Eberstein Witherite To Participate In IM Terrell Elementary School’s Career Day

Eberstein Witherite To Participate In IM Terrell Elementary School’s Career Day

Dallas, 12/02/2016 /SubmitPressRelease123/

Eberstein Witherite is proud to announce that four members of the personal injury law firm will take part in IM Terrell Elementary School’s Career Day on December 2, 2016. The event is designed to expose students to different careers and occupations, with participants giving students a fun and entertaining explanation of what they do on a daily basis.

“This is one of our favorite things we do in the community,” stated Amy Witherite, founding partner of Eberstein Witherite, LLP,  the law firm of 1-800-Truck-Wreck and 1-800-Car-Wreck. “We participated in the IM Terrell Elementary School’s Career Day last year and we had a fantastic time. The children were attentive and curious, and they loved learning about what a lawyer really does other than what they’ve seen on T.V. shows.”

Eberstein Witherite personal injury attorneys Rachel Hatten Adams and Adewale Odetunde will join legal assistant Yesel Velazquez and paralegal Selina Sanchez at IM Terrell’s Career Day this year. They will talk to students about the work that they do at the firm, and encourage them to maintain good study habits and to continue working hard.

“We are so excited to put our efforts into another career day,” added Lucy Tiseo, Marketing Director at Eberstein Witherite. “Community outreach is one of the most important parts of what we do at our firm, and getting the opportunity to engage young students when their minds and imaginations have no limits is very rewarding. We want to continue to be a firm that makes young people excited about future opportunities such as going to college, earning a degree and working in a field that allows them to give back to their community.”

IM Terrell Elementary is located in Fort Worth and was founded in 1882 as a high school. It closed in 1973, and was transformed into an elementary school in 1998. Each year, IM Terrell and a number of other schools in the district participate in Career Day, with the goal of introducing students to all the occupations that are available to them in the future.

 Media Contact

Lucy Tiseo

Eberstein & Witherite, LLP

Phone: 800-779-6665

Email: lucy.tiseo@ewlawyers.com

Connect with Eberstein & Witherite on FacebookTwitterLinkedIn, and Google+

source: http://www.dallastexaspersonalinjurylawyers.com/news/eberstein-witherite-lawyers-support-staff-participate-im-terrell-elementary-schools-career-day

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CDC Report Finds Elevated Levels of Lead in Indoor Firing Ranges Reports Camfil

CDC Report Finds Elevated Levels of Lead in Indoor Firing Ranges Reports Camfil

Riverdale, NJ, 12/02/2016 /SubmitPressRelease123/

Camfil a Leader in Firing Range Air Filtration Offers a Solution to Poor Indoor Air Quality

A report by the Centers for Disease Control and Prevention (CDC) has found that many indoor firing ranges are contaminated with lead, which can affect customers who visit these places, as well as those who work at the ranges, and shows the need for proper filtration to combat poor indoor air quality.

There are more than 16,000 indoor firing ranges in the U.S., and an estimated one million law enforcement personnel visit these ranges to practice the use of their firearms.

The CDC report examined blood lead levels (BLLs) in a group of people, which included law enforcement officers as well as people who worked in “amusement and recreation industries,” that included a larger number of firing range employees.

The BLLs from this group were elevated as compared to BLLs from people who were not exposed to lead at firing ranges, and an investigation by the Washington State Division of Occupational Safety and Health (WaDOSH), found that one of the main factors of elevated BLLs was the failure to properly dispose of lead-containing dust at indoor firing ranges.

WaDOSH also found that the best remedies for reducing lead exposure at indoor firing ranges were the use of lead-free bullets, an improved ventilation system, the use of wet mops and effective air pollution filters to eliminate lead particulates.

How Lead Poisoning Occurs At Firing Ranges

The study raises the question of just how elevated levels of lead appear in the blood of people who visit indoor firing ranges.

When guns loaded with lead ammunition are fired at these ranges, they release lead vapor and lead fumes as well as lead dust and other toxins.

With each bullet that someone fires, lead residue is expelled into the air, and after the empty casing is ejected, the lead residue also settles on the ground, meaning that lead is both airborne and on the surface of the ground.

Even contact with a surface that is contaminated with lead can affect health as microscopic lead elements can enter the bloodstream and cause health issues.

