Moritz Legal Information Blog

Last week, the 10th Circuit held that the Stolen Valor Act, 18 U.S.C. 704(b), did not violate the First Amendment.  United States v. Strandlof The Supreme Court will also decide a case regarding the Stolen Valor Act this term.  You can read the briefs and the opinion of the 9th Circuit here .  Oral argument is scheduled for February 22. News and commentary: The Denver Post The Volokh Conspiracy L.A. Times Huffington Post

As we wrote  last week, the U.S. Supreme Court issued a decision on the police's GPS tracking of a suspect's vehicle ( United States v. Jones ). A similar case is pending in the Ohio Supreme Court. While  Jones involved the 28-day warrantless tracking of a vehicle registered to a suspect's wife, the Ohio case involves the warrantless tracking of a suspect's rental car for a 6-day period. In light of Jones , it appears that the Ohio Supreme Court must find that the GPS tracking was a "search" within the meaning of the Fourth Amendment. However, at least one commentator believes that the court might also consider whether the search required a warrant or was reasonable without one. The court in Jones did not consider this issue because the government had not raised the argument below. See the briefs of the appellant and the state  in the Ohio case, as well as video of the oral argument  before the Ohio Supreme Court.

Barco 2.0 provides an interesting post on "Super Wi-Fi," which takes advantage of unused spectrum between TV stations called " white spaces ." Apparently this allows wi-fi service to pass through trees and thick foliage. See explanatory articles in the Wilmington (NC) Star-News , Gizmodo.com , and ars technica .

The "Jessica Logan Act," regarding public schools' rules against bullying and cyber-bullying, went to the House, which approved changes made by the Senate.  It now requires the governor's signature. H.B. 116 Zanesville Times Recorder The News-Herald Sandusky Register

The Washington Post reports that the oldest federal judge in the U.S. has passed away at the age of 104. In 1962, President Kennedy appointed Wesley Brown to serve on the U.S. District Court, District of Kansas. Brown, who was on senior status, continued working until about a month before his death. An April 2011 AP article attributed the following quote to him: "As a federal judge, I was appointed for life or good behavior, whichever I lose first[.]"

We have previously discussed the case of the GPS tracking of a suspected drug dealer's car here and here . Yesterday, the Supreme Court issued its ruling in United States v. Jones .  At SCOTUSblog, Tom Goldstein explains the ruling this way: I think that the correct way to understand the case is to read it as having two separate majority opinions.  ... Here is the upshot.  Five Justices join the holding of the “majority” opinion (per Scalia) that by attaching and monitoring a GPS device the police conduct a “search”; four Justices (those in the Alito concurrence) reject that view.  Five Justices join or express their agreement with the portion of the “Alito” opinion concluding that the long-term monitoring of a GPS device violates a reasonable expectation of privacy; four Justices (those in the majority, minus Sotomayor) leave that question open. More news and commentary: Los Angeles Times Above the Law The Atlantic ABA Journal

Earlier this month, we wrote about the oral argument at the U.S. Supreme Court concerning the boundaries of Texas legislative districts. Today the Court issued its ruling, rejecting the maps drawn by a three-judge District Court panel and remanding the case for consideration under a different standard. See analysis from SCOTUSblog and the 11-page, unsigned opinion (with separate concurrence by Justice Thomas).