The debate over Virginia’s new abortion bill is raging. While there are good-faith debates over the scope of state authority vis-a-vis women in cases of abortion, the legislation would appear to require an invasive ultrasound procedure for women in the first 12 weeks of a pregnancy — tipping the scales in terms of the burden on women. However, conservative CNN Contributor Dana Loesch went on the air this week to make the rather astonishing claim that such an involuntary procedure is no different from voluntary sex.
Archive for the 'Constitutional Law' Category
CNN Contributor Claims Ultrasound Intrusive Exam Under Virginia’s New Law Is No Different From Consensual Sex
Published 1, February 21, 2012 Bizarre , Constitutional Law , Media , Politics , Society 128 CommentsPrivacy Rights – To Enumerate or Not to Enumerate, That is the Question
Published 1, February 19, 2012 Constitutional Law , Criminal law , Free Speech , International , Justice , Society 126 Comments
Submitted by Gene Howington, Guest Blogger
Reasonable people tend to agree there is both a right to privacy and that it is necessary. But what exactly is the right to privacy? Justice Brandeis famously said in Olmstead v. U.S., 277 U.S. 438, 479 (1928), “The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man’s spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone-the most comprehensive of rights and the right most valued by civilized men. To protect, that right, every unjustifiable intrusion by the government upon the privacy of the individual, whatever the means employed, must be deemed a violation of the Fourth Amendment. And the use, as evidence in a criminal proceeding, of facts ascertained by such intrusion must be deemed a violation of the Fifth.” Plainly put, at its heart a right to privacy is simply a right to be let alone.
However, do we need to specifically protect it or generally protect it? Is that right absolute? Laws, by definition and the nature of entering a social compact, are restrictions on absolute liberty found in the state of nature. One of the larger disagreements at the Constitutional Convention was about whether enumerated rights would serve to unjustly limit those rights versus a failure to enumerate rights would result in rights not being properly protected. This is a valid question surrounding this issue, especially since some would advocate enumerating the right to privacy by Constitutional amendment. There are advantages and disadvantages to both approaches. While specifically defining/enumerating a right creates a foundation for arguments surrounding said right, leaving a right’s definition nebulous allows jurisprudence greater leeway to evolve around fact specific instance and questions that in the long run can result in a more nuanced understanding and application of the right without the constraints a foundational definition might impose. In this light, consider the right to privacy.
Continue reading ‘Privacy Rights – To Enumerate or Not to Enumerate, That is the Question’
My Crucifix Is Bigger Than Yours: Santorum Charges President’s Agenda Springs From A”Phony Theology”
Published 1, February 19, 2012 Bizarre , Constitutional Law , Politics , Religion 123 CommentsBy Mark Esposito, Guest Blogger
Fresh off an attack on the legitimacy of public education and now surging in the polls, Republican primary candidate Rick Santorum couldn’t hold back the religious zeal. President Obama’s agenda is motivated by things not quite Christian the former senator from Pennsylvania charged in a recent campaign stop in Ohio.“It’s about some phony ideal, some phony theology. Oh, not a theology based on the Bible, a different theology,” he said. “But no less a theology.” My, my, what could the homeschooling Roman Catholic mean? Surely not the Big Lie that the President is a Muslim, an idea that served as the red meat of Tea Party attack dogs since Obama won the White House. No, perish the thought. The darling of the far right simply meant that the President was “imposing his values on the church, and I think that’s wrong.” Sure, just a philosophical and scholarly difference of opinion on health care policy and the First Amendment, coincidentally stuck smack down in the middle of a presidential campaign. Santorum even generously conceded that –wink, wink,– “if the president says he’s a Christian, he’s a Christian.”
The Better Part of Valor: Should Lying About Medals Be A Crime?
Published 1, February 19, 2012 Columns , Congress , Constitutional Law , Criminal law , Free Speech , Politics , Society 40 Comments
Below is my column today in the Washington Post (Sunday) Outlook Section. The column concerns the Alvarez case to be heard on Wednesday before the Supreme Court. I have been a long critic of the Stolen Valor Act — not because I am not highly sympathetic to its purpose but because I am concerned about the means of achieving that purpose. I share the anger over people who falsely claim to be war heroes. However, the government often selects popular causes for expanding its power over speech or conduct of its citizens. The question before the Court is really not about this specific form of lying, but the legal basis for criminalizing lies generally. The Act is different in that it seeks to criminalize lies simply because they are lies as opposed to lies that are used to commit a specific crime like larceny or fraud or perjury. I also spoke to NPR on Talk To The Nation on this subject.
Continue reading ‘The Better Part of Valor: Should Lying About Medals Be A Crime?’
The First Amendment Versus Pat Buchanan?
Published 1, February 18, 2012 Constitutional Law , Courts , Free Speech , Justice , Lawyering , Media , Politics , Society , Supreme Court 63 Comments
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
I am the last person that should be defending Pat Buchanan and objecting to his recent termination as a political analyst for MSNBC. However, after thinking about it for a while, I have come to the conclusion that Uncle Pat’s firing is an attack on Free Speech and a continuation of the Fox News type mentality on our cable news stations. Let me first make it clear that most of what Buchanan says on the air is offensive and in some cases, outright disgusting. However, if we cannot say what is on our mind without limits, do any of us really have the freedom to speak our minds? Continue reading ‘The First Amendment Versus Pat Buchanan?’
ACLU Files On Behalf Of Gun Owner Abusively Arrested By Philadelphia Police
Published 1, February 17, 2012 Constitutional Law , Criminal law , Politics 25 Comments
We previously discussed the abusive arrest of Mark Fiorino by Philadelphia police. Now the American Civil Liberties Union of Pennsylvania and the law firm of McCausland Keen & Buckman have filed a federal complaint today against the city of Philadelphia in his defense. It is an important case and we will be following it closely.
Continue reading ‘ACLU Files On Behalf Of Gun Owner Abusively Arrested By Philadelphia Police’
Arizona Legislator Moves To Bar Airbrushing Of Models
Published 1, February 17, 2012 Bizarre , Constitutional Law , Politics , Society 21 Comments
Arizona Democratic state Rep. Katie Hobbs (shown right in an unairbrushed photo) has tackled what she considers a pressing issue of the day: airbrushing of models to make them look perfect. She wants to require that any advertisers airbrushing models impose the following disclaimer prominently on the ad: “Postproduction techniques were made to alter the appearance in this advertisement. When using this product, similar results may not be achieved.” That is a bit of a buzz kill.
Continue reading ‘Arizona Legislator Moves To Bar Airbrushing Of Models’
New York Teacher Left Unemployed After Writing Column About Prior Work As Sex Worker
Published 1, February 17, 2012 Academics , Bizarre , Constitutional Law , Politics , Society 41 Comments
We have followed a disturbing trend of teachers, and other public employees, who have been fired for activities in their private lives, including jobs previously held in the entertainment or sex industries. Now, an elementary teacher in the Bronx, Melissa Petro, has lost her job because she wrote a column in the Huffington Post on her brief stint as a sex worker. Dubbed the “Hooker Teacher,” Petro was shown the door at the demand of Mayor Michael Bloomberg.
Abuse Of Power: Obama’s Recess Appointments And The Constitution
Published 1, February 15, 2012 Columns , Congress , Constitutional Law , Courts , Politics , Society , Supreme Court , USA Today 67 Comments
Below is today’s column, which concerns the subject upon which I will be testifying this morning before the full House Judiciary Committee: recess appointments.
Continue reading ‘Abuse Of Power: Obama’s Recess Appointments And The Constitution’
Turley Testimony on the Constitutionality of Recess Appointments
Published 1, February 15, 2012 Congress , Constitutional Law , Courts , Politics , Society , Supreme Court , Testimony 14 Comments
Below is my testimony this morning before the full House Judiciary Committee on the constitutionality of the recent recess appointments by President Obama. I also wrote a column this morning on that same subject.
Continue reading ‘Turley Testimony on the Constitutionality of Recess Appointments’
Libyan U.N. Envoy Denounces Gays and Lesbians As Threatening Humanity
Published 1, February 15, 2012 Bizarre , Constitutional Law , Criminal law , International , Politics , Religion , Society 11 Comments
The new Libyan government has adopted many of the habits of its previous regime like torture and it can now add homophobic leadership. Libya’s new United Nations delegate to the U.N. Human Rights Council used a resolution to combat violence based on sexual orientation to denounce homosexuals as threatening the survival of the human race.
Continue reading ‘Libyan U.N. Envoy Denounces Gays and Lesbians As Threatening Humanity’
Contraception and Separation
Published 1, February 13, 2012 Constitutional Law , Politics , Religion , Uncategorized 520 CommentsBy Mike Appleton, Guest Blogger
In Portrait of the Artist As A Young Man, Stephen Daedalus is asked by his friend Cranly whether, having forsaken Roman Catholicism, he will become a Protestant. “I said I had lost the faith,” he replied, “but not that I had lost selfrespect. What kind of liberation would that be to forsake an absurdity which is logical and coherent and to embrace one which is illogical and incoherent?”
