"People are naturally good." Jean-Jacques Rousseau

Indeed! A NYC taxi driver returned my phone. Yipppeeeeeeeee!

It's the First Monday of October, and it's Justice Kagan's first Term. It should be an interesting one. Lots of coverage all over the blogosphere on the different issues before the Court. I really like the video game issue from California:

The Supreme Court, wading into a thicket of free-speech and children's rights issues, agreed Monday to decide whether California can ban the sale or rental of violent video games to minors.

The court will review a federal court's decision to throw out California's ban. The 9th U.S. Circuit Court of Appeals in San Francisco said the law violated minors' constitutional rights under the First and Fourteenth amendments.

California's law would have prohibited the sale or rental of violent games to anyone under 18. It also would have created strict labeling requirements for video game manufacturers. Retailers who violated the act would have been fined up to $1,000 for each violation.
The law never took effect, and was challenged shortly after it was signed by Gov. Arnold Schwarzenegger. A U.S. District Court blocked it after the industry sued the state, citing constitutional concerns.

Opponents of the law note that video games already are labeled with a rating system that lets parents decide what games their children can purchase and play. They also argue that the video games — which the Entertainment Software Association says were played in 68 percent of American households — are protected forms of expression under the First Amendment.
The decision to hear this case comes only a week after the high court voted overwhelmingly to strike down a federal law banning videos showing animal cruelty. The California case poses similar free speech concerns, although the state law is aimed at protecting children, raising an additional issue that could affect the high court's consideration.

Off the grid

So I flying back to Miami today. I was in NY yesterday speaking to the National Association of Criminal Defense Lawyers at this conference. The panel discussion was really interesting... but more on that later.

Now I have to rant -- I lost my freaking cell phone. I never realized how addicted I was to the thing. I have the shakes. I'm sweating. Sheesh.

Luckily, the NY airport has a bunch of computers available for a quick fix. I guess I'm not completely off the grid.

Enjoy your Friday afternoon. Here's some reading for the weekend to get ready for the First Monday in October:

1. High-profile cases fill Supreme Court docket.

2. Alito is against cameras in the courtroom.

3. 7th Circuit considers Conrad Black's case.

Really?

The Humane Society says there is a "massive resurgence" in crush videos since the Supreme Court struck down the animal cruelty video statute last Term 8-1 in U.S. v. Stevens.

Really? Who watches these things?

For those of you who forgot, crush videos involve women in high heels stomping on small animals.

Yikes!

In response to Stevens, the Senate just passed the Animal Crush Video Prohibition Act of 2010, which criminalizes the creation, sale, distribution, advertising, marketing, and exchange of animal crush videos. The penalty is up to seven years in prison.

This section, unlike the one at issue in Stevens, seems much more likely to pass a First Amendment challenge. We will see soon enough.

HT: BLT.

Baby steps

It's time for there to be cameras in federal courtrooms, especially the Supreme Court. And it will happen soon. But first, we'll have audio the same day as arguments.

Some other quick hits:

Anna Nicole is back before the High Court.

Al Capone walked again.

It's raining.

Formal Friday in Jacksonville.

A significant number of FBI agents cheated on their exams, even though it was open book.

Your friendly neighborhood blogger....

...is back from the Middle District.

Thanks to Professor Bascuas for the great posts while I was out.

I'm looking at the huge pile of mail, email, and calls that I need to wade through right now. So I will be back to post in a little bit.

In the meantime, you may want to check out this new album that came out today!