What’s even more troubling, however, is that lead poisoning is often not confined to the indoor firing range, as people who visit these places can carry residue on their clothes and skin to their homes or workplaces.

This can cause secondary lead contamination, which is worsened if these residences and employment areas lack good indoor air quality due to a lack of air filtration devices, or ineffective air filtration devices.

According to a 2014 Seattle Times investigation, the Occupational Safety and Health Administration (OSHA) has only inspected 201 of the estimated 6,000 commercial indoor and outdoor gun ranges in the U.S.

And of those 201 inspections, 86 percent were found to be in violation of lead-level standards, which calls into question how many of the other firing ranges would have similar violations.

Worse yet, there are thousands of indoor firing ranges in the U.S. that are run under the supervision of sports clubs and recreational organizations who don’t have to follow OSHA regulations, because they don’t have employees.

Exposure to lead residue can cause fatigue, nausea, severe abdominal pain, muscle weakness, vomiting, seizures, and in serious cases, organ failure.

Camfil Offers a Solution To Poor Indoor Air Quality

Indoor firing ranges must have effective air filtration systems to help remove lead and other contaminants from the air. Check out Camfil Air Filtration for Indoor Firing Ranges.

Camfil’s range of HEPA air filters are designed to meet the needs of any firing range, whether it is a small range for sports clubs members, or a large commercial indoor firing range for thousands of users. Camfil is committed to clean air solutions by offering products that remove the most dangerous pollutants and improve indoor air quality.

Lynne Laake

Camfil USA Air Filters

T: 888.599.6620,

E:Lynne.Laake@camfil.com

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Atlanta Truck Wreck News – Georgia Truck Driver Charged in Fatal Crash

Atlanta Truck Wreck News - Georgia Truck Driver Charged in Fatal Crash

Dallas, 11/29/2016 /SubmitPressRelease123/

The semi-truck driver has been charged with reckless homicide, which is a felony. Says Atlanta Truck Wreck Lawyer.

A domestic dispute may have led to a fatal semi-truck crash in O’Fallon, Illinois. According to one report, the driver, who is based in Augusta, Georgia, caused a multi-vehicle pileup on an Illinois highway. Tragically, one of the cars involved in the chain reaction crash flipped, killing the driver inside. Four other motorists sustained injuries.

Police say they responded to a call claiming that a woman had jumped from a moving semi-truck outside a McDonald’s restaurant. However, when police arrived on the scene, they saw a multi-vehicle pileup on the nearby highway. Investigators discovered that five vehicles were involved in the crash. Police say the truck’s driver was involved in an argument with a female passenger at the time of the crash.

The semi-truck driver has been charged with reckless homicide, which is a felony. Although the police refused to disclose the results of drug and alcohol testing performed on the truck’s driver, they acknowledged that the results contributed to the reckless homicide charge. Another report says that the driver faces between two and five years in prison if convicted.

Are Semi Drivers Allowed to Have Passengers?

Because the reports in this case state that the incident started out as a domestic disturbance, it’s possible that the woman involved in the dispute was riding as a passenger in the semi-truck.

Unlike drivers of regular vehicles, semi-truck operators must follow strict rules when it comes to carrying passengers in their trucks. The Federal Motor Carrier Safety Administration (FMCSA) permits passengers in semis in just a handful of circumstances:

  • The passenger is an employee, such as a partner operator who is part of a driving team.
  • The carrier company has given written permission for the passenger to be in the truck, and the permission includes the starting and stopping point of the trip, as well as dates of travel.
  • The semi-truck driver is assisting with an emergency.

In certain cases, a passenger can be a distraction. Although it’s still unclear exactly what happened in this accident, it’s possible that the truck driver and his female passenger were involved in a personal relationship that had taken a downward turn. Any time a semi-truck driver is occupied by personal conflicts or high levels of stress, he or she is not fully focused on the demanding task of driving a semi-truck.

Eberstein & Witherite, LLP: Atlanta Truck Accident Lawyers

If you have been injured in a semi-truck crash, you may be entitled to compensation for your injuries and other losses. Call the 1800 Truck Wreck Atlanta  Attorneys at Eberstein & Witherite, LLP today to receive a free case evaluation. You can reach us at 1-800-TRUCK WRECK (1-800-878-2597).

