Law Archives | Page 4 of 6 | SBEMP Attorneys LLP

Contract Modification Law

Whether a contract is written or oral, it is usually possible to modify it at a later date if required. Contract modification can be done when all parties to the contract are agreeable to making a change in one or more of the original terms of agreement.

Depending on the situation, the contract can be modified in part or in whole. It may be modified either before the parties have signed or after it has been formalized. If any party to the contract disagrees to a contract modification, the changes to the contract may not be enforceable. But if valid medications to the contract have been made, they will be binding as per the contract laws.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.

Tips for Contract Modification

Modifications before Signing

If the contract is to be modified before it has been signed, you should consider the following tips:

Identify any contractual clauses that you believe may be unfair or biased against you.
Prepare a list of the modifications that you think are required.
Present the changes exactly as you wish them to appear in the contract.
Note down the location, time, and date when you decided upon the modifications.

Try to evaluate how the modifications will impact the contractual rights of yours and other parties in the future.

Modifications after Signing

Make a note whether you or another party to the contract has already started carrying out their contractual obligations. For instance, if the other party has already made delivery of a consignment, make a note of the delivery.

Evaluate how the changes to the contract may impact the contractual duties that have been performed already.
After signing, contract modification can be somewhat more difficult. Be prepared for negotiations and present your reasoning for the changes.
Make sure that all the modifications are in conformance with the contract laws. For instance, if the contract is required to be in writing as per the statute of frauds, then any modifications to the contract should also be in writing.

In exceptional situations, contract modification may not be permitted, such as when the contract contains a clause that prohibits any future modifications.

Need to Hire an Attorney for Contract Modification

It is best to consult with an experienced contract law attorney if you wish to modify a contract. Prior to presenting any proposed changes to the other party, speak to your lawyer.

If the changes are substantive and will impact the performance of the agreement in a significant way, it is particularly useful to have a knowledgeable contract lawyer by your side. They will help you review and draft the modifications so that the contract satisfies your requirements more effectively.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

Contact Us

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Finding the Best Divorce Lawyer

If you are considering hiring a Palm Springs attorney for your upcoming divorce, one of your key concerns is likely to be the cost. There are several different aspects related to the matter of lawyer’s fees in divorce cases. For example, if you hire a divorce lawyer to handle the entire case from start to finish, the costs would be higher than if you hire a consulting lawyer to handle only a portion of the case.

What is the Hourly Rate of Divorce Attorneys in Palm Springs, California?

Almost all divorce lawyers charge by the hour (instead of a flat fee) because every case is unique. Even if your situation looks quite similar at the first glance to another couple, it doesn’t mean you will get the same outcome.

On paper, you and your spouse might look similar to another couple – in both cases, there might be a two-income household with 2 children and jointly-owned home. However, you and your spouse might agree to compromise and settle the entire case after a couple of meetings. Meanwhile, the other couple’s case could turn into a bitter divorce that drags on for years!

The hourly fee rates charged by lawyers are not set by law, and it’s a matter of contract between you – the client – and your lawyer. There are certain regulations to ensure an attorney doesn’t charge “unfair” fees, but generally speaking, the State Bar has little to do with the attorney’s hourly rates.

A divorce attorney with a substantial experience (15 years or more) or special expertise is more likely to charge a higher hourly fee. This is not surprising considering these attorneys invest significant time, money, and energy in staying on top of California’s family law. You will be better off hiring such a seasoned divorced lawyer than someone who is less skilled and experienced.

It’s important to discuss the attorney’s fees before hiring them if you have to be budget-conscious. Their hourly rate coupled with total time spent on your case will determine the final amount you’ll pay.

What do Divorce Lawyers Bill for?

Your Palm Springs divorce lawyer will bill you for everything they do in connection with your case, such as:

Every communication you have with them (whether by email, text, or phone)
Every time they have to communicate with your spouse (in case your spouse is self-representing), spouse’s lawyer, or anyone else involved in your divorce case
Drafting settlement agreements
Requesting documents or information, and conducting depositions
Performing research and reviewing documents

Preparing for and appearing at court hearings and trial
Performing follow-up work post-trial

Is there a Retainer for Divorce Lawyers?

