Legal News for Fri 7/19 - SCOTUS Dismissive of 5th Circuit, Espionage Conviction of Gershkovich, Student Loan Relief Blocked and Tesla Lawyers on the Move

Minimum Competence

This Day in Legal History: Pennsylvania First Movie Censorship Laws

On July 19, 1911, Pennsylvania enacted the first movie censorship laws in the United States, marking a significant moment in legal and cultural history. These laws empowered a state board to review and censor films, aiming to protect the public from what were considered immoral or indecent content. This move sparked a wave of similar legislation across the country, as other states quickly followed Pennsylvania's lead. The push for film censorship reflected broader societal concerns about the influence of motion pictures on public morals, especially on the youth.

The legal landscape for film censorship was further solidified in 1915 when the US Supreme Court upheld the constitutionality of these laws in the case of Mutual Film Corporation v. Industrial Commission of Ohio. The Court ruled that movies were a form of business, not art, and therefore not entitled to First Amendment protections. This decision effectively endorsed the states' rights to regulate the burgeoning film industry, leading to widespread and varied censorship practices.

It wasn't until 1952, with the case of Joseph Burstyn, Inc. v. Wilson, that the Supreme Court reversed this stance, recognizing films as a form of expression protected under the First Amendment. This pivotal shift underscored the evolving understanding of free speech and the role of movies in American culture. Pennsylvania's early censorship laws thus set the stage for a decades-long debate over the balance between regulation and freedom of expression in the arts.

Over the past two terms, the U.S. Supreme Court has dismissed five significant cases from the conservative-leaning 5th U.S. Circuit Court of Appeals on the grounds of lacking legal standing. These cases involved controversial issues like abortion rights, online free speech, federal student loans, immigration, and Native American child welfare. By overturning these rulings, the Supreme Court emphasized the necessity for plaintiffs to demonstrate concrete and non-speculative injury to sustain their cases. This approach aims to reduce the number of politically charged lawsuits, often filed in states within the 5th Circuit due to its conservative reputation.

Legal experts note that this trend marks a push for stricter judicial gatekeeping. The Supreme Court's 6-3 conservative majority has reinforced limits on standing, even affecting conservative plaintiffs and Republican-led states. This shift has been evident in cases such as Texas and Louisiana's challenges to Biden's immigration policies, and anti-abortion groups' attempts to restrict access to mifepristone. Notably, some decisions were unanimous, while others saw sharp divisions among the justices.

The doctrine of legal standing prevents courts from resolving policy disputes better suited for legislative arenas. Historically, liberals tested the boundaries on standing, but recent rulings show a change in this dynamic. The Supreme Court's actions could limit state attorneys general from frequently suing over opposing presidential policies, altering the landscape of American judicial proceedings.

US Supreme Court is making it harder to sue - even for conservatives | Reuters

On July 19, 2024, a Russian court sentenced U.S. journalist Evan Gershkovich to 16 years in a maximum security penal colony on charges of espionage, a verdict his employer, the Wall Street Journal, condemned as a "disgraceful sham conviction." Gershkovich, 32, was accused of attempting to gather sensitive information about a tank factory in Yekaterinburg and became the first U.S. journalist charged with spying in Russia since the Cold War. His arrest in March 2023 prompted many Western journalists to leave Moscow. The court, citing state secrecy, held the trial behind closed doors, fueling speculation about a potential U.S.-Russia prisoner exchange.

During the hearing, Gershkovich, who maintained his innocence, stood in a glass cage and listened to the judge's rapid verdict. The judge ruled that the 16 months Gershkovich had already spent in detention would count towards his sentence. The Wall Street Journal and Gershkovich's colleagues expressed outrage and pledged to continue efforts for his release, emphasizing that journalism is not a crime.

Russian prosecutors alleged that Gershkovich was gathering secret information for the CIA about a company manufacturing tanks for Russia's war in Ukraine. The factory in question, Uralvagonzavod, has been sanctioned by the West. The rapid conclusion of the trial suggests a potential prisoner exchange could be on the horizon, though the Kremlin has not commented on this possibility.

Gershkovich's case has drawn attention to the risks faced by journalists in Russia, with his sentencing seen as a warning to Western reporters. Despite his imprisonment, Gershkovich has remained resilient, engaging with friends through letters and reading Russian literature. This conviction highlights the ongoing tension between Russia and the West, and the precarious position of foreign journalists in Russia.

