From a court case about free speech to scams using fake caller IDs, and a major focus on mental health in the legal field — here are some important recent legal updates you should be aware of.
Michigan Driver Wins Free Speech Case Over Hand Gesture
A Michigan woman who flipped off a police officer after receiving a ticket has won her case on free speech grounds. Initially, the officer had issued her a non-moving violation ticket. However, after she made the rude gesture, he stopped her again and issued a speeding ticket.
Recently, a three-judge panel from the U.S. Court of Appeals for the Sixth Circuit ruled that the driver’s gesture was protected by the First Amendment. Judge Jeffrey Sutton wrote, “Fits of rudeness or lack of gratitude may violate the Golden Rule, but that doesn’t make them illegal or punishable.”
The court concluded that any reasonable officer would know that showing the middle finger is considered protected speech, and the second stop was unlawful.
Caller ID Spoofing: A Growing Threat
Caller ID spoofing has become a serious problem. According to the Federal Communications Commission (FCC), spoofing is when a caller deliberately changes the information displayed on your caller ID to disguise their identity.
Spammers often use spoofing to commit IRS or bank fraud. Victims might even Google the number and mistakenly believe it is a real one because scammers use legitimate-looking numbers.
Important advice:
- Be skeptical of any caller asking for personal information or demanding immediate money transfers.
- Never trust a call just based on the phone number.
- If unsure, hang up and call the official number printed on your bank card or visit an official government website.
U.S. Supreme Court to Decide on “Fuct” Trademark Case
A group of California skateboarders wanted to trademark the brand name “Fuct” for their clothing line. However, the U.S. Patent and Trademark Office refused, saying the word was “scandalous” and “immoral.”
A federal appeals court later ruled that trademark applications cannot be denied simply because they are considered offensive. Now, the U.S. Supreme Court is set to decide the case.
This case is expected to revisit a 2017 decision where the Court ruled that federal law cannot bar trademarks that insult or show contempt toward people, supporting the rights of free expression.
Lawyer Wellness: Addressing Substance Abuse in the Legal Profession
Substance abuse remains a major concern among lawyers. A 2016 national study found that problem drinking rates among lawyers are more than three times higher than in the general population. The legal profession continues to address this issue seriously.
Steven Wall, managing partner at international law firm Morgan Lewis, was recently featured in a CNN story about his personal struggles with alcohol and how rehabilitation helped him regain control over his career and life. Wall’s firm supported him through his recovery, and he continues to serve as managing partner.
The American Bar Association (ABA) launched a “Well-Being Pledge Campaign,” encouraging law firms, law schools, and corporations to recognize and address substance abuse through a seven-point framework.
In Wisconsin, the State Bar’s Wisconsin Lawyer Assistance Program (WisLAP) offers confidential help to lawyers, judges, law students, and their families. They focus on helping individuals before issues negatively impact their lives and careers.
From safeguarding free speech to protecting yourself against caller ID scams, and addressing mental health in the legal profession, these legal developments show how laws adapt to protect rights, prevent fraud, and promote well-being. Staying informed about these changes can help you make better decisions, both personally and professionally.
