Reported Cases
Mendoza v. Licensing Board of Fall River,
444 Mass. 188 (2005):
Massachusetts' highest court held that the Massachusetts Constitutional guarantee of freedom of expression provides greater protection for nude dancing than the First Amendment to the United States Constitution and overturned a local indecency ordinance; court awarded $158,000 in attorney's fees.
Banco Nacional de México, S.A. v. Mario Renato Menéndez Rodriguez, Al Giordano and The Narco News Bulletin, Supreme Court of the State of New York, Index No. 603429/00, Decision and Order December 5, 2001:
Court held that a website and its writers are entitled to the same First Amendment protections as a newspaper or magazine; motion to dismiss granted on the ground that the plaintiff bank failed to provide sufficient evidence of actual malice.
Commonwealth v. Dery, 452 Mass. 823 (2008):
In an amicus brief specifically acknowledged by the Court, Bill Newman, on behalf of the ACLU of Massachusetts argued that the defendant had the right to waive his right to a jury of less than six persons in a District Court trial. The Supreme Judicial Court agreed.
Commonwealth v. Carkhuff, 441 Mass. 122 (2004):
In the state's first post 911 search and seizure case, Massachusetts' highest court held that a warning from the federal Office of Homeland Security did not justify the stop of a automobile without any paritularized suspicion and without notice (with Attorneys John Reinstein and Ryan Alekman).
Demarest v. Athol-Orange Community Television, 188 F. Supp. 82 (D.Mass. 2002):
The federal district court ruled that a citizen-journalist for local community access television had the same rights as other members of the media and that local cable access television could not discriminate against on the basis of the content of programs (with Attorney Harris Freeman).
Rotkiewicz v. Sadowsky, 431 Mass. 748 (2000):
This case established that police officers are public figures for purposes of defamation law in Masschusetts (amicus brief with Attorneys Carol Rose and Robert Bertsche).
*Commonwealth v. Rodriguez, 430 Mass. 577 (2000):
The Supreme Judicial Court held that drug interdiction roadblocks violate the Massachusetts constitutional guarantee against unreasonable searches and seizures (amicus brief with Attorney Carol Donovan).
*Commonwealth v. Pyles, 423 Mass. 717 (1996):
The Supreme Judicial Court held that the state district court dispositional practice of continuing a case without a finding for dismissal over the Commonwealth's objection was permitted by statute and did not violate the separation of powers doctrine (amicus brief with Attorney Daniel Bronstein).
*Pyle v. School Committee of South Hadley, 423 Mass. 283 (1996), previously reported at 55 F. 3d 20 (1st Cir. 1995), 861 F.Supp. 157 (D.Mass. 1994) and 824 F.Supp 7 (D.Mass 1993):
The Supreme Judicicl Court ruled that the state Student Freedom of Expression law guaranteed Massachusetts high school students the right to express themselves in words and symbols notwithstanding the displeasure of school administrators (with Attorney John Reinstein).
Kennedy v. Kennedy, 400 Mass. 272 (1987):
In a domestic relations contempt action a prevailing plaintiff is entitled to full attorney's fees under a private attorney general theory (with Attorney Jonathan Shapiro). Case previously reported at 23 Mass. App. Ct. 176 (1987); 20 Mass.App Ct. 559 (1985); 17 Mass. App. Ct. 308 (1983); 10 Mass. App. Ct. 113(1980).
Commonwealth v. Brugmann, 13 Mass. App. Ct. 373 (1982):
Although the Appeals Court upheld the conviction and fine of the protesters, the Court ruled that the necessity or competing harms defense was a recognized defense to a criminal charge in Massachusetts.
Bezio v. Patenaude, 381 Mass. 563 (1980):
In the first appellate case in Masschusetts to address the rights of gay parents, the Supreme Judicial court held a mother's sexual orientation could not be considered a negative factor in evaluating her abilities and rights as a parent (with Attorney Wendy Sibbison).
Commonwealth v. Bastarache, 382 Mass. 86 (1980), previously reported at 10 Mass.App.Ct. 499 (1980):
The Supreme Judicial Court held that young people must be proporitonately represented on juries and grand juries in Masschusetts. The case helped lead to the abolition of the "key-man" system for selecting jurors in the Commonwealth.
*These cases were litigated by one of the partners in his capacity as the Director of the Western Regional Office of the American Civil Liberties Union of Massachusetts.