Tuesday, March 22, 2011

Will the US Supreme Court in Fox v Vice Close the Door to Future Civil Rights Lawsuits?

From a People for the American Way "People For" article, which doesn't offer reader commenting:
 "Today, the Supreme Court is hearing hear oral arguments in Fox v. Vice, a case that threatens to choke off future civil rights litigation. People For the American Way Foundation has joined an amicus brief protecting the right of people to sue to protect their basic rights.
In a federal civil rights lawsuit, where the government or a government official is being sued, a trial court can sometimes order the plaintiff to pay the defendant's legal fees. The law allows this if (1) the defendant is the prevailing party and (2) the plaintiff's case was frivolous. In Fox v. Vice, the Supreme Court is being asked to interpret this law. The potential exposure to paying a defendant's legal fees serves as an obvious deterrent to bringing suit, and it's important, therefore that it be narrowly construed in order not to violate Congress's intent to empower people to vindicate their rights in the courts."
An American's civil rights is an integral part of our US Constitution's Bill of Rights, and many people have fought hard to improve voting rights across the country.  A court verdict mandating a plaintiff that loses a case to pay all of the winning defendant's legal fees, whether that case is deemed frivolous or not, would be a major obstacle or deterrent to many future civil rights cases.

Remember, "voting turnout and activism means spreading the word!"

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