The Law Offices of Michael T. Smith

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Civil Rights

Gay Men and Lesbians as Foster Parents
Civil rights advocates say that sexual orientation discrimination occurs when a state refuses to place a foster child with a single man because he is gay or when a lesbian couple is not permitted to provide emergency foster care because of their sexual orientation. At least two states have laws or regulations prohibiting gay men or lesbians from serving as foster parents. Those opposed to such laws and policies cite reports indicating that children raised by lesbian or gay parents--either as single parents or as same sex partners--seem to receive the same level of care and concern as do children raised by heterosexual parents. Proponents of permitting gay men and lesbians to provide foster care also point to the critical shortage of foster care providers. More...
Internet and Telephone Surveillance After September 11, 2001
A federal court has ruled that the Internet and telephone surveillance provisions of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act) were unconstitutionally broad. Specifically, the federal court rejected the provision that permitted the Federal Bureau of Investigation to demand Internet usage records from Internet Service Providers and other communications firms, without first obtaining a warrant issued by a court. The Security and Freedom Ensured Act (SAFE Act) has been proposed as a bipartisan measure to restrict some of the surveillance and monitoring powers granted to the federal government by the USA PATRIOT Act. More...
Spyware and Proposed Anti-Spyware Legislation
Spyware is a term used to describe a wide variety of computer software that can be installed on a personal computer without the consent or knowledge of the user or owner of the computer. Spyware can--and usually does--record whatever the user types while online, thus stealing personal information. As of October 2004, several anti-Spyware bills are pending in Congress. More...
Voter Intimidation
Since the passage of the Voting Rights Act, obvious methods of voter discrimination were replaced by subtler--but arguably more effective--tactics meant to "disenfranchise" minority voters through intimidation. Although historically limited to African-American voters, incidents of voter intimidation are now being reported with greater frequency in Latino communities. Voter intimidation occurs when individual voters or, more likely, a group of voters decide not to vote because they have been threatened or mislead. For example, minority citizens who are eligible to register to vote may be given incorrect information about registration requirements. Voters may be confused or harassed to the point that they do not wish to appear at the polling places. More...
The Freedom of Speech and Political Signs
For the most part, cities and municipalities cannot implement "sign" ordinances or regulations that restrict a person's right to free political speech. To do so would be considered "state action" that is subject to the provisions of the United States Constitution. Because homeowner associations and condominium associations are not state actors, they are not constrained by the Constitution. Accordingly, they can implement--and enforce--political sign regulations and rules without fear of running afoul of the First Amendment. More...

Areas of Practice

  • Age Discrimination
  • Americans with Disabilities Act
  • Business Litigation
  • Civil Rights
  • Divorce
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Michael T. Smith
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