Media Contact
Lucy Tiseo
Eberstein & Witherite, LLP
Phone: 800-878-2597
Email: lucy.tiseo@ewlawyers.com
www.atlanta.1800truckwreck.com
Connect with Eberstein & Witherite on FacebookInstagram and Twitter

source: http://www.1800truckwreck.com/atlanta-truck-wreck-news-georgia-truck-driver-charged-fatal-crash.html

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Federal Drug Defense Attorney – Getting A Reduced Sentence In Federal Drug Cases

Federal Drug Defense Attorney - Getting A Reduced Sentence In Federal Drug Cases

Dallas, TX, USA, 11/29/2016 /SubmitPressRelease123/

Federal drug sentences can be harsh says John Helms federal drug defense attorney. For many defendants, despite what their lawyer has told them, the reality of a long sentence sometimes does not really sink in until after the judge actually announces the sentence in court. Until the judge says those words, they may convince themselves that what they are being told just won’t happen to them. So, is there anything that can be done after sentencing to get a lower sentence? The answer is, “Yes.”

In federal drug cases, there are two primary ways of getting a reduction in your sentence after you have been sentenced. The first involves cooperating with the government, and the second involves changes to the Federal Sentencing Guidelines after you were sentenced.

Under Rule 35 of the Federal Rules of Criminal Procedure, a defendant can receive a reduced sentence for cooperating with the government after sentencing. Like cooperating before sentencing, the government must file a motion asking for the reduction. Also like pre-sentencing cooperation, the defendant must provide “substantial assistance” to the government in the investigation or prosecution of one or more other persons in order for the government to ask the court for a reduction, and the amount of reduction the government requests is up to the prosecutor in charge of the case, says drug trafficking lawyer John Helms.

For some defendants, the possibility of cooperating after sentencing is one last lifeline they may be thrown. Cooperation usually involves giving the government information about other people that helps the government investigate or prosecute them, such as telling them about someone else’s involvement in the defendant’s crime or other crimes. Any information you give them must be truly helpful to the government, though.

In order to encourage defendants to come forward reasonably quickly, Rule 35 requires the government to file a motion for a reduction within one year after the judge announces the sentence in court. The only exceptions are:  (1) if the defendant did not know about the information until one year or more after sentencing; (2) the defendant provided the information within one year, but it did not become useful to the government until after one year; or (3) if the defendant could not have reasonably anticipated that the information would become useful to the government until more than one year later, and the defendant provided it promptly after its usefulness became apparent. So, if you have useful information after you have been sentenced, do not wait until it is too late to provide it.

The second major way to get a sentence reduction after sentencing is if you were sentenced under an old version of the Federal Sentencing Guidelines, and a newer version would result in a lower Guideline range. Congress passed a law to give courts this power. It is at 18 U.S.C. section 3582(c)(2).

In federal drug cases, beginning on November 1, 2014, the Federal Sentencing Guidelines included changes that reduce the Guideline range for most types of drug cases. If you were sentenced under the pre-2014 version of the Sentencing Guidelines, you may qualify for a sentence reduction based on the recent changes to the Guidelines.

Using this statute, I recently obtained a sentence reduction of almost two years for a defendant convicted of conspiracy to distribute marijuana and cocaine. To do that, I filed a detailed motion with the court showing that the defendant was sentenced in the middle of the Sentencing Guideline range in effect at the time.  However, if he had been sentenced today, I demonstrated that the middle of his Sentencing Guideline range would have been about 23 months lower. The court agreed with my motion and reduced his sentence.

Anyone who wants to get a reduction of a sentence for themselves or their loved one should contact an experienced federal criminal defense lawyer as soon as possible. What I have described here is simplified in order to show what is possible. Either route takes skill, experience, and effort. A reduction of a sentence is too important to trust to someone who does not know how to do it effectively. If you or someone you know has been charged with a federal drug offense or want to get a sentence reduction, contact Federal drug defense attorney John Helms immediately. Call 214-666-8010.