But God works, as they say, in mysterious ways. A black man, accused of being secretly a Muslim, a socialist and an illegitimate pretender to the presidential throne, has accomplished what all of the post-Vatican II reconciliation committees and joint worship services and inter-faith conferences could not. Rev. Mike Huckabee has declared that Protestants will at last abandon illogic and incoherence. No longer will the Pope be called the Antichrist, nor Holy Mother Church the Whore of Rome. Once again, he says, we are all Catholics. My late Irish grandmother’s faith has been vindicated.
Employment Division v. Smith
Published 1, February 12, 2012 Congress , Constitutional Law , Religion , Supreme Court 20 Comments-Submitted by David Drumm (Nal), Guest Blogger
Since the United States Conference of Catholic Bishops (USCCB) has rejected Obama’s contraception compromise, and since House Speaker John Boehner (R-Ohio) has called the mandate unconstitutional, it’s a good time to look at what the Supreme Court has decided. A critical case is Employment Division v. Smith (1990) in which J. Scalia wrote the opinion for the 6-3 majority. Although there has been a torrent of invective regarding the Smith decision, I find it well-argued and compelling.
The Suing Sioux: Tribe Sues Top Beer Makers For Contributing To Alcoholism Of Tribe Members
Published 1, February 10, 2012 Bizarre , Constitutional Law , Politics , Society 84 Comments
While the Sioux tribe in North Dakota is fighting the use of “Fighting Sioux,” the Suing Sioux of South Dakota are in federal court with a rather novel (and in my view thoroughly frivolous) lawsuit of their own. The Oglala Sioux Tribe of South Dakota is suing the largest beer makers for contributing to the corruption and abuse of members of South Dakota’s Pine Ridge Indian Reservation by supplying alcohol through local stores. The tribe is demanding $500 million in damages for the cost of health care, social services and child rehabilitation.
Islamic Teachers and Students Halt Television Show Over Period Customs Considered Indecent
Published 1, February 10, 2012 Constitutional Law , Free Speech , Media , Politics , Religion 12 Comments
Television producers in Egypt have been shooting the novel “Dhat” by Egyptian author Sonallah Ibrahim. The problem is that the novel takes place in the 1970s “when women wore short clothing.” That will not do for professors and students at Cairo’s Ain Shams University who forcibly stopped the shooting because the clothing was indecent during that period. Presumably, they could shoot the film so long the characters are dressed according to current Islamic standards — much like requiring a film on Woodstock to be filmed with women in prairie dresses.
OMG ADIH: Top Saudi Clerics Call For Journalist To Be Put To Death For Blasphemous Tweet
Published 1, February 10, 2012 Constitutional Law , Criminal law , Free Speech , International , Media , Politics , Religion 268 Comments
The top Saudi clerics have found another person to execute for free speech. We have previously seen a number of people accused of blasphemy for brief tweets or Facebook entries or even reading a book or speaking insulting thoughts at prayer. There is now a campaign to execute 23-year-old journalist Hamza Kashgari for a tweet that he sent to Mohammad on his birthday about Kashgari’s faith. There is no evidence that Mohammad is actually one of his followers but Mohammad’s followers are pretty ticked and labelled Kashgari an “apostate” who must be killed for his offense to Islam.
Prop 8 Decision: Ninth Circuit Rules Same-Sex Marriage Proposition Unconstitutional
Published 1, February 7, 2012 Constitutional Law , Courts , Politics , Religion , Society , Supreme Court , Uncategorized 41 Comments
The Ninth Circuit has ruled 2-1 in the long-awaited sex-sex marriage case and affirmed the lower court in finding the law unconstitutional. Eighteen months ago former Chief U.S. District Judge Vaughn Walker struck down the ban on same-sex marriage. Judge Stephen Reinhardt wrote the lengthy opinion below upholding Walker and striking down the law. The Court ruled that “[b]y using their initiative power to target a minority group and withdraw a right that it possessed, without a legitimate reason for doing so, the People of California violated the Equal Protection Clause.”
Iranian Supreme Court Upholds Death Sentence Of Canadian Resident Over Use Of His Photo-Uploading Software
Published 1, February 6, 2012 Constitutional Law , Criminal law , Free Speech , International , Religion , Society 17 Comments
The Iranian Supreme Court has added its authority to the campaign against free speech in the Islamic Republic by upholding the death sentence of Iranian-born Canadian resident Saeid Malekpour, who is charged with “insulting the sanctity of Islam” and “corruption on earth.” Malekpour was arrested while visiting his ailing father because his photo-uploading software was used by a porn website even though it appears to have been done without his knowledge. Citizens around the world have rallied to his side, but the court insisted that Sharia law demands death.
Catholics, Contraception & The Heretical 98%
Published 1, February 5, 2012 Constitutional Law , Politics , Religion , Society 175 CommentsBy Mark Esposito, Guest Blogger
Last Sunday, most U.S. Catholics heard a letter read from the pulpit imploring them to oppose the Obamacare provision requiring most healthcare plans to cover contraceptive services for women. The reason given was that Catholic hospitals and universities would have to “shutter their doors” in order to avoid heresy and be true to the faith. As part of the concerted effort, the chairman of the U.S. Bishops’ Committee on Religious Liberty announced that the Obama administration’s requirement goes against “the mandate of Jesus Christ.” Even though the earthly mandate contains an exemption for purely religious organizations, the all-male U.S. Conference of Catholic Bishops is clearly on the offensive in this politically charged debate about women, privacy, and the right of families to decide for themselves the number of children they can support.
Continue reading ‘Catholics, Contraception & The Heretical 98%’
Federal Court Rules Sister Wives Case Can Go Forward
Published 1, February 3, 2012 Constitutional Law , Courts , Criminal law , Politics , Religion , Society , Supreme Court 44 Comments
Despite widespread predictions to the contrary, a federal court in Salt Lake City has ruled that the Sister Wives challenge of the statute anti-polygamy law can go forward and denied the effort to dismiss the lawsuit. The long and detailed ruling of United States District Court Judge Clark Waddoups agreed with our arguments that we have standing to challenge the state law. The standing question has long been discussed as the most significant barrier for the family in seeking a ruling on the merits. Prior such challenges have been denied at the standing stage.
Continue reading ‘Federal Court Rules Sister Wives Case Can Go Forward’
United States Falls 27 Points In Ranking Of Press Freedom Behind Comoros and Taiwan
Published 1, January 30, 2012 Constitutional Law , Free Speech , Media , Politics , Society 15 Comments
The respected Reporters Without Borders has issued its annual report and ranking of press freedom. You might have some initial difficulty locating the United States . . . it is 27 points lower on the ranking due to the mistreatment of journalists in this country. You will find us just after Comoros and Taiwan and in the company of Argentina and Romania. In the recent column on “10 Reasons The U.S. Is No Longer The Land Of The Free,” I was not able due to space to include press freedoms and others. This report, however, should be a wake up call for civil libertarians.
Show and Tell: Decrypt Your (Potentially Incriminating) Secrets Or Be Held In Contempt
Published 1, January 29, 2012 Constitutional Law , Courts , Criminal law , Justice 45 Comments
Submitted by Gene Howington, Guest Blogger
The 5th Amendment of the U.S. Constitution reads:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
The language is clear. There is no reasonable alternative construction or deconstruction of the language that renders any permutation of the right against self-incrimination to yield a contrary result. You don’t have to offer testimony against yourself in a criminal proceeding in any court of law. Ever. In what seems an ever increasing and endless assault on the civil rights of American citizens, even this right spelled out in plain language is under attack. This time the alleged assailant is U.S. District Court Judge Robert Blackburn, a George W. Bush appointee. Judge Blackburn has ordered a criminal defendant to produce a unencrypted version of an encrypted hard drive. While several lower courts have addressed this issue, the Supreme Court has yet to weigh in on it. That may change.
But is the 5th Amendment really under attack here? The 5th Amendment applies to testimony. The issue at hand here is production of evidence. Different standards and protections can apply to compelling the production of evidence. The case in front of Judge Blackburn is U.S. v. Fricosu.
Eavesdropping on the Police
Published 1, January 29, 2012 Constitutional Law , Courts , Criminal law , Free Speech , Justice , Media , Things That Tick Me Off 28 Comments
Respectfully submitted by Lawrence Rafferty (rafflaw)–Guest Blogger
Here in Illinois it is currently illegal for citizens to audio tape record public officials while they are doing their public duty, even in public. “Illinois’ eavesdropping ban was extended in 1994 to include open and obvious audio recording, even if it takes place on a public street where no expectation of privacy exists and in a volume audible to the “unassisted human ear.” ‘ Chicago Tribune When I first heard of this law, I was at first shocked and then my shock turned to anger. The police can make recordings of citizens out in public while they are in the midst of a traffic stop or even when one is exercising their First Amendment rights on the streets of Chicago. But, private citizens are not allowed to record those same police officers when they abuse the public or take liberties with constitutional guarantees. Continue reading ‘Eavesdropping on the Police’
The Enemy Expatriation Act: Learn How Your Government Could Strip You of Your Citizenship If This Legislation Becomes Law
Published 1, January 29, 2012 Congress , Constitutional Law , Politics 32 Comments
Submitted by Elaine Magliaro, Guest Blogger
In his Washington Post article titled 10 Reasons The United States Is No Longer The Land Of The Free (January 15, 2012), Jonathan Turley addressed the issue of indefinite detention of American citizens. He wrote:
Under the law signed last month, terrorism suspects are to be held by the military; the president also has the authority to indefinitely detain citizens accused of terrorism. While Sen. Carl Levin insisted the bill followed existing law “whatever the law is,” the Senate specifically rejected an amendment that would exempt citizens and the Administration has opposed efforts to challenge such authority in federal court. The Administration continues to claim the right to strip citizens of legal protections based on its sole discretion.