Russian court jails US reporter Gershkovich for 16 years in spying case his employer calls a sham | Reuters

On July 18, 2024, the 8th U.S. Circuit Court of Appeals blocked President Joe Biden's new student debt relief plan, halting its implementation. This decision came after seven Republican-led states requested a hold on the U.S. Department of Education's Saving on a Valuable Education (SAVE) Plan, which aimed to reduce monthly payments for millions of borrowers. The ruling followed a previous decision by U.S. District Judge John Ross that partially blocked the plan by preventing further loan forgiveness.

Missouri Attorney General Andrew Bailey, who led the effort against the SAVE Plan, praised the ruling as a victory for Americans who believe in self-reliance. He criticized the plan, arguing it would burden taxpayers with significant debt. An Education Department spokesperson indicated they were assessing the ruling and would communicate with affected borrowers while defending the plan.

The SAVE Plan, announced by Biden in 2022, was part of a broader $430 billion initiative to cancel up to $20,000 in debt for eligible Americans, but this broader program was blocked by the Supreme Court in June 2023. The SAVE Plan, which partially took effect on July 1, promised more favorable repayment terms and aimed to benefit over 20 million borrowers, with 8 million already enrolled.

Despite already granting $5.5 billion in relief to 414,000 borrowers, the plan's estimated cost of $156 billion over ten years is disputed by Republican state attorneys general, who argue the actual cost is closer to $475 billion. The legal battle over the SAVE Plan continues, with parts of it also being contested in other courts.

US appeals court blocks all of Biden student debt relief plan | Reuters

Two former Tesla Inc. lawyers have recently secured prominent legal roles at new companies. David Misler, previously an associate general counsel at Tesla, has been appointed general counsel and corporate secretary for BusPatrol America LLC. Misler, who joined Tesla from the US Securities and Exchange Commission, announced his departure from Tesla to pursue new challenges.

Emily Lough, Tesla's former chief intellectual property counsel, has been named general counsel for Cohu Inc., a semiconductor equipment manufacturer. Lough transitioned to Cohu as an assistant general counsel in late 2023.

These moves are part of a broader trend of former Tesla lawyers landing significant positions at other firms, from startups to established enterprises. Tesla has experienced considerable turnover, with CEO Elon Musk known for his demanding management style. Recently, Tesla sought shareholder approval for Musk's $56 million pay package and experienced high-profile executive departures amid a workforce reduction of over 10%.

Despite this churn, Tesla continues to bolster its legal team, actively recruiting for legal and government affairs roles. Since mid-2022, the company has been enhancing its in-house litigation team, with Tesla’s general counsel, Brandon Ehrhart, inviting new recruits via LinkedIn.

Misler, now leading the legal team at BusPatrol, is enthusiastic about contributing to the company's AI-driven school bus safety technology. Meanwhile, Lough succeeds Thomas Kampfer at Cohu, who received substantial compensation in his previous role.

Both Misler and Lough reflect the ongoing trend of Tesla alumni moving into key legal roles in other organizations, highlighting the dynamic and challenging environment at Tesla and the high demand for its experienced legal professionals.

Tesla Lawyers Get Top Legal Roles Elsewhere as Churn Continues

This week’s closing theme is by Frédéric Chopin.

This week, we delve into the world of Romantic-era music with a focus on one of the most beloved composers of that period, Frédéric Chopin, and his exquisite "Nocturne No. 2 in E-flat Major, Op. 9, No. 2." Born in 1810 in Poland, Chopin is celebrated for his profound contributions to piano music, blending lyrical beauty with technical brilliance. His nocturnes, a series of short piano pieces, are among his most admired works, characterized by their expressive melodies and delicate phrasing.

"Nocturne No. 2" stands out for its serene and lyrical qualities, encapsulating the essence of Chopin's style. Written in 1830-1832, this piece demonstrates his ability to evoke deep emotion through subtle harmonic shifts and intricate ornamentation. The piece begins with a gentle, flowing melody that is gracefully embellished, creating a dreamlike atmosphere. The central section introduces a more dramatic contrast, yet it returns to the initial theme, now even more richly adorned, before concluding with a tranquil coda.

Chopin's nocturnes were heavily influenced by the works of Irish composer John Field, who pioneered the form. However, Chopin expanded upon Field's ideas, infusing them with his unique poetic sensibility and pianistic innovation. "Nocturne No. 2" is a prime example of this, showcasing Chopin's mastery of the piano and his profound understanding of musical expression.

As this week's closing theme, "Nocturne No. 2" invites listeners to immerse themselves in its serene beauty and reflective mood, offering a perfect end to any musical exploration. This piece not only highlights Chopin's genius but also serves as a testament to the enduring power of Romantic music to move and inspire. Without further ado, enjoy the peaceful elegance of Chopin's "Nocturne No. 2," a timeless gem in the piano repertoire.

This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe