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Rulings The U.S. Supreme Court on May 5 rendered decisions in the following cases: CONSTITUTIONAL LAW In a unanimous decision, the Supreme Court reversed the Illinois Supreme Court’s judgment that the state attorney general’s suit against for-profit fundraising corporations was an attempt to regulate fundraisers’ ability to engage in an an activity that is protected by the First Amendment, based upon the fact that the fundraisers would retain 85% of the gross receipts from Illinois donors. Illinois ex rel. Madigan v. Telemarketing Associates Inc., No. 01-1806. The court remanded the case on the ground that states may maintain fraud actions when fundraisers make false or misleading representations designed to deceive donors about how their donations will be used. Justice Ruth Bader Ginsburg wrote the opinion. Justice Antonin Scalia, with whom Justice Clarence Thomas joined, concurred. CRIMINAL LAW In a per curiam decision, the court vacated the Texas Appeals Court’s judgment convicting a defendant of murder and denying the defendant’s motion to suppress his confession as the result of an illegal arrest. Kaupp v. Texas, No. 02-5636. The court remanded the case on the ground that the 17-year-old defendant’s removal from his home in the middle of the night to visit the crime scene and then being taken to a police station for questioning constituted an illegal arrest because the police lacked probable cause. The officers had been unable to obtain approval for a warrant to arrest the defendant. “A group of police officers rousing an adolescent out of bed in the middle of the night with the words ‘we need to go and talk’ presents no option but to go,” the court said. CERT. GRANTED The justices also agreed to hear arguments in the following cases: PRIVACY The court will consider whether the Office of Independent Counsel properly withheld photographs of former Deputy White House Counsel Vince Foster’s body as “an unwarranted invasion of personal privacy” under exemption 7(C) of the Freedom of Information Act. Office of Independent Counsel v. Favish, No. 02-954. The office refused Allan Favish’s FOIA request for 10 post-mortem photos from police investigative files under exemption 7(C), and a California district court agreed. The 9th U.S. Circuit Court of Appeals reversed, agreeing that Foster’s family’s privacy interest must be balanced against the public interest in knowing the cause of Foster’s death, but remanded the case for an in-camera inspection of the photos. The justices will also hear arguments on what types of roadblocks police can run in the wake of the court’s ruling in Indianapolis v. Edmond, which prohibited roadblocks for general law enforcement purposes. Illinois v. Lidster, No. 02-1060.

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