The next day on this blog, Professor Turley said that he had been heartened by the response to his column. He added, “a few commenters continue to suggest that the National Defense Authorization Act (NDAA) does not allow for the indefinite detention of citizens.”
Even people who believe that NDAA does not allow for the indefinite detention of citizens should be concerned about a proposed amendment to the Immigration and Nationality Act that would give our government “the authority to strip a person of their American citizenship if that person is accused or suspected of supporting ‘hostilities’ against the U.S. The amendment, known as the Enemy Expatriation Act (EEA), was introduced, in October, by Rep. Charles Dent, R-Pa., and Sens. Joseph Lieberman, I-Conn., and Scott Brown, R-Mass.
The Devil’s Fork
Published 1, January 29, 2012 Academics , Constitutional Law , Economics , International , Politics , Society 223 CommentsSubmitted by Mark Esposito, Guest Blogger
With apologies to Archbishop of Canterbury John Morton, I’m offering this version of his famous “fork”:
You’re a young idealist standing for the highest office in the land. Against many odds you’ve offered a candidacy of hope and change to an electorate tired of both war and the prior Administration that got them into those wars. There are rumors of widespread atrocities committed by that Administration in response to a horrific terrorist attack on American soil where thousands of your countrymen died. In your capacity as an US Senator, you’ve been briefed on several of these and you see a pattern developing. You’re a Constitutionalist; a lawyer; and a principled man, but you recognize the nation faces a real threat of nuclear holocaust at the hands of committed, well-funded terrorists supported and protected by renegade states and even some of our allies. These terrorists have a fanatical zeal and value martyrdom above self-preservation. You believe that if they acquire weapons of mass destruction the question will not be if millions of people will die, but which millions of people will die.
A Response To Senator Carl Levin: Part II
Published 1, January 27, 2012 Congress , Constitutional Law , Politics , Religion , Society 111 Comments
After my recent column on “Ten Reasons The U.S. Is No Longer The Land Of The Free,” I ran a response to claims made by Senator Carl Levin (D., Mich.) who was the main sponsor of the legislation including the indefinite detention provisions. Levin has now run a letter to the editor in response to my column that I believe is highly misleading and leaves readers with a false impression of both the law and my column.
Continue reading ‘A Response To Senator Carl Levin: Part II’
Indiana Senate Moves Toward Teaching Of Creationism In Public Schools
Published 1, January 27, 2012 Academics , Constitutional Law , Courts , Politics , Religion , Society , Supreme Court 41 Comments
The Senate Education Committee of the Indiana Senate has overwhelmingly voted to approve a bill allowing for the teaching of creationism in the state’s public schools. The Sponsor is Senator Dennis Kruse.
Continue reading ‘Indiana Senate Moves Toward Teaching Of Creationism In Public Schools’
French Senate Makes Denying Armenian Genocide A Crime
Published 1, January 24, 2012 Constitutional Law , Free Speech , International , Politics 19 Comments
We have been following the rapid diminishing of free speech in the West in recent years. It is particularly disconcerting to see this trend in our close allies of England and France (For a prior column, click here). Now, the French Senate has added a new speech crime — denying the fact of the Armenian genocide by Turkey. While I commend the motivation, the legislation is blind to the implications to free speech by criminalizing certain subjects for debate. It seeks to force critics to be silent under threat of criminal prosecution — an approach that produces only the appearance of agreement while denying citizens the basic right to be heard on such controversies.
Continue reading ‘French Senate Makes Denying Armenian Genocide A Crime’
Supreme Court Unanimously Rejects Obama Administration’s Effort to Conduct Warrantless GPS Searches
Published 1, January 23, 2012 Constitutional Law , Criminal law , Society , Supreme Court 40 Comments
I previously wrote about the pending case of United States v. Jones and the effort of the Administration to establish precedent allowing the government to follow citizens with Global Positioning Devices (GPS) without any showing of probable cause. I am happy to report that the Court has ruled unanimously against the government and found the practice to be unconstitutional under the fourth amendment. It is a stinging defeat for the Obama Administration but a roaring victory for privacy and civil liberties at a time when good news is rare.
The Roberts Court and Free Speech
Published 1, January 22, 2012 Constitutional Law , Courts , Free Speech , Justice , Lawyering , Supreme Court 26 Comments
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
We have all certainly heard of the important Freedom of Speech cases that the Roberts led Supreme Court has decided. Citizens United is probably the most prominent one that comes to my mind. Of course, the Citizens United case promoted the ability of corporate entities to enjoy full Free Speech rights. Other important Free Speech cases that were decided by the Roberts Court include the military funeral case of Snyder v. Phelps, et al,(131 S. Ct. 1207 (2011) ) and the Brown v. Entertainment Merchants case (131 S. Ct. 2729 (2011) ) in California which overturned a California law which required parental consent for minors to rent or buy violent video games. Because of these decisions and others, some scholars and constitutional law experts make the claim that the Roberts Court is the most pro-free speech Supreme Court in history! Continue reading ‘The Roberts Court and Free Speech’
Framing Discrimination As Religious Freedom
Published 1, January 21, 2012 Constitutional Law , Religion , Science , Supreme Court 92 Comments-Submitted by David Drumm (Nal), Guest Blogger
In a recent full-page paid advertisement in the Washington Post, the U.S. Conference of Catholic Bishops (USCCB) and dozens of leaders of Catholic organizations voiced their opposition to the Department of Health and Human Services (HHS) rule which they describe as forcing private health providers to provide “preventive services.” The HHS plan mandates, without charging a co-pay, co-insurance or a deductible, the provision of FDA-approved contraception methods. The advertisement claims these drugs may cause abortions which, by their definition, includes any single-celled fertilized egg that doesn’t implant.
The ad claims that following the HHS rule would violate their religious liberty and freedom of conscience.
Continue reading ‘Framing Discrimination As Religious Freedom’
Atheist Arrested In Indonesia For Blasphemy For Writing On Facebook “God Does Not Exist”
Published 1, January 20, 2012 Constitutional Law , Criminal law , International , Politics , Religion , Society 11 Comments
We have been following the increasing abuse of the legal system in Indonesia, including the application of Sharia law. Now, an atheist (identified only as Alexander) has been arrested and faced five years in jail for questioning the existence of God on his Facebook page. It is the latest blasphemy arrest, discussed earlier in a column.
Justice According To Scalia and Thomas: Two Justices Dissent From Giving Death Row Inmate Appeals After He Was Abandoned By Counsel
Published 1, January 19, 2012 Constitutional Law , Courts , Criminal law , Supreme Court 51 Comments
Recently we discussed the twisted jurisprudence of Associate Justice Clarence Thomas. Thomas is back in another disturbing dissent written by Antonin Scalia in the case of Maples v. Thomas. Cory Maples was convicted of two murders in Alabama in 1997. Since Alabama does not pay for post-conviction assistance, he relied on Jaasai Munanka and Clara Ingen-Housz from the law firm of Sullivan and Cromwell. When the attorneys left, however, the firm let the case drop and Maples was never informed that an appeal had been denied. His time for appeal lapsed. Seven justices lined up to support the right to an appeal, including Roberts and Alito who are not known to support criminal defendants in most cases. However, Thomas and Scalia insisted that there was no need for further judicial review in light of the failure of counsel. If leaving a case entirely is not ineffective counsel, it is difficult to see when such a standard would be satisfied in the jurisprudence of Thomas and Scalia.
A Suicidal Pledge? Gingrich Reaffirms Pledge To Violate Constitution After Promising To Kill Enemies Of Our Nation
Published 1, January 19, 2012 Bizarre , Constitutional Law , Politics , Society 115 Comments
After pledging to kill our enemies, Newt Gingrich returned to one of his favorite themes: violating the United States Constitution. In Greenville, South Carolina, Gingrich again said that he would ignore Supreme Court decisions that he disagreed with. We have previously discussed the flaws in Gingrich’s legal and historical views, but my concern is that pledging to violate the Constitution would make Gingrich an enemy of our constitutional system. Does this mean that his first act would be to add his own name to the presidential hit list?
Bibles For Buncombe: North Carolina School Distributes Free Bibles But Refuses Donation Of Pagan Books
Published 1, January 19, 2012 Academics , Constitutional Law , Politics , Religion , Society 17 Comments
In North Carolina, students at the North Windy Ridge Intermediate School were told that they could pick up a free Bible, donated by the Gideons. When Ginger Strivelli’s son came home with a new Bible, she decided to offer her own free copies of sacred books. She is a pagan and brought pagan spell books to the office. She was turned away (though I expect spell books in the age of Harry Potter would be snatched up like Bertie Bott’s Every Flavor Beans). The Buncombe County Board of Education now says that it will reexamine its policies. However, this only came after a non-Christian religion asked for the same access to schools.