Almost all divorce attorneys will ask for an advance on their fees when you hire them – this fee is called a retainer. Depending on the lawyer you hire, a retainer may be anywhere from $2,000 to $5,000.

In order for the attorney to devote their attention and energy to the divorce case, they need to be assured of continuing payment as they handle your case. If they are afraid that you won’t be able to pay them, they are less likely to do their best work.

If your case gets resolved and there is an unused portion of the retainer that the attorney didn’t have to work for, they will refund that portion of your money.

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For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Tort Law

Tort law is the area of law that gives protection to people from bad acts of others. When a person commits a tort, civil law is violated. If a person is injured or hurt by someone else’s unlawful act, they can make a claim for compensation against the person who has committed the tort.

The aim of tort law is to make sure that wrongdoers are required to compensate for the damage that they cause instead of the victims.

Tort Law is Not Criminal Law

A tort may be a crime. However, tort law is not criminal law. Tort law grants a sufferer a civil remedy in the courts. At times, a tort is also a crime. Whether or not the state carries out criminal charges, a person can always go in for a civil remedy in the courts.

A litigant does not require the permission of a district attorney or prosecutor to start a court action. In its place, they formulate a complaint. This is the document that keeps a record of what the other party did wrong. It requests for the relief that is allowed under the law. A tort action starts when the person files for the claim in a court of law.

The Damage is not Always Physical

Physical injuries are only one kind of damages from a tort. A person may experience emotional injuries also. They could have lost their privacy, their peace of mind, or even their personal reputation or business. Any of these emotional or physical losses might give a person sufficient reasons to ask for a claim for recovery under tort law.

Types of torts

There are several varieties of torts. They can be categorized as follows:

Negligence

Every person in society has a responsibility to behave and perform in a way that does not cause any unreasonable danger to others. When a person acts in an irrationally dangerous way, they act neglectfully. When their careless act hurts someone else, they can be held liable. Some of the ways that negligence can happen are:

Medical malpractice
Car accidents
Falling objects
Slip and falls
Construction accidents
Failing to provide appropriate security at an event

Product Liability

Companies and people that manufacture and sell products have a responsibility to plan and manufacture them safely. If you are the victim of a product that is defective, you usually do not have to prove neglect. In its place, you simply have to prove that you are hurt due to the defective product.

Intentional torts
Battery
Assault
Intentional infliction of emotional distress
Property
False imprisonment
Trespass
Premises liability – the duty to keep your property safe
Invasion of privacy
Dignitary torts
Defamation
Malicious prosecution

Common Law and Statutory law

Tort law can come from both common law and statutory law. Common law refers to the general law of justice and fairness that advances through court decisions over a period of time. Largely modern tort theories of negligence are derived from common law. Courts today still support common law principles.

Tort law can also come from statutory law. It implies that a legislative body might pass a law that makes changes in common law. They might also pass a law that forms a brand new tort.

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For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Tax Law

Tax law refers to is the practice of law that is related to the payment of taxes and assessment. Tax laws originate from a wide variety of sources. They come from state, federal, and local authorities. They are created in federal and state constitutions, regulations, and laws. Tax law consists of comprehending, applying and defending the payment or non-payment of taxes.

Tax attorneys assist their clients to comprehend tax laws and carry out their affairs in a manner that is beneficial with respect to tax laws. When disputes happen, tax lawyers aid their clients defend their rights as well as protect their interests. Tax law is the understanding and application of tax laws that may influence both corporations and individuals.