Media Contact
Dallas Criminal Lawyer John Helms
214-666-8010
https://www.linkedin.com/in/john-helms-69172699

source: http://johnhelms.attorney/federal-drug-defense-attorney-getting-reduced-sentence-federal-drug-cases/

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Road Trains: Australia’s Mega Semi-trucks

Road Trains: Australia’s Mega Semi-trucks

Dallas, 11/29/2016 /SubmitPressRelease123/

In Texas, semi-trucks can be no longer than 59 feet, including the trailer. In many motorists’ minds, this is plenty long enough. As a state with some of the heaviest truck traffic in the country, Texas highways are already dominated by huge 18-wheelers. Now imagine a semi-truck that’s up to 175 feet long. It may sound ridiculous, but it is reality in Australia.

Known as road trains, these supersized semis are actually banned in many parts of Australia. In the Outback, however, they are frequently used to cross sparsely populated terrain to deliver freight to the more densely populated urban areas along the coast.

Prior to the vehicle age, people who wanted to ship goods across the Australian continent did so on camelback or by sailing along the coast. However, this was a costly and time-consuming process. With a road train, semis can haul freight across thousands of miles within a few days instead of the weeks it would take to ship by water.

American semi-trucks typically weigh up to 40 tons and have a maximum length of 80 feet depending on the state. In Australia, road trains can be up to 175 feet long—and length is unlimited for road trains that travel private roads, such as those found in large mining operations. A fully loaded road train can weigh up to 220 tons.

Furthermore, road train drivers can remain at the wheel for up to 21 hours straight. The Australian Road Train Association—an industry advocacy organization—recommends road train drivers restrict their driving time to 14 hours at a stretch.

Road Trains Around the World

Although the term “road train” is sometimes used in the U.S. to describe a semi with a triple trailer, road trains usually refer to the longer combination vehicles used in Australia. These mega semi-trucks also operate in parts of Mexico, Canada, and Argentina. In the United States, just a handful of states, including Idaho, Oregon, Montana, and parts of Ohio and Indiana, permit semis with three trailers to operate.

Eberstein & Witherite, LLP: Texas Truck Accident Lawyers

If you or a loved one has been injured in a semi-truck crash, call the 1800 Truck Wreck Lawyers at Eberstein & Witherite, LLP 24/7 to speak to an experienced tractor-trailer accident lawyer about your case. Lawyers are available to speak to you today. You can reach us through our online contact form, or by calling 1-800-TRUCK WRECK (1-800-878-2597).

Media Contact
Lucy Tiseo
Eberstein & Witherite, LLP
Phone: 800-878-2597
Email: lucy.tiseo@ewlawyers.com
www.1800truckwreck.com
Connect with Eberstein & Witherite on Facebook,  Instagram and Twitter

source: http://www.1800truckwreck.com/road-trains-australias-mega-semi-trucks.html

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Super Lawyers of Texas Names Brandon Lavery One of Its 2017 Rising Stars

Super Lawyers of Texas Names Brandon Lavery One of Its 2017 Rising Stars

Dallas, 11/29/2016 /SubmitPressRelease123/

Dallas, TX, October 26, 2016 – Brandon Lavery, Attorney at Eberstein & Witherite, LLP has been selected to the 2017 Super Lawyers of Texas Rising Stars list. This is the third consecutive year that Lavery has received this distinction as one of the best young lawyers in the state.

Super Lawyers is a service that rates lawyers in many different practice areas, who have exhibited outstanding qualities and earned the respect of their peers. The list is intended to showcase a diverse group of attorneys who have achieved a consistent level of excellence in their practice.

“It goes without saying that this distinction is something I value,” Lavery stated. “You never take something like this for granted even if you’ve had the distinction in the past, because in this field, you have to prove yourself every year. I’m most proud that a peer recognized the work I’ve done on behalf of this firm and especially on behalf of our clients.”

To be eligible for inclusion in Rising Stars, a candidate must be under the age of 40, or have practiced law for less than 10 years. The balloting and review process is conducted every year, therefore lawyers who make the list one year must undergo a new review the following year to determine if they merit the distinction again. 

Amy Witherite, founding partner of Eberstein & Witherite LLP says of the accolade “I am very proud of Brandon and all the members of our legal team who have been selected for this distinction. Our commitment to working with excellent attorneys whose work ethic mirrors our mission to provide exceptional legal advocacy for our clients is demonstrated by this award.”