SITES UNITE TO STOP SOPA
Published 1, January 18, 2012 Academics , Congress , Constitutional Law , Courts , Criminal law , Media , Politics 79 Comments
Sites like Wikipedia, Google, YouTube, and Reddit have gone black this morning in protest of The Stop Online Piracy Act (SOPA), which threatens Internet independence and free speech as well as a host of other rights. We have long discussed the ever-widening array of criminal and civil penalties pushed through Congress by the powerful radio and television lobby as well as other industry groups. The Obama Administration has been particularly willing to carry the water for these groups over objections from public interest groups. SOPA reflects the power of this lobby and its hold over members of Congress and the Obama Administration. While the Obama Administration has now responded to the outcry by insisting that it will tweak the bill, such promises ring hallow given its past efforts to appease this industry and its dishonest statements recently in other areas like the indefinite detention controversy. Notably, the recent admission from the White House that it has some concerns over the bill did not come until the public rallied against the bill — another indication of the control of an industry group in the drafting of legislation. This lobby is not going to go quietly into the night. It is more likely that it will work with the White House and Congress to achieve the same purposes with an incremental series of laws — if it does not simply win outright.
Indefinite Detention of Citizens: A Response To Senator Carl Levin
Published 1, January 16, 2012 Congress , Constitutional Law , Courts , Criminal law , Free Speech , International , Lawyering , Military , Politics , Society 223 Comments
Yesterday, my column “10 Reasons The United States Is No Longer The Land Of The Free” ran in the Sunday Washington Post. I have been heartened by response to the column. However, a few commenters continue to suggest that the National Defense Authorization Act (NDAA) does not allow for the indefinite detention of citizens. This claim is being advanced by Senator Carl Levin (D., Mich.) in emails and fax messages to voters. I wanted to respond to Senator Levin’s points which are detached from language of the law and the clear intent of the majority of Senators. I would also like to address those who have stated that our liberties are not at risk when such powers will not affect most Americans.
Continue reading ‘Indefinite Detention of Citizens: A Response To Senator Carl Levin’
English Citizens Increasingly Turning To Sharia Courts
Published 1, January 16, 2012 Constitutional Law , Courts , International , Politics , Religion , Society 20 Comments
We have spent considerable time on this blog discussing the dangers of Sharia system in various Muslim countries like Iran and Saudi Arabia, particularly in the treatment of women and girls. However, in any free nation, citizens should be allowed to resolve their own disputes through private mediation or religious adjudications. This is what is happening increasingly in England where Muslims are circumventing the court system in favor of Islamic courts and Sharia law. The growing influence of Sharia courts has raised concerns among women’s groups and such reliance should come with added vigilance to ensure that all of the parties are truly consenting to such faith-based adjudications.
Continue reading ‘English Citizens Increasingly Turning To Sharia Courts’
Did Martin Luther King’s ‘Dream’ Come True?
Published 1, January 15, 2012 Congress , Constitutional Law , Courts , Free Speech , Justice , Politics , Religion , Society 73 Comments
Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
On Monday we celebrate the life of the Reverend Martin Luther King and honor him for his work with the Civil Rights movement. One of his most famous speeches was the 1963 “I Have A Dream” speech that he gave in Washington, D.C. to a crowd of thousands. In that speech he laid out his vision and hopes for the Civil Rights movement. I would like to review some of his words and discuss if his dream came true for African-Americans and minorities throughout our country. “I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident: that all men are created equal.” ‘ Huffington Post Continue reading ‘Did Martin Luther King’s ‘Dream’ Come True?’
The DHS Wants to Know Who’s Spreading the News (or Expressing an Opinion), Your Rights Optional
Published 1, January 15, 2012 Constitutional Law , Free Speech , Justice , Media , Politics , Society , Supreme Court , Uncategorized 110 Comments
Submitted by Gene Howington, Guest Blogger
Freedom of speech is a well established right in this country and rooted in the 1st Amendment. ”Congress shall make no law [. . .] abridging the freedom of speech, or of the press”. The U.N.’s Universal Declaration of Human Rights Article 19 reads, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Within the United States and our jurisprudence there are some exceptions to this freedom, but by in large (up to this point in history) the restrictions are both reasonable and necessary: the Miller test for obscenity, child pornography laws, laws prohibiting speech that incites imminent lawless action, restrictions on fighting words, regulation of commercial speech such as advertising, copyright and patent laws protecting authors and inventors control over their work, and the prohibition of slander and defamation.
Let’s be clear here that the subject isn’t just free speech, but anonymous political free speech.
Here at Res Ipsa Loqitur, there is a long standing policy of allowing anonymous posting to comments and protecting poster’s anonymity. The decision to post under your own name or not is entirely yours. This policy encourages free speech while allowing that having an unpopular or minority point of view should not have negative political consequences for the speaker or unnecessarily complicate their lives simply for expressing their views. Many political insiders and Washington professionals have told Professor Turley that they enjoy reading this blog and have enjoyed posting anonymously. The only posters here required to use their real identities are the guest bloggers and the requirement is voluntary. None of us were coerced into using our real names. When offered the honor of being a guest blogger, it was simply (and I think I speak for all the guest bloggers when I say fairly) a requirement in assuming editorial responsibilities. However, all of this raises an important question.
Do you have a right to anonymous political free speech?
According to the Supreme Court, you do. According to the Department of Homeland Security, you don’t. They’ve hired General Dynamics to track U.S. citizens exercising this critical civil right.
10 Reasons The U.S. Is No Longer The Land Of The Free
Published 1, January 15, 2012 Academics , Columns , Congress , Constitutional Law , Free Speech , International , Media , Politics , Society , Supreme Court 397 Comments
Below is today’s column in the Sunday Washington Post. The column addresses how the continued rollbacks on civil liberties in the United States conflicts with the view of the country as the land of the free. If we are going to adopt Chinese legal principles, we should at least have the integrity to adopt one Chinese proverb: “The beginning of wisdom is to call things by their right names.” We seem as a country to be in denial as to the implications of these laws and policies. Whether we are viewed as a free country with authoritarian inclinations or an authoritarian nation with free aspirations (or some other hybrid definition), we are clearly not what we once were.
Continue reading ’10 Reasons The U.S. Is No Longer The Land Of The Free’
DOJ Weighs In On Police Taping Case
Published 1, January 14, 2012 Constitutional Law , Courts , Criminal law , Supreme Court 28 Comments-Submitted by David Drumm (Nal), Guest Blogger
In May 2010, Christopher Sharp used his cell phone camera to record Baltimore City Police officers arrest and beat a female acquaintance at the Plimlico Race Course. The officers detained Sharp, seized his cell phone, and returned it later with all his videos deleted, including videos of his young son at sports events. Sharp filed a complaint in the Circuit Court for Baltimore City Maryland which was later moved the United States District Court for the district of Maryland.
The United States Department of Justice has decided to get involved, on the side of Sharp.
Justice According To Thomas: Dissent in Case Overturning Murder Conviction Highlights The Twisted Jurisprudence of Clarence Thomas
Published 1, January 12, 2012 Constitutional Law , Criminal law , Society , Supreme Court 54 CommentsThe extreme views of Justice Clarence Thomas were put into sharp relief yesterday when he stood alone in an 8-1 decision to overturn an outrageous conviction from New Orleans. In the face of shocking misconduct by prosecutors under Harry Connick Sr., even the most conservative members lined up to denounce the case . . . all but one.
Brava, Jessica Ahlquist: Rhode Island High School Student Wins Separation Lawsuit
Published 1, January 12, 2012 Academics , Constitutional Law , Politics , Religion , Society 124 Comments
Rhode Island high school student Jessica Ahlquist has taught her school officials a useful lesson on civics this week. The Cranston High School West student won her challenge to a large prayer mural displayed at the school with a federal judge ordering its removal as a violation of the separation of church and state.
Continue reading ‘Brava, Jessica Ahlquist: Rhode Island High School Student Wins Separation Lawsuit’
Too Sooner For Sharia? Tenth Circuit Rules Against Oklahoma’s Anti-Sharia Law
Published 1, January 11, 2012 Constitutional Law , Courts , International , Politics , Religion , Society , Supreme Court 22 Comments
We previously discussed the law passed in Oklahoma barring state judges from considering Islamic and international law in their decisions. Now the United States Court of Appeals for the Tenth Circuit has blocked the law. The three-judge panel upheld an injunction barring certification of Question 755. The decision has some important language for both standing and free exercise claims.
Continue reading ‘Too Sooner For Sharia? Tenth Circuit Rules Against Oklahoma’s Anti-Sharia Law’
Women Barred From Speaking At Gynecological Conference in Israel Due Pressure From Orthodox Jewish Groups
Published 1, January 11, 2012 Constitutional Law , International , Politics , Society 69 Comments
A conference on “Innovations in Gynecology/Obstetrics and Halacha [Jewish law]” will be held this week to discuss such things as “how to choose a suitable contraceptive pill” but women will be barred as speakers. Bowing to ultra-Orthodox Jewish leaders in Israel, the Puah Institute has barred female speakers and ordered that women are to be segregated in female-only areas. With the ongoing protests over the mistreatment of women and girls by Orthodox Jews in some areas, the conference only magnifies the tensions in the country.
