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Virginia Official Brings Libel Case Against CBS to Fourth Circuit


Virginia’s lieutenant governor is asking the appeals court to reinstate his defamation lawsuit over the network’s exclusive interviews with women who accused him of sexual assault.
Virginia Lt. Gov Justin Fairfax looks over a briefing book prior to the start of a state Senate session in Richmond in 2019. (AP Photo/Steve Helber)
RICHMOND, Va. (CN) Arguing a CBS interview inflated and endorsed two women’s claims that Virginia Lieutenant Governor Justin Fairfax sexually assaulted them, his lawyer told an appeals panel Thursday the official’s libel suit was wrongly tossed out.
“CBS did not just report the false allegations of rape and sexual assault against Justin Fairfax. It heavily promoted direct interviews resurrecting false allegations, two months after they were made,” Fairfax’s attorney Tillman Breckenridge said before the Fourth Circuit at a remote hearing Thursday. ....

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Challenge to NSA Upstream Spying Program Returns to Fourth Circuit


The Wikimedia Foundation argued for the yearslong dispute over surveillance of international communications to be decided on its merits, but the appeals court hearing centered on whether the nonprofit has standing to bring its case.
This 2013 photo shows the sign outside the National Security Agency campus in Fort Meade, Md. (AP Photo/Patrick Semansky, File)
RICHMOND, Va. (CN) The Fourth Circuit had tough questions for both the government and the Wikimedia Foundation on Friday as the organization asked the court to look past standing issues in its challenge to the National Security Agency’s use of a controversial online surveillance program.  ....

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Full Fourth Circuit Split on Baltimore Aerial Police Surveillance


(Jerry Jackson/The Baltimore Sun via AP)
RICHMOND, Va. (CN) The en banc Fourth Circuit appeared split Monday on the constitutionality of a Baltimore police surveillance program under which as much as 90% of the city was observed via plane over a six-month period.  
The Baltimore Police Department put the Aerial Investigation Research, or AIR, pilot program into use in May 2020. It used a small airplane equipped with a high-resolution camera array to fly over the city for 40 hours per week during daylight in fair weather.
The program was challenged under the First and Fourth Amendments by the ACLU of Maryland, but a federal judge denied the group’s request for an injunction halting it. While the rest of the case plays out, the ACLU appealed the injunction denial and went before a similarly unsympathetic three-member Fourth Circuit panel in September. ....

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