Types of Tax laws in the United States

There are several different kinds of taxes in the United States. A tax lawyer can assist their client in any of the following kinds of disputes of tax:

Estate tax
Income tax
Business tax
Taxes that promote environmentally sound activities
Property tax
Capital gains tax
Import tax
Taxes on gifts
Vice tax or sin tax
Employment and payroll tax

Individual and Business Tax Laws

Both businesses and individuals pay tax in the United States. Usually, taxes are based on the value of an entity. For instance, the higher a person’s income, the greater they pay in income taxes. The structure of the US federal income tax levies higher tax rates for higher levels of income. Even a system of flat tax evaluates additional tax as the value of an article or sale goes up.

A tax assessment could be simple or complex. For instance, the US income tax code makes allowances for exemptions and deductions. If you invest in a 401k, you would be able to make deductions of your contributions from your income.

You may be also able to subtract from your taxes for high medical expenses, the cost of an adoption, or even the cost of raising a child. On the other hand, a tax may be a simple percentage of the value of an item or account.

Taxes in the United States are chiefly self-assessing. For example, anyone can report their individual income sources and claim deductions. They can file their own tax return. The US government may decide to audit someone’s taxes, but the rate of audit rate is very small in comparison to the number of tax returns that are filed very year.

At times, the government may decide what tax to assess. Even non-resident US citizens are required to pay their taxes. Americans living abroad should file their tax returns. Tax law comprises of knowledge as to how to challenge a tax assessment or justify a self-reported payment of tax.

Income Tax Law

US income tax laws can be found in the Internal Revenue Code. The Internal Revenue Service (IRS) comes under the US Department of Treasury. The IRS manages the US tax code and gathers taxes. US tax law makes use of a graduated tax rate for personal income taxes.

When a person earns more, they will be required to pay a higher tax rate on the money that they make. There are important exemptions and deductions that may have an impact on the final liability of the taxpayer

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Statutory Law

Statutory law refers to the law that is written by a legislative body. It is the law created deliberately by the government through chosen legislators through an official process of legislation. The judiciary is responsible for the interpretation and the enforcement of statutory law, but the judiciary cannot create statutory law.

Laws created by statute are usually codified. That implies that they are all assembled in one place and allotted numbers for the purpose of reference. For instance, the United States Code is the indexed collection of US law. States have their own groups of codes and statutes.

What is not Statutory Law?

Statutory law refers to the law that is created firmly by a legislature and then formulated into law. Representatives contemplate what they think the law should be. They devote time to planning, preparing, editing, and then finally passing the law. To comprehend statutory law, it is helpful to recognize what it’s not:

Common Law

Common law is law that is created by the judiciary over a period of time. It is not approved by a legislative body. Instead, case by case, the judiciary decides what they think are sound principles of law.

When these principles are applied, individually, in real cases, common law comes into existence. This is not statutory law. Statutory law is created in a single act by a legislative body. It is not fragmentary like common law. Rather, statutory law either exists, or it does not.

Administrative law

Administrative law refers to the body of law that is formulated by executive agencies. Legislators sanction the agencies to exist. They permit the agencies to create their own rules in their respective areas of governance.

A body of Law can be Both Statutory and Common law

In some instances, a part of law develops through common law. Then, lawmakers turn up and make additions to the law through statutes. They may not entirely overrule or even write out the existing state of the common law. As an alternative, they may simply explain it and add to it.

How the Courts Interpret Statutory Law

When the courts embark to understand a statute, they begin by looking at the plain language of the law. If the law is sharp and well-defined, the courts bring to a close that the law implies what it says. The courts assume that the legislature wants to give meaning to every word in the law. They refuse the idea that the legislature would have put in extra words anything that they do not mean.

The courts attempt to follow the goal of the legislature. In some situations, a court might cancel a statute, in case they find that it is unconstitutional.

Who can Create Statutory Law?

Statutory law can be created at all levels of government It may come from state, federal, and even local governments. A government can formulate a statute that is applicable in its jurisdiction and to the lower levels of government. For instance, the federal government can make a law that is relevant all through the United States. The states can create laws that will be applicable to only their states.

