Federal

Lawsuit Against Florida School District’s Book Ban Granted Permission to Proceed by Federal Judge

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A federal judge has ruled that a lawsuit against a Florida Panhandle school district can move forward over its removal of books about race and LGBTQ+ identities from library shelves. The Pensacola-based judge ruled on Wednesday that the writers’ group PEN America, publisher Penguin Random House, banned authors, and parents have standing to pursue their claims under the First Amendment’s free speech protections. However, the judge denied a claim under the 14th Amendment’s Equal Protection Clause. The federal lawsuit alleges that the Escambia County School District and its School Board are violating the First Amendment … Read more

Federal Judge Allows Lawsuit Against Escambia County School District’s Book Ban to Continue, Protecting Free Speech Rights

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Pensacola, Florida – A federal judge has denied a motion to dismiss a lawsuit that claims the Escambia County school district violated free speech rights by removing and restricting books in school libraries. The lawsuit, filed by PEN America, Penguin Random House, five authors, and seven parents, seeks the return of all challenged and banned library books to the shelves. During a hearing at the federal courthouse in Pensacola, U.S. District Judge T. Kent Wetherell II listened to arguments from both sides regarding the dismissal of the case. Wetherell ultimately decided to move the case … Read more

Federal Judge Gives Green Light for Alabama’s First Nitrogen Gas Execution

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LYNN, Alabama – A federal judge ruled on Wednesday that Alabama will be permitted to carry out an execution using nitrogen gas later this month, marking the nation’s first use of this new method. The decision comes despite criticism from the inmate’s lawyers, who argue that the method is cruel and experimental. The ruling by U.S. District Judge R. Austin Huffaker denied inmate Kenneth Eugene Smith’s request for an injunction to halt his scheduled execution on January 25. Smith’s attorneys are expected to appeal the decision, potentially bringing the case before the U.S. Supreme Court. … Read more

Federal Appeals Court Rules Iowa’s “Ag Gag” Laws Constitutional, Clearing the Path for Enforcement

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DES MOINES, Iowa — A federal appeals court has ruled that two of Iowa’s “ag gag” laws, which impose penalties on individuals who trespass on agricultural property with the intention of causing financial harm, are constitutional. The U.S. Court of Appeals for the Eighth Circuit announced its rulings on Monday, reversing a lower court decision in both cases. A third lawsuit is still pending. The rulings suggest that these state laws may soon become enforceable. However, an attorney for one of the plaintiffs expressed confidence that opponents would prevail upon appeal to the U.S. Supreme … Read more