Court: First Amendment protects “hate group” label

Legal Issues

A federal judge has ruled that a liberal advocacy group has a First Amendment right to call a Christian ministry a hate group for its opposition to homosexuality.

U.S. District Judge Myron Thompson, in a 141-page decision issued late Thursday, threw out a complaint filed by the Florida-based Coral Ridge Ministries Media Inc. against the Southern Poverty Law Center of Montgomery.

Coral Ridge, also called James Kennedy Ministries of Fort Lauderdale, sued the nonprofit law center, Amazon and others in 2017 because it wasn’t included in a program that lets Amazon customers donate to nonprofit groups. The suit said the refusal was because the law center had labeled the ministry a hate group for its stance against homosexual behavior.

The judge ruled that the liberal watchdog organization has a free-speech right to make the claim, but he didn’t address whether the ministry is a hate organization.

Attorneys representing the ministry did not immediately respond to an email seeking comment. In a statement, the Southern Poverty Law Center said the decision is a win for groups that want to “share their opinions and educate the public.”

“Any organization we list as a hate group is free to disagree with us about our designation, but this ruling underscores that the designation is constitutionally protected speech and not defamatory,” said Karen Baynes-Dunning, interim president of the organization.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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