Cities, townshipsm and other municipalities can formulate laws that will be applicable within their borders. A municipality cannot cancel a state or federal law. Similarly, a state cannot cancel a federal law.Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Procedural Law

Procedural law refers to the collection of rules that regulate how courts conduct their business. All types and levels of court use procedural law. It determines how courts hear cases. Moreover, it also lays down what a party must do to bring their case before the court.

Civil Procedure

The largest body of procedural law is perhaps the civil law procedure that applies to a federal or state court. Civil procedures regulate everything from how to start a case to how to appeal it. Some of the most common facets of the civil procedure are as follows:

Initiating a case

A civil case begins when a party drafts a complaint. They will need to allege all the claims that they want to bring. They must understand what each claim should contain to prepare documents accurately. A case starts by filing the case in the appropriate court. The individual bringing the case should officially serve the other side with a copy of the documentation.

Responding to a complaint

Upon receiving a notice that they are being sued, a person will have a limited amount of time to reply to the complaint. If they do not reply, they might lose their right to participate in the proceedings.

A reply to a complaint must acknowledge the other side’s allegations, refute them, state that there is no response necessary, or state that they do not have sufficient information to be able to reply.

Discovery

Discovery enables both sides of a lawsuit to understand the case and build their evidence. In procedural law, discovery aims to narrow the issues in the case. Both sides are more likely to be able to arrive at a non-trial resolution with an understanding of the evidence in the case.

This process enables the parties to understand the case prior to trial. Sometimes the discovery process allows parties to resolve the case without the need for a trial.

Motion practice

The parties might ask the court to make specific decisions ahead of the trial. They might ask the court to include certain evidence by making a preliminary motion.

A motion for summary disposition requests the court to decide the case on the basis of the law when there are no material issues in dispute. A motion for summary disposition might lead to dismissal of the case or result in a judgment without trial.

Criminal Procedure

The state attorneys, as well as the accused, must follow criminal procedure as prescribed by law. Criminal procedure is initiated when an individual gets arrested. There is a limited period of time that the police can detain someone without presenting them before a judge or magistrate. The state cannot hold a person indefinitely without charges.

Criminal procedures differ on the basis of the jurisdiction that is hearing the case. They also differ based on the type of violation or crime.

Most states have procedural regulations meant to help crime victims. A crime victim usually has the right to notice of the proceedings in the case. They also have a right to restitution for their financial loss as well as the right to address the court at sentencing.

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For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Personal Injury Law

Personal injury law is the area of civil law that enables people to bring a legal claim when they are hurt due to the wrongful actions of someone else.

Personal injury law requires individuals who are responsible for an accident to pay for the damages that they cause. This body of law aims to use money to compensate victims when they are hurt because of another individual’s negligent or intentional act.

Personal injury law is not criminal law

While personal injury law and criminal law may have some commonalities, a personal injury case is not a criminal case.

An individual who is the reason for an injury may face criminal charges as well as a civil personal injury suit. For instance, drunk driving is a personal injury case that may also be a crime.

Negligence, recklessness or intentional conduct is the basis of personal injury law

Negligence, recklessness and intentional conduct can all grounds for personal injury liability.

Negligence

The failure to be careful is negligence. It is based on how an ordinary individual should behave in similar situations. It is not necessary that people have to behave perfectly or predict harm. Rather, the law evaluates what is reasonable in any given circumstance.

Recklessness

Recklessness refers to engaging in behavior that a person knows or should know is likely to cause harm. It is distinct from negligence as an individual acting in a reckless manner should know that their conduct is harmful. For instance, a car crash may occur due to reckless or negligent conduct.

Intentional conduct

Intentional conduct refers to behavior that purposely causes harm to another. For example, an assault and battery is intentional conduct.

What do I have to prove to win a personal injury case?

The victim must prove four things to win a personal injury case based on negligence, namely, duty, breach, causation, and damages. This means that the victim must prove that someone else was not careful enough in a manner that caused their injuries.

