Milan Smith
Encyclopedia
Milan Dale Smith, Jr. is a federal judge
on the United States Court of Appeals for the Ninth Circuit
, based in El Segundo, California
.
Smith's brother, Gordon Smith, was a Republican
U.S. Senator
from Oregon
from 1996-2009.
. He was the son of Milan D. Smith, Sr., who would serve on the staff of Secretary of Agriculture, Ezra Taft Benson
. He received a B.A.
from Brigham Young University
in 1966.
Smith earned a J.D.
from the University of Chicago Law School
in 1969. Before becoming a judge, he was the managing partner at the law firm of Smith, Crane, Robinson, and Parker, which he co-founded in 1972. He was a President-General cousel of the Los Angeles State Building Authority from 1983 to 2006. Smith was a Vice Chairman of the California Fair Employment and Housing Commission from 1987 to 1991.
on February 14, 2006 to fill a seat vacated by Judge A. Wallace Tashima
. He was confirmed just over three months later by the United States Senate
on May 16, 2006 by a vote of 93-0. He is the fifth judge appointed to the Ninth Circuit by Bush, and the first since Carlos Bea
was confirmed in 2003.
In July 2007 in Lands Council v. McNair, Smith wrote a concurrence described as "unusually blunt and wide-ranging", in which he blamed his own court for "taking the law too far and causing much of 'the decimation of the logging industry in the Pacific Northwest' and the loss of legions of timber jobs." Judge Smith's view ultimately prevailed in July 2008 when the case was reviewed en banc and he wrote the opinion for the unanimous eleven-judge panel which vacated the panel decision.
In September 2008 Smith was the one dissenter on a three judge panel that held that a school ban of an instrumental version of "Ave Maria
" did not violate students' freedom of speech and religion.
Regarding the Stolen Valor Act of 2005, signed into law by President George W. Bush on December 20, 2006, USA v. Xavier Alvarez, case No. 08-50345 in the 9th U.S. Court of Appeals. This case was decided on August 17, 2010 when the panel also ruled the Stolen Valor Act unconstitutional. The federal appeals court panel in California says people have a right to lie about receiving military medals. Specifically, in the 2 - 1 decision, the majority said there's no evidence that such lies harm anybody, and there's no compelling reason for the government to ban such lies. "The right to speak and write whatever one chooses - including, to some degree, worthless, offensive and demonstrable untruths - without cowering in fear of a powerful government is, in our view, an essential component of the protection afforded by the First Amendment," Judge Milan Smith said in the majority opinion. If lying about a medal can be classified as a crime, Smith said, so can lying about one's age, misrepresenting one's financial status on Facebook, or telling one's mother falsehoods about drinking, smoking or sex. (http://en.wikipedia.org/wiki/Stolen_Valor_Act_of_2005)
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...
on the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
, based in El Segundo, California
El Segundo, California
El Segundo is a city in Los Angeles County, California, United States. Located on the Santa Monica Bay, it was incorporated on January 18, 1917, and is one of the Beach Cities of Los Angeles County and part of the South Bay Cities Council of Governments...
.
Smith's brother, Gordon Smith, was a Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
U.S. Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
from Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
from 1996-2009.
Background
Smith was born in Pendleton, OregonPendleton, Oregon
Pendleton is a city in Umatilla County, Oregon, United States. Pendleton was named in 1868 by the county commissioners for George H. Pendleton, Democratic candidate for Vice-President in the 1864 presidential campaign. The population was 16,612 at the 2010 census...
. He was the son of Milan D. Smith, Sr., who would serve on the staff of Secretary of Agriculture, Ezra Taft Benson
Ezra Taft Benson
Ezra Taft Benson was the thirteenth president of The Church of Jesus Christ of Latter-day Saints from 1985 until his death and was United States Secretary of Agriculture for both terms of the presidency of Dwight D. Eisenhower.-Biography:Born on a farm in Whitney, Idaho, Benson was the oldest of...
. He received a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Brigham Young University
Brigham Young University
Brigham Young University is a private university located in Provo, Utah. It is owned and operated by The Church of Jesus Christ of Latter-day Saints , and is the United States' largest religious university and third-largest private university.Approximately 98% of the university's 34,000 students...
in 1966.
