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Spanish court: Google search must show man's acquittal first
Court Watch |
2020/03/10 03:04
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A Spanish court has partially accepted Google's appeal against a ruling that ordered it to erase news articles about a man accused of sexual abuse, but the new judgement said the company had to display the man's acquittal at the top of any search results.
A National Court decision Friday said that freedom of expression took precedence over personal data protection in this case. However, given the case's special circumstances, the person's acquittal must appear in first place in internet searches, it ruled.
In 2017, Spain's Data Protection Agency ruled in favor of a psychologist who was tried and acquitted on three counts of sexual abuse for which he faced a possible 27 years in prison.
The man, whose name was not released, applied to have Google's search engine erase 10 news articles relating to the case that appeared when his name was keyed in. The agency ordered eight story links to be blocked, saying the news was obsolete.
Google appealed, arguing that the articles were of public interest and access to them should be protected by free speech laws. It also maintained they were of current interest and not outdated.
Spain's privacy agency has long defended people's “right to be forgotten.” Its efforts triggered a landmark ruling in 2014 by Europe's highest court that said search engines must listen, and sometimes comply, when people ask for the removal of links to newspaper articles or other sites containing outdated or otherwise objectionable information about themselves.
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Supreme Court divided in 1st big abortion case of Trump era
Court Watch |
2020/03/09 03:06
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A seemingly divided Supreme Court struggled Wednesday with its first major abortion case of the Trump era, leaving Chief Justice John Roberts as the likely deciding vote.
Roberts did not say enough to tip his hand in an hour of spirited arguments at the high court.
The court’s election-year look at a Louisiana dispute could reveal how willing the more conservative court is to roll back abortion rights. A decision should come by late June.
The outcome could have huge consequences at a time when several states have passed laws, being challenged in the courts, that would ban abortions after a fetal heartbeat is detected, as early as six weeks.
The justices are weighing a Louisiana law requiring doctors who perform abortions to have admitting privileges at a nearby hospital. A federal judge found that just one of Louisiana’s three abortion clinics would remain open if the law is allowed to take effect. The federal appeals court in New Orleans, though, upheld the law, setting up the Supreme Court case.
Justice Ruth Bader Ginsburg noted, as she had before, that “among medical procedures, first trimester abortion is among the safest, far safer than childbirth.” The abortion clinic in Shreveport at the heart of the case reported transferring just four patients to a hospital out of roughly 70,000 it has treated over 23 years, Justice Elena Kagan noted. |
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Walker appointee, judge, prof face off in high court primary
Court Watch |
2020/02/15 02:49
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Wisconsin voters will choose between a Republican appointee, a Madison judge and a law professor as they winnow down the candidates for a state Supreme Court seat in a primary Tuesday.
Conservative Justice Dan Kelly will face off against liberal-leaning Jill Karofsky and Ed Fallone. The top two vote-getters will advance to the April 7 general election with a 10-year term on the high court at stake.
The race can’t change the court’s ideological leaning since conservative-leaning justices currently have a 5-2 edge. But a Kelly defeat would cut their margin to 4-3 and give liberals a shot at a majority in 2023.
Then-Gov. Scott Walker, a Republican, appointed Kelly to the Supreme Court in 2016 to replace the retiring David Prosser. An attorney by trade, he represented Republican lawmakers in a federal trial over whether they illegally gerrymandered Wisconsin’s legislative district boundaries in 2011. He’s also a member of The Federalist Society, a conservative organization that advocates for a strict interpretation of the U.S. Constitution. |
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Court raises sentence for banker who smuggled a Picasso
Court Watch |
2020/02/07 11:11
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A Spanish court has raised the sentence against a former bank president found guilty of trying to smuggle a painting by Pablo Picasso out of the country.
The Madrid court announced the decision Tuesday to raise the sentence against fined ex-Bankinter head Jaime Botin to three years instead of 18 months. The move came after the prosecution detected an error in the original sentence handed down last month.
The court also raised the amount Botin was fined from 52.4 million euros ($57. 9 million) to 91.7 million euros.
The trial last year heard how a team of Spanish police experts flew to the French island of Corsica in 2015 to retrieve the painting, Picasso’s masterpiece “Head of a Young Woman.” The Spanish government had ruled in 2012 that the painting, which is valued at some 24 million euros ($26.5 million), could not be taken out of the country.
The work was owned by Botin, an uncle of Ana Botin, president of the powerful Santander banking group.
Corsican authorities said they had been tipped off about an attempted smuggling of the prized painting from Spain by boat. They said the oil painting, which comes from the Cubist master’s “pink period” and features a woman with long black hair, was seized when the boat’s captain was unable to produce a proper certificate.
On the boat, authorities found a document in Spanish confirming that the work was of “cultural interest” and was banned from leaving Spain, Picasso’s homeland, without permission.
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Cross-examination drives key Weinstein accuser to tears
Court Watch |
2020/02/05 11:13
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A key accuser in the New York City rape trial of Harvey Weinstein broke down in tears on the witness stand on Monday during an exhaustive cross-examination over the nature of her relationship with the once-powerful movie mogul.
The drama, which prompted the judge to send the jury home about an hour earlier than usual, came as the defense sought to paint the 34-year-old woman as an opportunistic manipulator who took advantage of Weinstein while pursuing an acting career, even after he allegedly raped her.
The woman said she tried to make Weinstein "my pseudo father" after a rough upbringing. She said she sent him flattering emails and kept seeing him because “I wanted him to believe I wasn't a threat."
“I was afraid of his unpredictable anger," the woman testified.
She became emotional while reading an email passage about being abused earlier in her life. It was part of a lengthy confessional email she sent to her then-boyfriend in May 2014 about her relationship with Weinstein. She was bawling as she left the courtroom, and her cries could be heard from a nearby witness room.
She returned after about a 10-minute break, but continued to weep loudly, resting her head on the witness stand and blotting tears with a tissue. The lead prosecutor tried to console her, but she couldn't continue. Her cross-examination will resume Tuesday. |
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