Bravo, Colonel Bruno, Bravo
Published 1, January 10, 2012 Constitutional Law , Politics , Religion , Society 58 Comments
We are often discussing stories of religious intolerance and sectarian prejudice on this blog, so it is refreshing to report an act of kindness and tolerance on occasion. Despite opposition from Christian groups, the United States Air Force Academy has established an area for pagans to pray in Colorado called the Falcon Circle. The academy’s senior chaplain, Col. Robert Bruno, insisted that freedom of religion means that cadets should be able to practice their religion — a novel concept to some who later desecrated the religious site.
America’s Transcendent Issue
Published 1, January 7, 2012 Columns , Congress , Constitutional Law , Courts , Criminal law , Economics , International , Justice , Media , Military , Politics , Religion , Society , Supreme Court , Uncategorized 239 CommentsTags: America, congress, corruption, defense, democracy, economics, government, politics, prisons, religion, society
Submitted by: Mike Spindell, guest blogger
When you contemplate all of the problems that beset us in this election year it is hard not to feel daunted by the task of finding solutions. Many millions of American’s are without jobs, with the prospect of future employment seeming illusory. The top 1% of the American population controls vast amounts of the country’s wealth. http://www.businessinsider.com/15-charts-about-wealth-and-inequality-in-america-2010-4?op=1 Wages of average Americans have stagnated for the past 40 years to such an extent that our middle class is shrinking rapidly. The housing boom of years past has become a bust of monumental proportions and foreclosures are destroying formerly viable neighborhoods. Our once barely adequate “safety net” has been shredded and there are attempts to destroy both Social Security and Medicare as we know it. Despite a weak attempt at Medical reform millions of Americans find health care unaffordable, with many dying and others forced into bankruptcy to stay alive. Due to lack of money America’s once magnificent infrastructure is rotting and solutions are not on the horizon.
The collapse and bailout of our banking industry has cost us trillions and appears to have been brought about by fraudulent practices on the part of the industry, yet no one has been indicted. In fact the remuneration of top executives in this duplicitous industry has actually increased. Efforts to impose stiff controls ensuring that these artificial crises don’t happen again and that these huge financial entities do business ethically, have failed to pass the Congress. We see that the fallout from the American banking crisis has undercut the world’s economy and that economic crises in other industrialized nations appear regularly. Please notice I’m only referring to the economic problems we face and only producing a partial list of those economic problems.
We have seemingly come to the conclusion of an unnecessary war in Iraq, where trillions were spent and perhaps a million were killed, yet the withdrawal of troops is to bases that surround Iraq. We are leaving about 40,000 Americans in country, many as mercenaries (contractors is a euphemism) as we support the largest diplomatic infrastructure in any foreign nation. The war in Afghanistan still rages in a land that has never been significantly shaped by any outside empire, this despite the killing of Osama Bin Laden and the virtual destruction of Al Qaeda. Hundreds of billions are being spent and the lives of our troops are put in danger, in an exercise with little hope of success. Billions are going towards building Afghanistan’s infrastructure as ours is falling apart. Yet these instances fail to raise the broad spectrum of the military/foreign policy problems continuing to plague us. These issues include a military budget that far greater than that of all other nations. http://en.wikipedia.org/wiki/List_of_countries_by_military_expenditures
However, these three paragraphs still do not encompass the broad range of problems we Americans face. There is more to be touched on before we come to the conclusion that I’ve reached, that there is one problem that not only transcends all of these, but its need for immediate solution supersedes any of the others in importance. Continue reading ‘America’s Transcendent Issue’
Is the Cordray Recess Appointment Constitutional?
Published 1, January 6, 2012 Congress , Constitutional Law , Politics , Society 98 CommentsThe recess appointment of Richard Cordray has produced what appears to be the intended political response. The White House wanted to highlight the GOP blocking not just the head of the Consumer Financial Protection Bureau and three members of the National Labor Relations Board. Over the last few days I have been called by various media outfits for a supporting view of the recess appointment of Cordray. However, I do not support the appointments and believe they raise serious constitutional problems.
Continue reading ‘Is the Cordray Recess Appointment Constitutional?’
Turley Blog Hits 10 Million Viewers
Published 1, January 5, 2012 Academics , Animals , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion 20 Comments
Last night, we received word of two considerable accomplishments. First, we won the ABA Journal’s selection as the top opinion blog. Second, we hit our 10 millionth viewer on the blog. We are routinely ranked as one of the most visited legal blogs by AVVO. As our viewership has grown in only a few short years, we have reached a wider and wider international audience.
Continue reading ‘Turley Blog Hits 10 Million Viewers’
TURLEY BLOG PICKED AS TOP OPINION LEGAL BLOG IN 2011
Published 1, January 5, 2012 Academics , Animals , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society , Supreme Court , Torts 27 Comments
Last night the editors of the ABA Journal informed us that we have voted the top opinion blog of 2011 in the ABA Journal competition. It is our second such top award in the annual competition and it is an honor shared equally by all of our contributors and readers.
Continue reading ‘TURLEY BLOG PICKED AS TOP OPINION LEGAL BLOG IN 2011′
Rick Santorum: Will Anti-Romney Voters Embrace Anti-Privacy Values?
Published 1, January 4, 2012 Constitutional Law , Politics , Society 75 Comments
The close second place victory of Rick Santorum in Iowa has elevated the latest choice of Republican for the anti-Romney candidate. Civil libertarians, of course, are well acquainted with Santorum who lost his Pennsylvania seat due to his extremist views. Santorum has outdone his opponents in appealing to evangelical voters by not just virtually promising to go to war upon being elected but is opposed to the Griswold decision.
Continue reading ‘Rick Santorum: Will Anti-Romney Voters Embrace Anti-Privacy Values?’
Obama Given Low Marks In Annual ACLU Report For Civil Liberties — Ranked Lower Than Paul
Published 1, January 3, 2012 Constitutional Law , Politics , Society 46 CommentsWhile this is unlikely to surprise many civil libertarians, the American Civil Liberties Union (ACLU) has issued its annual report card called “Liberty Watch 2012” and gave President Obama a failing report (earning the full four “torches” only on the issue of the “don’t ask, don’t tell” policy). The Republican candidates were equally dismal but it is rare for the Democratic candidate to be on par or lower than his GOP counterparts on civil liberties. Libertarian presidential candidate Gary Johnson secured the top civil liberties spot while Republican Ron Paul came in second ahead of Obama.
Continue reading ‘Obama Given Low Marks In Annual ACLU Report For Civil Liberties — Ranked Lower Than Paul’
Final Curtain: Obama Signs Indefinite Detention of Citizens Into Law As Final Act of 2011
Published 1, January 2, 2012 Constitutional Law , Politics , Society 655 CommentsPresident Barack Obama rang in the New Year by signing the NDAA law with its provision allowing him to indefinitely detain citizens. It was a symbolic moment to say the least. With Americans distracted with drinking and celebrating, Obama signed one of the greatest rollbacks of civil liberties in the history of our country . . . and citizens partied only blissfully into the New Year.
Continue reading ‘Final Curtain: Obama Signs Indefinite Detention of Citizens Into Law As Final Act of 2011′
Science and Education Win . . . in Georgia
Published 1, January 1, 2012 Academics , Constitutional Law , Free Speech , Religion , Science , Society 73 Comments
Submitted by Gene Howington, Guest Blogger
Augusta State University (ASU) of Georgia was taken to court by a clinical psychology student, Jennifer Keeton, who refused to do coursework necessary for completing her degree. The coursework in question dealt with LGBTQ population. ”In her brief, Keeton describes herself as a Christian who is committed to the truth of the Bible, including what she believes are its teachings on human nature, the purpose and meaning of life, and the ethical standards that govern human conduct. She holds several beliefs about homosexuality that she views as arising from her Christian faith. She believes that ‘sexual behavior is the result of personal choice for which individuals are accountable, not inevitable deterministic forces; that gender is fixed and binary (i.e., male or female), not a social construct or personal choice subject to individual change; and that homosexuality is a ‘lifestyle,’ not a ‘state of being.’” ASU’s officials became aware that Keeton held these beliefs when she expressed to professors in class and fellow classmates in and out of class that she believed that the GLBTQ population suffers from identity confusion, and that she intended to attempt to convert students from being homosexual to heterosexual. Keeton also said that it would be difficult for her to work with GLBTQ clients and to separate her views about homosexuality from her clients’ views. Further, in answering a hypothetical posed by a faculty member, Keeton responded that as a high school counselor confronted by a sophomore student in crisis, questioning his sexual orientation, she would tell the student that it was not okay to be gay. Similarly, Keeton told a fellow classmate that, if a client discloses that he is gay, it was her intention to tell the client that his behavior is morally wrong and then try to change the client’s behavior, and if she were unable to help the client change his behavior, she would refer him to someone practicing conversion therapy.” Keeton v. Anderson-Wiley, 11th Circuit Court of Appeals, No. 10-13925, D.C. Docket No. 1:10-cv-00099-JRH-WLB (Dec. 16, 2011)
This raises some interesting questions concerning free speech, free exercise and educational and professional accreditation.