The Rising Stars list, which also includes profiles of each lawyer, appears in Super Lawyers Magazine, which is a national publication. The list is also published in prominent city and regional newspapers and magazines throughout the country.

Brandon graduated from Texas A&M’s School of Law, where he earned Dean’s List honors for two consecutive years. He works in the Dallas office of Eberstein & Witherite, and has gained extensive first chair experience in more than 65 jury trials throughout North Texas. Lavery and his wife Natalie live in Dallas with their daughter Quinn, and he enjoys playing soccer in his spare time.

ABOUT

Dallas-based law firm of Eberstein & Witherite, LLP, is experienced helping injured Texans and their families obtain compensation for damages sustained as a result of negligent individuals and large corporations. Their attorneys, and legal team are committed to providing the highest quality of legal representation in the area to ensure we deliver one thing: results.  Eberstein & Witherite excels in providing personalized service to our clients in business litigation suits, personal injury cases, and bad faith insurance claims. 

Media Contact
Lucy Tiseo

Eberstein & Witherite, LLP

Phone: 800-779-6665

Email: lucy.tiseo@ewlawyers.com

Connect with Eberstein & Witherite on FacebookTwitterLinkedIn, and Google+

source: http://www.dallastexaspersonalinjurylawyers.com/news/super-lawyers-texas-names-brandon-lavery-one-2017-rising-stars

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Dallas Child Pornography Criminal Defense Lawyer Talks About Dark Web

Dallas Child Pornography Criminal Defense Lawyer Talks About Dark Web

Dallas, 11/29/2016 /SubmitPressRelease123/

Do law enforcement agencies ever go too far in their efforts to catch criminals? That’s the question being asked in a case involving the Department of Justice and its decision to operate a child pornography site on the dark web.

Recently, a federal judge stated that he has “ethical and legal” concerns regarding the Department of Justice’s decision to take over a bulletin board on the dark web that allowed users to post and distribute sexual images of children. Known as “The Playpen,” the bulletin board operated anonymously, requiring federal agents to hack into it to trace posts and images back to individual users.

The DOJ argued that its agents didn’t actually create or post the images and that the DOJ’s takeover of the site was necessary to further its investigations. However, during the two-week period in which the DOJ ran the site in 2015, as many as one million images were distributed.

The DOJ’s operation, which went by the code name Operation Pacifier, has resulted in 214 active criminal cases against individuals caught using the site. Now, those cases are in jeopardy, as the court’s criticism of the DOJ may result in evidence gathered by DOJ agents being suppressed.

According to the court, the agents in Operation Pacifier engaged in criminal activity just as reprehensible as the individuals they purported to catch. The court also said that the DOJ knowingly violated the Rules of Criminal Procedure by failing to obtain warrants in the jurisdictions in which the crimes were occurring—instead relying on just one warrant issued by a judge in Virginia. The court claims that DOJ agents used this sole warrant to hack into 100,000 computers across 120 countries.

What Is the Dark Web?

The internet used by everyday people to send email and browse websites exists on what is called the “surface web.” This level of the internet is traceable and easy to reach with regular search engines like Google.

By contrast, the “dark web” is a shadowy network of anonymous servers that communicate far below the surface level of the internet. By altering IP addresses and sending information through a series of complex paths, the dark web makes it much more difficult to trace the origin of a particular piece of data.

This anonymity makes the dark web a haven for people engaged in criminal activity over the internet, such as child pornography, terrorism, and data theft.

Help for Computer Crime Charges

The foregoing case demonstrates how far federal agents are willing to go to accuse someone of committing a crime online. If you have been charged with a computer or internet crime, you need the help of an experienced Dallas Child Pornography Criminal Defense Lawyers. If you’ve been charged with Child Pornography, contact Broden and Mickelsen to discuss your case in private.

Broden & Mickelsen, LLP

2600 State St Dallas, Texas 75204

Main Phone: (214) 720-9552

Office Direction

Dallas Criminal Defense Lawyer on Facebook

SOURCE: Broden & Mickelsen

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Car Accident Lawyer – Will Legalization of Weed Make Our Roads More Dangerous?

