It underscored the constitutional duty to protect unpopular or provocative speech, especially in the context of civil rights protests. The Court’s decision also reinforced the due process requirement that criminal statutes must be applied in a way that is not arbitrary or overbroad.Gregory v. City of Chicago remains a foundational case in First Amendment jurisprudence and protest law, balancing public order concerns against the fundamental rights of assembly and expression.The Trump administration’s proposed repeal of the Endangered Species Act (ESA) definition of “harm” could significantly weaken protections for imperiled species in federally managed forests, particularly in the Pacific Northwest. The change would limit the ESA’s scope to cover only direct physical injury to species, excluding habitat destruction from regulation. Environmental groups argue this could devastate species like the northern spotted owl and marbled murrelet, both of which depend on old-growth forests increasingly targeted for logging under recent federal mandates. Legal experts warn that without habitat protections, ESA enforcement becomes largely ineffective, as species cannot survive without suitable environments. The rollback is expected to reduce permitting requirements for developers and extractive industries, a move welcomed by business groups but opposed by conservationists.The U.S. Fish and Wildlife Service initially defined “harm” in 1981 to include habitat degradation, but now argues that interpretation overextends the ESA’s intent. Logging has already surged in owl and murrelet habitats, especially in Oregon, with timber sales up 20% in 2025. Population declines among spotted owls—down 70% since 1990—are linked to habitat loss and competition from invasive barred owls. Critics of the repeal emphasize that previous conservation plans, like the 1994 Northwest Forest Plan, successfully slowed species decline by curbing old-growth logging. Industry groups argue the ESA has been “weaponized” to block necessary forest management and wildfire prevention. Meanwhile, lawsuits are brewing on both sides: environmentalists are expected to challenge the rollback, while timber interests seek to overturn broader habitat protections.Trump’s Changes to What Harms Species Adds Risk in Logging AreasThe U.S. Supreme Court is preparing to hear a case involving Joseph Clifton Smith, an Alabama death row inmate whose death sentence was overturned after a federal court found him intellectually disabled. The dispute centers on how courts should interpret multiple IQ scores and other evidence when determining whether someone meets the legal criteria for intellectual disability. This analysis is critical because, in 2002’s Atkins v. Virginia, the Supreme Court held that executing individuals with intellectual disabilities violates the Eighth Amendment’s ban on cruel and unusual punishment.Smith, now 55, was sentenced to death for the 1997 killing of Durk Van Dam during a robbery. His IQ scores have ranged from 72 to 78, but the lower court applied the standard margin of error, concluding his true score could fall below 70. The court also found substantial, lifelong deficits in adaptive functioning, including challenges in social skills, independent living, and academics. These findings led the 11th U.S. Circuit Court of Appeals to uphold the decision to set aside his death sentence.Alabama officials argue the courts erred by evaluating Smith’s IQ scores collectively rather than individually. The Supreme Court previously asked the 11th ...
Pas encore de commentaire