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First Amendment Must Yield to Child Pornography Law
Facing its first constitutional challenge to the Florida Computer Pornography and Child Exploitation Prevention Act of 1986, Fla. Stat. ch. 847.0135(3) (2001) (the Act), the Florida Court of Appeals recently scored a victory for child protection advocates and law enforcement in Cashatt v. State of Florida, Case No. 1D02-4638, 2004 Fla. App. LEXIS 5656 (April 26, 2004).
Cashatt, a retired U.S. Navy officer, pled no contest to a violation of the Act, after he was arrested for arranging, over the Internet, to meet with a detective, who was posing as a 14-year-old boy, for the purpose of participating in illegal sexual activities. On appeal, defendant challenged the facial constitutionality of the Act and argued that the statute was invalid for failure to state a mens rea or scienter requirement.
The appellate court ruled that even if the Act was considered a content-based restriction on constitutionally protected speech, it passed the “strict scrutiny” test because it promoted a compelling state interest in protecting children from persons who solicited or lured them to commit illegal acts, and was narrowly tailored to promote that interest, specifically limiting its prohibitions to communication intended to solicit or lure a child to commit illegal acts.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.