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Boca Raton, FL, USA, 11/28/2016 /SubmitPressRelease123/

With the legalization of marijuana looming on many ballots across the country, Boca car accident lawyer Joe Osborne explains what the public should expect. Over the past few years, our country has retrieved much more data on the positive and negative effects of the use of marijuana. Marijuana is legal in a select number of states and has become legal in many others after voters voiced their opinions at the polls in early November. We as citizens need to be educated on how marijuana will affect the average person’s life, particularly on our roadways, says Boca Raton car accident lawyer Joe Osborne.

According to AAA Foundation for Traffic Safety “Fatal crashes involving drivers that recently used marijuana doubled in Washington after the state legalized the drug” This AAA statistic can certainly be explained by both sides of the pro and anti-marijuana conversation, but no one can argue that it adds an ever-growing variable to the roadways. The ideal situation for someone who gets behind the wheel is one that allows them to get to their destination without any injury or damage to their vehicle.

Additionally, as the use of marijuana is legalized more people who had previously followed the law will venture to try marijuana. With the number of users rising it doesn’t seem that long until more people will get behind the wheel of a car while under the influence. Instead of being drunk, they might be high or both. Neither of those two mental states seems like a preferred one to the rest of the public who you may share the road with.

Even though in 2015 the Drug and Alcohol Dependence Journal came out with a study that “viewed through a simulator and studied that individuals who drank alcohol were more likely to swerve out of their lane than pot smokers.” This quote may or may not support the Marijuana or Alcohol proponents but the objective of the study essentially is to find out what drug affects decision-making more.

Those who do follow the law and remain sober while driving will have to be aware of the possibility of increasing dangers says top car accident lawyer Joe Osborne. The best recommendation we can give is to drive in a defensive manner as well as make sure you seek legal advice if you’re met with these unwanted circumstances.

As the law changes in the upcoming months and marijuana does become legal it is also important to know if there is a legal limit in your state (ex: Alcohol is .08), and how much marijuana you are allowed to carry on your person. If you do happen to be involved in a car accident and marijuana plays a role in the accident or injury it’s important to pursue the best car accident lawyer; Joe Osborne and his car accident law firm thoroughly investigate your case and work to achieve a successful outcome.

Society can agree that drugs and alcohol should never be used while operating a vehicle. Not only are you putting your life in danger but you are risking the life of many innocent men, women, and children. Unfortunately, the citizens of this country will be forced to adjust to the abundance of high drivers.

If you or a family member have been injured in a car accident due to a driver under the influence in Miami-Dade, Broward or Palm Beach Counties and have any questions about accident law, contact Boca car accident lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.

Press Contact:
Personal injury lawyer Joseph Osborne
561-800-4020

source: http://www.oa-lawfirm.com/car-accident-lawyer-will-legalization-weed-make-roads-dangerous/

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Dallas Federal Crime Lawyer Says – When Is Speech Hate Speech?

Dallas Federal Crime Lawyer

Dallas, 11/28/2016 /SubmitPressRelease123/

Hate speech is often a poorly understood area of law. In many cases, hate crimes are prosecuted under federal law. If you have been charged with this type of crime, you should work with a Texas federal criminal defense lawyer

One of the fundamental tenets of the U.S. Constitution is the right to freedom of expression under the First Amendment. Modern Americans are so used to the notion that everyone should be allowed to freely express themselves, we sometimes forget how radical this idea was when the nation’s first lawmakers included it in the Bill of Rights.

We are all taught in school that we have a basic right to say how we feel—even in public. If you dislike something the government is doing, you can make speeches about it on the street corner or start a blog without fearing you will get arrested and thrown in jail for speaking out about the government.

But what about hateful speech? What about racial slurs and downright awful things that are offensive and inflammatory? Certain types of speech can be classified as “hate speech,” and they often fall into a gray area between protected speech and unlawful speech.

As with many areas of law, defining “hate speech” isn’t as straightforward as you might think.

The First Amendment Protects “Hateful Speech”

Although many phrases and saying are unkind and almost collectively frowned upon by our society, they are nevertheless protected by the First Amendment. In fact, there is no hate speech exception to the right to freedom of expression.