Continue reading ‘Science and Education Win . . . in Georgia’
Ron Paul And The Separation Of Church And State
Published 1, January 1, 2012 Constitutional Law , Politics , Religion 96 Comments-Submitted by David Drumm (Nal), Guest Blogger
Rep. Ron Paul (R-Texas) sees a war on religion being waged by the elitist, secular Left. Paul claims the “separation of church and state” is a phrase taken out of context from Jefferson’s letter to the Danbury Baptists. According to Paul, courts have misread and distorted the meaning of the first amendment so that children are banned from praying in school, courthouses are prohibited from displaying the Ten Commandments, and citizens are prevented from praying before football games.
Continue reading ‘Ron Paul And The Separation Of Church And State’
-Submitted by David Drumm (Nal), Guest Blogger
The World Trade Center cross was discovered in the debris of the collapsed buildings by construction worker Frank Silecchia who declared “it’s an act of God.” The cross was removed from the debris pile, erected on a concrete pedestal, and placed nearby in a prominent position during the years of reconstruction. During the removal, Fr. Brian Jordan, a Roman Catholic Franciscan priest, blessed the cross with holy water. In june, 2002, Archbishop Leonardo Sandri, the Vatican’s third-highest-ranking cleric, and New York’s Cardinal Edward Egan participated in a ceremony at the cross.
The Day Happy Died: New Year To Bring End To Happy Hours In Utah
Published 1, December 30, 2011 Constitutional Law , Criminal law , Free Speech , Politics , Religion , Society , Uncategorized 31 Comments
The New Year brings a host of new laws that kick in on the first. For citizens in Utah, the New Year will bring an end to Happy Hours. That’s right, the heavily Mormon state has continued its harassment of citizens who drink and outlawed “drink specials.”
Continue reading ‘The Day Happy Died: New Year To Bring End To Happy Hours In Utah’
Paul’s Preacher Probem: Meet Phillip G. Kayser
Published 1, December 30, 2011 Bizarre , Constitutional Law , Media , Politics , Religion , Society 91 Comments
It seems like every election we have another extreme religious figure who becomes a campaign issue for a candidate. Obama had Rev. Wright and McCain had Rev. Hagee and Parsley. Sarah Palin has an actual Kenyan witch hunter. Now Ron Paul has his own embarrassing association. The preacher is Rev. Phillip G. Kayser, a pastor at the Dominion Covenant Church in Nebraska, who has a following in Iowa. The Paul campaign issued a press release (that it later removed from its site) heralding the endorsement of Kayser. The problem is that Kayser believes that gays should be executed according to biblical law. It was a a highly destructive endorsement for Paul who is attracting civil libertarians to his campaign. No one can stop someone from endorsing you, but the campaign clearly sought this endorsement from an extremist with reprehensible views. Unlike Wright, Kayser is not Paul’s personal minister, but the press release made him Paul’s problem in reaching out to civil libertarians.
Continue reading ‘Paul’s Preacher Probem: Meet Phillip G. Kayser’
Catholic Church In Illinois Closes Adoptions Centers To Avoid Anti-Discrimination Laws
Published 1, December 29, 2011 Constitutional Law , Free Speech , Politics , Religion , Society 48 Comments
Catholic bishops in Illinois have followed their colleagues in other states and shutdown adoption centers rather than comply with anti-discrimination laws requiring equal treatment for gay couples. Despite my support for gay rights and same-sex marriage, I have previously written that anti-discrimination laws are threatening the free exercise of religion. There is a possible distinction between areas like tax exempt status as opposed to contracting with the state. While I strongly disagree with this tenet of Catholic faith, I do not believe that religious organizations should be forced to abandon such principles under anti-discrimination laws as a general matter. Yet, it becomes a more difficult argument in the context of a state contract where the church has decided to compete for government contracts.
Continue reading ‘Catholic Church In Illinois Closes Adoptions Centers To Avoid Anti-Discrimination Laws’
Pakistani Police Arrest Christian For Blasphemy in Church on Christmas
Published 1, December 29, 2011 Constitutional Law , Criminal law , Free Speech , International , Politics , Religion , Society 11 CommentsIn Lahore, Pakistan, police arrested Amanat Masih while he was in church on Christmas day. Masih, 50, was arrested for blasphemy — the second such arrest based on what he insists are trumped up charges by one man. He was previously sent to jail for more than three years for blaspheming Islam.
Continue reading ‘Pakistani Police Arrest Christian For Blasphemy in Church on Christmas’
Connecticut Man Accuses Police Of Raiding His Apartment, Punching and Stomping Him, and Then Trashing His Apartment . . . Without Finding Any Drugs
Published 1, December 28, 2011 Constitutional Law , Criminal law 34 Comments
The New Haven Independent has published some disturbing pictures of Tomas Torres who says that police raided his apartment looking for drugs and immediately punched him in the face, stomped on his head, and then laughed at him as they tore apart his apartment. They found no drugs and charged him with no crimes. He was left with bruises and an apartment that was completely trashed.
Continue reading ‘Connecticut Man Accuses Police Of Raiding His Apartment, Punching and Stomping Him, and Then Trashing His Apartment . . . Without Finding Any Drugs’
Just Two Days Left In The ABA Competition: We Need Your Vote!
Published 1, December 28, 2011 Academics , Animals , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society 18 CommentsJust as Henry V rallied the thin, tired troops on the eve of the Battle of Agincourt, it is time to make that final call for votes in this year’s competition for the top opinion blog by the American Bar Association. There are now just two days left and, while we have pulled ahead in the last week, the contest remains very close with one of the top five largest legal blogs. If you like our blog, it is time to pony up and vote.
Continue reading ‘Just Two Days Left In The ABA Competition: We Need Your Vote!’
North Carolina Police Reportedly Arrest Woman Who Refuses To Turn Over Cellphone After Filming Alleged Abuse
Published 1, December 27, 2011 Constitutional Law , Criminal law , Free Speech , Media 26 Comments
In Jacksonville, police are being accused of arresting and beating the wrong man in response to a report of a fight on Christmas Eve. They then arrested family members who say that were just trying to stop police from beating their relative. Daisy Besancourt, 57, was charged with failure to disperse on command, after she reportedly filmed the police and refused to turn off her phone.
Continue reading ‘North Carolina Police Reportedly Arrest Woman Who Refuses To Turn Over Cellphone After Filming Alleged Abuse’
Orthodox Jews Clashes With Police Over Segregation of Women
Published 1, December 27, 2011 Constitutional Law , Free Speech , International , Media , Politics , Religion 29 CommentsThe previously discussed tension between Orthodox Jews and the Israeli government has reached a flash point with violent clashes in the town of Beit Shemesh near Jerusalem. Reporters have been attacked by Orthodox Jews in filming the town.
Continue reading ‘Orthodox Jews Clashes With Police Over Segregation of Women’
China Gives Human Rights Dissident 10 Years As “Repeat Offender” For Blogging
Published 1, December 27, 2011 Constitutional Law , Free Speech , International , Politics 18 Comments
China has continued its assault on free speech with the sentencing of human rights dissident jails dissident Chen Xi for 10 years. This week, another human rights advocate, Chen Wei, was sentenced to nine years.
Continue reading ‘China Gives Human Rights Dissident 10 Years As “Repeat Offender” For Blogging’
Montana Voters Move To Recall Senators Over Votes Allowing Indefinite Detention of Citizens
Published 1, December 26, 2011 Constitutional Law , Courts , Politics , Society 62 Comments
We have been discussing the disconnect between citizens who have repeatedly opposed continued rollbacks of civil liberties and the Democratic and Republican leadership pushing for such rollbacks, including the recent provision allowing indefinite detention of citizens under the National Defense Authorization Act of 2011 (NDAA). Now Montana citizens have decided to try another approach given the non-responsive attitude of our leaders — they are moving to remove their two Senators from office over their votes in favor of indefinite detention powers.
Merry Christmas To All
Published 1, December 25, 2011 Academics , Animals , Bizarre , Columns , Congress , Constitutional Law , Courts , Criminal law , Economics , Environment , Politics , Religion , Science , Society , Supreme Court , Torts 32 Comments
Best wishes to everyone celebrating Christmas and Hanukkah. Continue reading ‘Merry Christmas To All’
The Irony of Free Speech in California
Published 1, December 24, 2011 Constitutional Law , Courts , Free Speech , Justice 60 Comments
Respectfully submitted by Lawrence Rafferty(rafflaw)-Guest Blogger
The term is one that is familiar to all of us. The First Amendment gives all citizens the right of Freedom of Speech and the right to assemble. Simple enough, right? Evidently it is not so simple in the State of California. Recently, members of Occupy Los Angeles were arrested while making full use of their First Amendment rights and after posting a $5,000 bond to get out of jail, were offered a deal to avoid a trial. The Free Speech defendants were told that if they took a class offered by a private company for the mere cost of $355.00, they would not have to go to court for a trial.