First, the victim must show that the individual responsible had a duty to act cautiously in the given circumstance. For instance, a driver is duty-bound to drive carefully as they are not the only one who can get hurt when on the roads. In addition, the victim must show how the other individual breached their duty of care.

Examples of Personal Injury Cases

Car accidents
Assault and battery

Dog bites
Medical malpractice
Failure to warn of dangers with a product
Intentional infliction of emotional distress
Boat accidents
Slip and fall accidents
Defective product design
Defective product manufacturing
Defamation of character
Other types of accidents

Comparative negligence and contributory negligence in personal injury law

In case an individual is partially responsible for an accident, they may be able to recover a reduced amount of their overall damages. Comparative negligence and contributory negligence laws differ significantly between states.

If the defendant believes that a victim also contributed to the accident, they must voice the question in the court proceedings and present proof as a defense in the case.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Patent Law

Patent law pertains to the body of law that encompasses an inventor’s exclusive right to use their own invention. Patent law aims to encourage new products and inventions by providing creators with the legal light to use and profit from the things that they develop.

Patent lawyers assist clients in applying for patents, enforcing patents, and challenging them. Patent law forms a part of intellectual property law.

What is United States patent law?

Patent law is US federal law, and it comes from the US Constitution as well as from federal laws passed early in American history.

An inventory receives a US patent by applying for one with the United States Patent and Trademark Office. In case an application is successful, the patent holder attains the exclusive right to use and profit from their invention for the next two decades.

The patent holders may challenge any individual or company who tries to infringe on their patent rights. Patent law involves litigating the dispute when a patent holder accuses another individual or company of patent infringement.

Article 1, Section 8 of the US Constitution provides Congress with the power to establish a system for awarding patents in the US. The Constitution states that Congress may encourage progress in the arts and science by enabling creators to have exclusive use of their creations.

Title 35 of the United States Code develops more specific laws for the US patent systems.

What types of things qualify for a patent?

Four types of inventions are eligible for patent protection. These are as follows:

Process: Also known as a method, a process is a new way of doing things.
Machine: A machine refers to a concrete object or device. It creates a function or produces an outcome
Manufacture: A tangible object or item.
Composition of matter: A composition may be the outcome of chemically combined materials or a mixture.

The laws of nature, description of physical phenomena, and esoteric ideas are not eligible for a patient. Additionally, a patent must be novel, which means that it must be unique. An item or idea is ineligible for a patent if it is apparent or common.

An individual cannot receive a patent on an item that is already common simply due to the fact that no one thought to patent the item yet. There must be something creative or special about the invention.

Patent infringement and enforcement

A patent holder who thinks that someone has infringed on their rights has various avenues to pursue enforcement. They may seek court action. There is an extensive range of remedies available in the court system, including injunctions, financial remedies, and the court’s powers of contempt.

Further to court actions, a patent holder can also file a complaint with the United States International Trade Commission (ITC). The ITC can investigate the claim and pursue two remedies, including barring imports into the US and issuing a cease and desist order for imports. Patent holders may pursue ITC enforcement as well as legal remedies.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Parliamentary Law

Parliamentary law refers to a collection of laws, procedures, and rules that organizations use to undertake business. Parliamentary law is the set of rules that a private or public group utilizes to conduct meetings or otherwise undertake their routine affairs.

Parliamentary attorneys facilitate the use of parliamentary laws. Additionally, they assist their clients in challenging decisions when the procedure used to arrive at those decisions may be under contention.

Parliamentary law makes an organization run in a consistent manner

All organizations must have rules in place for how to accomplish tasks. There must be a procedure for how long to conduct a meeting. In order to function effectively, there should be rules for how to introduce new laws or concepts. In addition, organizations must have voting procedures for their membership.

It is not just enough to elect representatives to a private or public body. Every governing body requires rules for how to undertake their affairs. The rules for conducting these affairs are essential for the effective functioning of an organization.

They are also vital so that those governed by the body or a member of the organization can have trust in the fairness and legitimacy of the decisions that the leadership makes.