There are, however, narrow exceptions, including so-called “fighting words,” which the Supreme Court has held to mean a type of speech that is likely to lead to a physical fight. The Court addressed this in 1992 in R.A.V. v. City of St. Paul. Over the years, the Court has also prohibited speech that is likely to incite violence, as well as speech that includes threats to commit a crime, such as murdering someone.

One of the difficulties posed by “hate speech” is that it has been historically tough to define. The Supreme Court has approached it on a case-by-case basis, carving out narrow exceptions that aren’t always easy to apply to future cases. Because our system of laws values the freedom of expression, the Court must be careful to balance the right to speak against the right of all citizens to be safe from violence and persecution.

Hate Speech Overseas

In other countries, hate speech has a much narrower definition. In countries like South Africa, where racial tensions are a constant powder keg, lawmakers are considering a law that would criminalize hate speech by making racial slurs a criminal offense. If the law passes, hate speech as defined by the new statute would be a crime punishable by up to 10 years in prison. Currently, a white South African woman is facing charges and possible fines for using a racial slur directed toward two black police officers.

Hate speech is often a poorly understood area of law. In many cases, hate crimes are prosecuted under federal law. If you have been charged with this type of crime, you should work with a Texas federal criminal defense lawyer.

Broden & Mickelsen, LLP

2600 State St Dallas, Texas 75204

Main Phone: (214) 720-9552

Office Direction

Dallas Criminal Defense Lawyer on Facebook

SOURCE: Broden & Mickelsen

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How Defamation Can Play a Role in Criminal Cases

How Defamation Can Play a Role in Criminal Cases

Dallas, 11/28/2016 /SubmitPressRelease123/

The media has taken something of a beating from both political parties this campaign season. The debate over what constitutes “fair” or “accurate” reporting has highlighted why it’s so important for the public to be able to trust what they read in print and online, as well as what they hear news reporters say on television. After all, the media is often referred to as the “fourth estate”—meaning it is regarded as almost a fourth branch of government because it is so important for a thriving democracy.

Sometimes, however, journalists go too far. Although the media enjoys broad protection under the First Amendment, they are required to publish factual information. When journalists intentionally publish defamatory stories, they can be held legally accountable for engaging in something called “actual malice.”

Under a theory of actual malice, a publication—and often the author of a story or report—is liable for publishing material it knew was false, or published the material with a reckless disregard for the truth.

Recently, Rolling Stone magazine was hit with a major decision in a defamation case in a federal court in Virginia. The case was brought by a former dean of students at the University of Virginia, who was called out in a story published by Rolling Stone as being a “chief villain” in an alleged widespread rape cover up on campus.

The problem was that the story relied on just a single source—a woman called “Jackie” who was quoted in the story. Later reports revealed that the local police who investigated the woman’s account of a brutal on-campus sexual assault found no substantive evidence to support her claims.

A journalistic review of the story performed by the Columbia Graduate School of Journalism stated that Rolling Stone failed to engage in “basic, even routine journalistic practice.” In response, the magazine retracted the story.

However, the damage to the dean of students’ reputation was done. A lawyer for the dean stated: “This is a case about journalism; it’s not about rape or whether Jackie was assaulted at a fraternity house. It’s about what happens to real people … when they become collateral damage in a quest for sensational journalism.”

The dean of students has asked for $7.5 million in damages, which a jury will decide.

Defamation and Criminal Cases

Defamation—which includes both libel (print) and slander (spoken)—is a civil matter. However, defamation cases can spring up as a result of the media reporting on a criminal case, or in situations where a person or organization makes false statements or publishes false information about another. Perhaps one of the most infamous examples of this is the sexual assault case involving members of the men’s lacrosse team at Duke University. Several players and coaches later settled defamation lawsuits against the university and the prosecutor involved in the criminal case after evidence revealed that the prosecutor manipulated evidence and withheld DNA test results exonerating the accused players.

Get Answers Today

If you have been charged with a high-profile crime, defamation could play a role in your case. Get information about your rights by speaking to a Dallas criminal defense lawyer today.

Broden & Mickelsen, LLP

2600 State St Dallas, Texas 75204

Main Phone: (214) 720-9552

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SOURCE: Broden & Mickelsen

source: http://www.brodenmickelsen.com/blog/how-defamation-can-play-a-role-in-criminal-cases/

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