At first glance that offer sounds reasonable. Just what is the “class” all about? “For $355, protesters can pay a private company for lessons in free speech. American Justice Associates offers the educational program taught by an attorney – Neil G. Anderson – a former police officer and Supervising Deputy District Attorney for Sacramento County, and his partner attorney Deborah Bryce McKinley of Atlanta, GA.” Crooks and Liars Continue reading ‘The Irony of Free Speech in California’
Judge and Former Prosecutor of the Year Accused Of Withholding Evidence That Sent Innocent Man To Jail For 25 Years
Published 1, December 21, 2011 Constitutional Law , Courts , Criminal law , Lawyering 44 Comments
Michael Morton, 57, spent nearly 25 years in prison for murdering his wife before he was able to force Texas authorities to finally test DNA evidence that proved his innocence. Now he is demanding that the prosecutor be held accountable for withholding evidence. The problem is that the then-Williamson County District Attorney Ken Anderson, now a district judge in Georgetown (left).
Continue reading ‘Judge and Former Prosecutor of the Year Accused Of Withholding Evidence That Sent Innocent Man To Jail For 25 Years’
Gingrich: The Great Emancipator From History?
Published 1, December 20, 2011 Academics , Constitutional Law , Justice , Media , Politics , Society 49 Comments
Newt Gingrich this week unleashed a series of attacks on the judiciary, calling for abolishing judges, getting rid of lifetime tenure, and ignoring judicial rulings that he does not agree with. We discussed yesterday his suggestion that judges could be arrested by federal officers and forced to appear before Congress to answer for their unpopular decisions. However, last night on Hardball I took Gingrich to task for what I consider a misrepresentation of not just the law but history in his reference to Lincoln.
Continue reading ‘Gingrich: The Great Emancipator From History?’
Israelis Confront Demands Of Orthodox Jews For Segregation of Buses and Public Spaces
Published 1, December 19, 2011 Constitutional Law , Free Speech , International , Politics , Religion , Society 47 Comments
We have previously discussed attacks by orthodox Jews on women and others in Israel. The demand for segregation of the sexes however has triggered a national debate after accounts of women being asked to sit in the back of buses. There is also an outcry over Orthodox Jews ripping down any advertisements showing women in public areas.
I will be on C-Span’s Washington Journal this morning discussing privacy and other issues in a call-in program. Continue reading ‘Turley on C-Span’
Gingrich: I Will Arrest Federal Judges
Published 1, December 19, 2011 Bizarre , Congress , Constitutional Law , Courts 745 CommentsFormer House speaker Newt Gingrich appears to be running against the Constitution as much as against President Obama these days. Gingrich has been promising to round up judges who do not agree with him — statements that have even conservative figures like Michael Mukasey, former attorney general during the George W. Bush administration, denouncing him. Mukasey was the attorney general who blocked prosecutions into torture, but finds Gingrich truly scary. I am currently scheduled to be on Hardball tonight to discuss this latest attack on the judiciary.
Continue reading ‘Gingrich: I Will Arrest Federal Judges’
Newt Gingrich Channels His Inner Dictator
Published 1, December 18, 2011 Constitutional Law , Justice , Lawyering , Politics , Society , Supreme Court 61 Comments
Submitted by Gene Howington, Guest Blogger
Newt Gingrich made statements this weekend that leave little doubt he would drag the already overreaching Office of the President over the threshold of dictatorship. First, let us be clear about what a dictatorship is: a dictatorship is autocratic rule, control, or leadership; a form of government in which absolute power is concentrated in a dictator or a small clique; a government organization or group in which absolute power is so concentrated. Second, let us be clear that such a concentration of power in a single branch of government is clearly unconstitutional under the Separation of Powers doctrine.
Continue reading ‘Newt Gingrich Channels His Inner Dictator’
Forget Wall Street, Occupy Corporate Boardrooms
Published 1, December 18, 2011 Columns , Congress , Constitutional Law , Economics , International , Justice , Military , Politics , Society 15 CommentsSubmitted by: Mike Spindell, guest blogger
Sometimes a story comes around that writes itself and merely needs highlighting of certain facts to make its points. This link below will provide concrete data on why this country has become a corrupted corporatist state, along with why the federal budget deficit is so high. Its title is “For Hire: Lobbyists or the 99%? How Corporations Pay More for Lobbyists Than in Taxes”
http://publicampaign.org/sites/default/files/ReportTaxDodgerLobbyingDec6.pdf
What this document clearly shows, with highly readable charts is that 30 of the top US Corporations not only pay more for lobbying than in taxes, but in fact that they receive huge tax credits, although being highly profitable. Over a three year period 2008-2010 these companies had combined profits of $163.691 billion, received tax credits of $10.602 billion and spent $475.67 million on lobbying. Only one of these companies, FedEx, actually paid taxes. They paid $37 million in taxes, on a profit of $4.247 billion and spent $50.81 million for lobbying. As you might guess the most glaring example was General Electric whose profits were $10.460 billion, received tax credits of $4.737 billion and who spent $84.35 million in lobbying.
I could certainly provide you with commentary on this report, but the starkly written manner of the report and the easily read charts do a far better job of explanation, than would my rhetoric. The next time someone comments on the “theft” that is taxes and the need to defend the 1% and their corporations from government intrusion show them this. If they defend the inequity shown here then you will know they are either part of the 1%, brain-washed or brain dead. It isn’t of course that many of us haven’t known the state of things, or these facts, we have discussed them here repeatedly. Nevertheless, each time the message of the destruction of our Constitution, our America and our people in the service of greed and ego is shown to me, my blood boils. Please check out the link and share your thoughts.
BLOG DELETED – A 50 Year Restraining Order and the Resolution of Conflicting Rights
Published 1, December 17, 2011 Constitutional Law , Free Speech , Justice , Society 16 Comments
Submitted by Gene Howington, Guest Blogger
“Heaven has no rage like love to hatred turned, Nor hell a fury like a woman scorned.” - The Mourning Bride, Act III, Sc. VIII, by William Congreve
“The right to swing my fist ends where the other man’s nose begins.” – Justice Oliver Wendell Holmes
Your rights end where the rights of others begin is a maxim that posits you are free to exercise your rights until such exercise infringes upon the rights of others. It seems like a straight forward proposition, but like many seemingly straight forward propositions, sorting out the primacy of rights when they are equally valid yet conflicting is the basis of many a lawsuit. An interesting case from Minnesota provides an example that illustrates the balancing act between competing individual rights. The decision also provides a solution that while it may address the problem at bar may also be overreaching and a threat to the rights of all.
Federal Court Considers Standing in Sister Wives Case
Published 1, December 16, 2011 Constitutional Law , Courts , Society 23 CommentsToday I will be appearing in federal court in Salt Lake City, Utah to argue for standing in our challenge to the Utah statute criminalizing bigamy and cohabitation. I have previously written about the constitutional issues raised by the action. This hearing, however, concerns the effort of the state to avoid review of the law by claiming that the family lacks standing, even though the state has declared their family to be a criminal association and prosecutors have declared them to be guilty under the law.
Continue reading ‘Federal Court Considers Standing in Sister Wives Case’
In God We Trust: Kentucky Defends Law Requiring State Homeland Security Officers To Proclaim God’s Greatness
Published 1, December 16, 2011 Bizarre , Constitutional Law , Politics , Religion 22 Comments
The lawsuit in Kentucky is working its way through the legal system contesting a 2006 state law requiring state homeland security material to recognize the necessity of faith in God for true security. State Rep. Tom Riner, an ordained Baptist minister, has defended the law out of his belief that “the safety and security of the state cannot be achieved apart from recognizing our dependence upon God.”
Continue reading ‘In God We Trust: Kentucky Defends Law Requiring State Homeland Security Officers To Proclaim God’s Greatness’
Happy Birthday, Bill [of Rights]: Obama Breaks Promise To Veto Bill Allowing Indefinite Detention of Americans
Published 1, December 15, 2011 Constitutional Law , Criminal law , International , Politics , Society 319 CommentsThere was a brief moment when civil libertarians were stunned to see President Barack Obama actually take a stand in favor of civil liberties after years to rolling back on basic rights of citizens and moving beyond the Bush Administration in building up the security state. Obama said that he would veto the defense bill that contained a horrific provision for the indefinite detention of American citizens. While many predicted it, Obama has now again betrayed the civil liberties community and lifted the threat of the veto. Americans will now be subject to indefinite detention without trial in federal courts in a measure supported by both Democrats and Republicans. It is a curious way to celebrate the 220th anniversary of the Bill of Rights.
Continue reading ‘Happy Birthday, Bill [of Rights]: Obama Breaks Promise To Veto Bill Allowing Indefinite Detention of Americans’
Religious Groups in Santa Monica Call For Changes After Atheists Win Majority of Places Set Aside For Holiday Scenes
Published 1, December 14, 2011 Bizarre , Constitutional Law , Free Speech , Politics , Religion 33 Comments
Religious folk in California are outraged after learning that atheists won the right to 14 out of 21 spaces for holiday scenes. The city has a lottery system and, while God may not have favored them, fate did in selecting two atheists with claims to over two dozen spaces.
