Site Map - Legal Issues

Corporate aviation

- The House Transportation and Infrastructure Committee's Subcommittee on Aviation held a hearing to discuss whether general aviation, which includes corporate and private aircraft, will be allowed to operate out of Ronald Reagan Washington National Airport. Most of the witnesses represented industry groups and were in favor of returning general aviation to the airport immediately.


- In a case recently decided in Wales, United Kingdom, the High Court of Justice has ruled that it has jurisdiction over an Internet libel lawsuit. (King v. Lewis, High Court of Justice, Queen's Bench Division, No. [2004] EWHC 168 (QB), 52, 2004)

Negligent hiring

- (Elliott v. Titan Security Service et al, Illinois Court of Appeals, No. 1-01-4226, 2004)

Quick Bytes: Online spam glutton.

- The CAN-SPAM Act, intended to choke off the onslaught of junk e-mail, has generated copious commentary, criticism, congressional statements, and controversy. Now all that has been collected into one place: the CAN-SPAM Library at, a site created by attorney Douglas M. Isenberg to serve as a compendium of legal information related to the Internet. The library includes the text of the law and its legislative history, as well as links to relevant litigation, Federal Trade Commission regulations, and research reports. @ Link to the CAN-SPAM Library through SM Online.

Free Speech

- A federal appellate court has ruled that a Virginia state law is unconstitutional under the First Amendment. The law would make it illegal to disseminate information over the Internet that might be harmful to minors. The decision affirmed a U.S. district court ruling. (PSINet v. Chapman, U.S. Court of Appeals for the Fourth Circuit, No. 01-2352, 2004)


- The California Court of Appeal has ruled that an Internet message board is a public forum and that a posting critical of a publicly traded company or its management practices is of public interest and cannot be censored. The lawsuit concerned alleged defamatory statements posted on an Internet message board. (National Technical Systems, Inc., v. Schoneman, California Court of Appeal, No. B162794, 2004)

Internet decency

- Lawmakers in Utah have approved a bill (H.B. 341) that will prohibit libraries from receiving state funds unless they install Internet filters on library computers. The Utah bill is the first state bill to be modeled on the federal Children's Internet Protection Act of 2001. The Utah bill will only affect computers used by the public; computers used only by staff are exempt from the bill.


- (Bryson v. Banner Health System, Alaska Supreme Court, No. S-10653/10673, 2004)

Premises liability

- Average jury awards are down over a recent 10-year period.

Noncompete agreement

- A federal appeals court has ruled that a man who started his own business did not violate his noncompete agreement with his former employer when he solicited business within the employer's target sales area. The court ruled that merely soliciting business does not violate the agreement. To do so, the man's business must be physically located within the target sales area. (United Rentals v. Keizer, U.S. Court of Appeals for the Sixth Circuit, No. 02-1580, 2004)

Corporate liability

- (Cariglia v. Hertz Equipment Rental Corporation, U.S. Court of Appeals for the First Circuit, No. 02-2199, 2004)

First Amendment

- A federal appeals court has ruled that an employer who fired a worker for making false sexual harassment claims against his supervisor cannot be held liable for violating that employee's First Amendment rights. The court ruled that the internal investigation into the plaintiff's actions was sound and proved that the plaintiff had attempted to enlist other employees to backup the sexual harassment story. Also, the plaintiff's actions were legitimate grounds for dismissal. (Johnson v. State of Louisiana, U.S. Court of Appeals for the Fifth Circuit, No. 03-30087, 2004)

Nuclear security

- Two identical bills (H.R. 4212 and S. 2310) introduced by Rep. Adam Schiff (D-CA) and Sen. Dianne Feinstein (D-CA), respectively, would establish a task force on nuclear material removal within the Department of Energy.

Beyond Print

SM Online

See all the latest links and resources that supplement the current issue of Security Management magazine.