Representing a client means understanding their parliamentary rules

It is necessary for a parliamentary law attorney to understand the parliamentary rules that a specific organization uses. To assist an organization in complying with the procedural rules, it is important to first understand what those rules are.

It is vital not to assume that the organization uses Robert’s Rules of Order. The parliamentary rules of the organization should be easily available in their documents. In case they are a government agency, the rules should be in their ordinances.

When representing a client as a parliamentary law attorney, it is crucial to understand their parliamentary procedure. The lawyer must make sure that the organization that they represent makes decisions in ways that follow the rules. In case the organization does not pass resolutions according to the rules, the resolutions may not be enforceable.

Taking parliamentary law to court

Practicing parliamentary law usually means working in an advisory capacity, but it can also find its way to the courtroom. The courts may interpret the application of the rules by the government body.

The inability of a body to follow their own parliamentary rules can make their own decisions unenforceable. As the courts have the power to address rule violations, it is essential that governing agencies have clear and practical rules. It is also important that they conform to their rules.

The laws of procedure

Parliamentary law makes sure that governing bodies conduct their affairs in an appropriate and fair way. Parliamentary law assists all members of a representative body to have an equal opportunity to participate in the process of governing. Lawyers who advise their clients about parliamentary law have a crucial job to perform.

They must assess a proposed course of action considering parliamentary law to ensure that the client conducts their affairs properly and in compliance with the rules.

Parliamentary law represents a challenging and vital area of practice that typically focuses on the local, unique rules of the organization.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Obscenity Law

Obscenity law is the body of law that controls what images, speech, and other expressions people can legally communicate. Obscenity law pertains to suppressing or banning speech that is in violation of standards of good taste and decency.

This body of law creates a balance between legitimate communication in a free society with the purposes of public censorship. Obscenity law involves the prosecution and defense cases that contradict and interpret obscenity laws.

What does the US federal government state about obscenity?

Federal obscenity law does not exist. The US government does not explicitly ban obscene conduct. In reality, the American government expressly protects some communications in the First Amendment to the US Constitution.

According to the Supreme Court, the US government has well-defined obscenity laws that can be constitutional if they are written and applied appropriately.

State laws create obscenity laws

While the federal government does not have obscenity laws, a majority of states have laws that prohibit obscene communications. The laws differ between states.

State obscenity laws are derived from the state’s police power. Obscenity laws refer to criminal laws that prescribe punishments, including fines and jail time, for disseminating obscene material.

The federal government’s power is restricted by the US Constitution, but states have extensive powers to control the conduct of those within their borders. They may control behavior as long as their prohibitions are not in violation of US laws.

Obscenity laws are typically constitutional and enforceable as long as they do not run against the First Amendment protections of free speech and expression.

What qualifies as obscene?

While obscenity laws are usually enforceable, the body of law still prompts the question of what speech and materials are deemed obscene and what speech is merely controversial or artistic. The definition of obscenity by the US Supreme Court has changed throughout the years. While there is a three-part test in place today, the definition of obscenity remains subjective.

Censorship and Telecommunications

Obscenity laws also encompass rules pertaining to what broadcasters can present on TV and radio. The regulations from the Federal Communications Commission require broadcasters not to publish anything obscene at any time.

In addition, they cannot publish anything obscene between the hours of 6:00 am and 10:00 pm. They define indecent as anything that is offensive in comparison to general community standards.

Since the regulations are so vague, it can be challenging for broadcasters to understand how to comply with regulations while still maintaining creative power over the materials that they publish.

Obscenity laws remain controversial

As one judge stated, what one man believes is vulgar, another man sees as just a song lyric. Obscenity laws remain controversial as the standards of morality and decency differ significantly between people and communities.

Additionally, standards of morality can change over time. Restrictions that seem justifiable at some point in time, such as a prohibition on sending contraceptives through the mail, might appear offensive only a few years later.

Lawyers who practice obscenity law have to balance all of the facets as they advocate on behalf of their private clients or for public interests.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.