Smith earned a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from the University of Chicago Law School
University of Chicago Law School
The University of Chicago Law School was founded in 1902 as the graduate school of law at the University of Chicago and is among the most prestigious and selective law schools in the world. The U.S. News & World Report currently ranks it fifth among U.S...
in 1969. Before becoming a judge, he was the managing partner at the law firm of Smith, Crane, Robinson, and Parker, which he co-founded in 1972. He was a President-General cousel of the Los Angeles State Building Authority from 1983 to 2006. Smith was a Vice Chairman of the California Fair Employment and Housing Commission from 1987 to 1991.
Ninth Circuit nomination and confirmation
Smith was nominated by President George W. BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
on February 14, 2006 to fill a seat vacated by Judge A. Wallace Tashima
A. Wallace Tashima
Atsushi Wallace Tashima is the third Asian American and first Japanese American in the history of the United States to be appointed to a United States Court of Appeals.-Early life:...
. He was confirmed just over three months later by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on May 16, 2006 by a vote of 93-0. He is the fifth judge appointed to the Ninth Circuit by Bush, and the first since Carlos Bea
Carlos Bea
Carlos Tiburcio Bea is a federal judge on the United States Court of Appeals for the Ninth Circuit. He was appointed to that court by President George W. Bush in 2003 to replace Judge Charles Edward Wiggins....
was confirmed in 2003.
Decisions
Smith's first published opinion was released on December 14, 2006. In that case, United States v. Juvenile Male, Smith wrote for a unanimous three-judge panel that reversed the district court for improperly sentencing a juvenile under an adult sentencing scheme.In July 2007 in Lands Council v. McNair, Smith wrote a concurrence described as "unusually blunt and wide-ranging", in which he blamed his own court for "taking the law too far and causing much of 'the decimation of the logging industry in the Pacific Northwest' and the loss of legions of timber jobs." Judge Smith's view ultimately prevailed in July 2008 when the case was reviewed en banc and he wrote the opinion for the unanimous eleven-judge panel which vacated the panel decision.
In September 2008 Smith was the one dissenter on a three judge panel that held that a school ban of an instrumental version of "Ave Maria
Ave Maria
Ave Maria may refer to:*Ave Maria , the "Hail Mary", a traditional Roman Catholic and Eastern Orthodox prayer calling for the intercession of Mary, the mother of Jesus-Music:...
" did not violate students' freedom of speech and religion.
Regarding the Stolen Valor Act of 2005, signed into law by President George W. Bush on December 20, 2006, USA v. Xavier Alvarez, case No. 08-50345 in the 9th U.S. Court of Appeals. This case was decided on August 17, 2010 when the panel also ruled the Stolen Valor Act unconstitutional. The federal appeals court panel in California says people have a right to lie about receiving military medals. Specifically, in the 2 - 1 decision, the majority said there's no evidence that such lies harm anybody, and there's no compelling reason for the government to ban such lies. "The right to speak and write whatever one chooses - including, to some degree, worthless, offensive and demonstrable untruths - without cowering in fear of a powerful government is, in our view, an essential component of the protection afforded by the First Amendment," Judge Milan Smith said in the majority opinion. If lying about a medal can be classified as a crime, Smith said, so can lying about one's age, misrepresenting one's financial status on Facebook, or telling one's mother falsehoods about drinking, smoking or sex. (http://en.wikipedia.org/wiki/Stolen_Valor_Act_of_2005)
External links
- U.S. Department of Justice Profile
- Fotouhi, David, "From Worst to First?: Judge Smith Describes Improving the Ninth Circuit," Harvard Law RecordHarvard Law RecordThe Harvard Law Record is an independent, biweekly student-edited newspaper based at Harvard Law School. Founded in 1946, it is the oldest law school newspaper in the United States.-Characteristics:...
, April 24, 2008. - "Senate approves Smith's brother for federal appeals court," The Associated Press, May 17, 2006
- "White House Looks at Two Names for Ninth Circuit," The Recorder, November 9, 2005