U.S. Eleventh Circuit - The FindLaw 11th Circuit Court of Appeals Opinion Summaries Blog

October 2015 Archives

Refusal to Quash Subpoenas Ruled 'Abuse of Discretion' by 11th Circ.

In a case that is somewhat reminiscent of Citizens United, which revolves around the amorphous notion what constitutes valid speech, the 11th Circuit just ruled that a lower court abused its discretion when it did not quash subpoena's against state officials and granted them the benefit of doubt of privilege.

The subpoenas were directed at lawmakers; they alleged that the Act violated the First Amendment rights of the Alabama Education Association (AEA) because of alleged bad faith.

A lifetime ban on Internet and pornography is not unreasonable punishment for a man caught sharing child pornography, the Eleventh Circuit ruled on Wednesday. In 2013, Glen Sterling Carpenter was caught downloading and possessing child pornography. He was sentenced to eight years in prison and a lifetime of supervised release.

That release included two special conditions: Carpenter may never again possess a device capable of connecting to the Internet and he many never posses any sexually explicit material whatsoever. On appeal, the Eleventh Circuit upheld his punishment, finding nothing unreasonable about it.