Those other Supreme Court cases

[Volokh, Eugene]

> -----Original Message-----
> From: David H Bowser [SMTP:dbowser at willamette.edu]
> Sent: Sunday, December 03, 2000 2:46 AM
> To:   Multiple recipients of list
> Subject:      Supreme Court News 12/03/00
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> UNITED STATES SUPREME COURT NEWS                12/03/00
> Willamette Law Online - Willamette University College of Law
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> During the week of December 4, 2000, the United States Supreme Court
> will hear oral arguments in the four cases summarized below.
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. . .

> ORAL ARGUMENTS
>
> ************
> Monday 12/04
> ************
>
. . .

> Atwater v. City of Lago Vista, TX
> No: 99-1408
> Court below: United States Court of Appeals, Fifth Circuit
> Full text: http://laws.findlaw.com/5th/9850302cv2.html
>
> SEARCH & SEIZURE (Custodial Arrests for Fine-Only Traffic Offenses)
>
> The issue in this seizure case is whether the Fourth Amendment restricts
> the use of custodial arrests for traffic offenses that impose only fines.
>
> Gail Atwater (Atwater) and her two children were pulled over for not being
> seat belted. After a verbal exchange between Atwater and the police
> officer, Atwater was taken to jail. Atwater pleaded no contest to the seat
> belt violations and was sentenced to the maximum fine of $50. Atwater then
> filed suit in federal court against the City of Lago Vista, the Chief of
> Police and the arresting officer. She claimed her constitutional rights to
> be free from unreasonable seizures, excessive force and punishment were
> violated when she was arrested. The district court ruled against
> Atwater.  The Court Below affirmed. The court reasoned that for the
> officer's "seizure" of Ms. Atwater to constitute a constitutional
> violation, he must have conducted the arrest in an "extraordinary manner,
> unusually harmful" to Atwater's privacy interests. They found that the
> officer had probable cause to arrest Ms. Atwater and that he acted
> reasonably under the circumstances.
>
> ************
> Tuesday 12/05
> ************
>
. . .


> Bartnicki v. Vopper
> No. 99-1687
> United States v. Vopper
> No. 99-1728
> Court below: United States Court of Appeals, Third Circuit
> Full text: http://laws.findlaw.com/3rd/992341p.html
>
> FIRST AMENDMENT (Wiretapping Statutes Penalizing Users of
> Illegally-Intercepted Communications)
>
> The issue in this consolidated free speech case is whether a wiretapping
> statute that prohibits the disclosure of an unlawfully intercepted
> electronic-communication, by a person who was not involved in the
> interception itself but who knew or had reason to know that the
> communication was unlawfully intercepted, violates the First Amendment.
>
> Bartnicki, a representative of public school employees, discussed over the
> telephone a strategy relating to a labor dispute.  The conversation was
> intercepted and recorded by an unknown person and given to Yocum, who
> opposed the bargaining proposals.  Yocum gave the tape to
> Vopper, a local talk show host, who later played the tape on the
> air.  Bartnicki sued Yocum and Vopper for using and disclosing the tape in
> violation of federal and state law.  The district court certified the
> question of whether the First Amendment bars holding the defendants liable
> and the Court Below answered in the affirmative.  The court reasoned that
> wiretapping statutes may not constitutionally penalize the use or
> disclosure of illegally intercepted information where there is no
> allegation that the defendants participated in or encouraged that
> interception.
>
. . .


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> UNITED STATES SUPREME COURT NEWS         2000-2001
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