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China Arrests Two Bloggers For The Crime Of Spreading Rumors
Published 1, December 14, 2011 Bizarre , Constitutional Law , Free Speech , International , Media , Politics , Society 9 Comments
The Chinese government is obsessed with suppressing free speech on the Internet — legitimately fearful that citizens speaking with each other could bring an end to its regime. The recent protests in Russia likely reinforced those fears for the Chinese. Thus, it should come as no surprise that when two men told people online about a huge police presence supporting a wedding, the Chinese government had them arrested.
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Criminalizing Intolerance: Obama Administration Moves Forward On United Nations Resolution Targeting Anti-Religious Speech
Published 1, December 13, 2011 Constitutional Law , Criminal law , Free Speech , International , Media , Politics , Religion , Society 46 Comments
Below is my column today in The Los Angeles Times on the conference this week in Washington on religious speech. I have previously written about the Obama Administration’s break with past policies to support Muslim countries in cracking down on speech deemed “defamatory” to religion. While the latest resolution does not repeat the defamation language, the purpose remains unchanged and the dangers for free speech are obvious. The non-binding resolution was passed in March, largely in response to the assassinations of two Pakistani officials who had spoken out against the nation’s blasphemy law. Ironically, however, the resolution will likely reinforce the right of countries to criminalize anti-religious speech and blasphemy laws.
Supreme Court Takes Arizona Immigration Case — Kagan Recuses
Published 1, December 12, 2011 Congress , Constitutional Law , Courts , International , Justice , Politics , Society , Supreme Court 51 Comments
The Supreme Court today accepted cert in the challenge to Arizona’s tough anti-immigration law. In a loss to the Administration, Associate Justice Kagan recused herself from the case.
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Lowe Blow: Retailer Bows To Anti-Muslim Campaign And Withdraws Advertising From TLC’s “All-American Muslim”
Published 1, December 12, 2011 Bizarre , Constitutional Law , Politics 26 Comments
In a rather shocking appeasement of anti-Muslim activists, Lowe’s home improvement store withdrew advertising from the reality show, “All-American Muslim,” a show featuring various Muslim families in the United States. The show is being targeted by the Florida Family Association as “dangerous” and Lowe’s Chief Executive Officer Robert A. Niblock decided to yield to such prejudices in pulling out of the advertising on the show.
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Georgia Bill Will Put “In God We Trust” On All License Plates
Published 1, December 11, 2011 Constitutional Law , Courts , Politics , Religion 24 Comments-Submitted by David Drumm (Nal), Guest Blogger
If Republican Sen. Bill Heath’s bill, Senate Bill 293, is enacted the phrase “In God We Trust” will be printed in the area where the county name used to go. While many states sell, at an extra cost, specialty plate with the phrase, the Georgia plate will be the default plate.
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Yeshiva University Strips Newspaper Of Funding For Standing Up For Journalistic Principle and Refusing To Retract Article
Published 1, December 9, 2011 Academics , Constitutional Law , Free Speech , Politics , Religion , Society 11 Comments
Yeshiva University has taken a step that appears to affirm that it is religious first and a university second. The school’s study body stripped an online student newspaper of funding over a column that discussed a sexual encounter between two students. The attack on free speech and free press occurred after the students rightfully refused to censure their own newspaper and writer. It is a shameful act by Yeshiva that puts the university squarely in the category of intolerant, orthodox institutions — a blow to many faculty and students who have struggled to make Yeshiva something more than a school teaching Jewish values.
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Lese Majesty Means Less Speech: Thai Court Sentences U.S. Citizen To Over Two Years In Jail For Defaming Royal Family
Published 1, December 9, 2011 Bizarre , Constitutional Law , Criminal law , Free Speech , International , Politics 8 Comments
We have previously discussed the assault on free speech around the world, including in the West. The Thai courts have added to this ignoble trend by sentencing American Joe Gordon, 55, to two and half years for “defaming” the Thai Royal Family. Defamation law is quite different in other countries, including close allies like Italy, France, and England, and often used to punish critics of the government. Gordon was convicted for simply posting a link to an unapproved biography of the King. It is an example of the outdated use of lese majesty offenses — offense against the dignity of a sovereign.
Is This Person A Journalist? Federal Judge Issues Sweeping Ruling Against Investigative Blogger And Upholds $2.5 Million Award
Published 1, December 8, 2011 Constitutional Law , Media , Society , Torts 38 Comments
There is an interesting defamation ruling out of Oregon where U.S. District Judge Marco Hernández has ruled that blogger is not a journalist for the purposes of defamation rules in a dispute with a lawyer. Crystal L. Cox is a blogger from Eureka, Montana and accused Oregon lawyer Kevin Padrick with criminal and unethical conduct in a bankruptcy case. She relied on a statute offering higher standards to protect journalists from defamation actions and Hernandez rejected the claims. It is the latest in an ongoing debate of how to define a journalist for purposes of constitutional and tort law. Cox now stands subject to a $2.5 million award in favor of Padrick and Obsidian. Cox runs a site entitled Obsidian Finance Sucks (as well as other sites) and insists that she is an investigative blogger/reporter.
Saudi Court Orders Australian To Be Flogged 500 Times For Insulting Mohammad — and Sent To Jail For One Year
Published 1, December 8, 2011 Bizarre , Constitutional Law , Criminal law , International , Politics , Religion 8 Comments
We have yet another blasphemy case. A Saudi Arabian court has sentenced Australian national Mansor Almaribe to 500 lashes and a year in jail for insulting Muhammad during prayers in a pilgrimage to Mecca.
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Fox: Constitution Demands Kagan Recuse Herself
Published 1, December 7, 2011 Bizarre , Constitutional Law , Courts , Media 27 Comments
According to Fox News, the Constitution is a bit vague on privacy but not conflicts rules governing Associate Justice Elena Kagan. The language actually comes from Section 455 of Title 28 of the U.S. Code. Notably, there does not appear to be anything in the Constitution relevant to the recusal of Clarence Thomas.
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Chechnya Loves Putin: Russian Government Announces 99.5 Percent of Chechens Voted For Putin
Published 1, December 7, 2011 Bizarre , Constitutional Law , International , Politics 8 Comments
It appears that Prime Minister Vladimir Putin has found the secret to winning the hearts and minds of voters: invade their territory and install a corrupt pocket government. In the midst of widespread allegations of voting fraud by Putin’s United Russia and massive protests against the authoritarian Putin, the government has announced that United Russia secured a whopping 99.48 percent of the vote with 99.51 percent of the citizens voting. Of course, the chances of Putin discovering votes in Chechnya is about as likely as finding two ancient artifacts lying in the open on the ocean floor in his first scuba diva.
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Is The Movie “Breaking Dawn” Harmful To Your Health? Foundation Issues Seizure Warning To Potential Moviegoers
Published 1, December 5, 2011 Bizarre , Constitutional Law , Free Speech , Torts 14 Comments
There is an interesting potential tort lawsuit in the making in the movie “Breaking Dawn.” The Maryland-based Epilepsy Foundation issued a warning on Facebook to roughly 11,000 followers that the movie may cause seizures and should be avoided for those prone to certain types of seizures.
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Nigerian Legislators Pass New Law Imposing 14-Year Sentences For Homosexuality
Published 1, December 5, 2011 Bizarre , Constitutional Law , International , Politics , Religion , Society 9 Comments
The Senate of Nigeria, Africa’s most populous country, has passed a new law that will impose 14-year sentences on citizens found to be homosexuals. In addition, anyone who aids or “abets” same-sex unions will face 10 years in prison. The latter provision seems directed at human rights groups that work to help gays and lesbians who often face violence and discrimination in the country.
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What Price Would You Pay For Your First Amendment Rights?
Published 1, December 4, 2011 Constitutional Law , Free Speech , Justice , Media , Politics , Society 52 Comments
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
I have watched the Occupy Wall Street marches and protests and the recent protests in Wisconsin and Ohio with great interest. In my opinion, these protestors are on the front line in the battle to protect our First Amendment rights. As we have seen, some of them have paid a heavy price when they have been beaten and gassed and eventually arrested. Some States and cities are now attempting to raise the cost of defending your First Amendment rights by charging protestors for the cost of police “protection” and the use of city services! In Wisconsin, the embattled Governor, Scott Walker, has issued new rules that may actually take this trend of restricting our First Amendment rights to a new low. Continue reading ‘What Price Would You Pay For Your First Amendment Rights?’
Refusing To Provide Pedigree Information
Published 1, December 4, 2011 Constitutional Law , Courts , Criminal law 29 Comments-Submitted by David Drumm (Nal), Guest Blogger
Vesselin Dittrich, 64 and speaks with an accent, is an American citizen and resident of Hoboken, New Jersey. He was sitting on a PATH (Port Authority) train in the Hoboken station looking at a heavily tattooed woman. She objected to his staring and asked him to move to another car. He refused. She threatened to call the police and, overhearing this, the conductor summoned the Port Authority police.
Senate Votes Overwhelmingly To Allow Indefinite Detention of Citizens
Published 1, December 2, 2011 Congress , Constitutional Law , Courts , Criminal law , Free Speech , International , Justice , Lawyering , Military , Politics , Society , Supreme Court 128 Comments
In one of the greatest attacks on civil liberties in this country’s history, Democratic and Republican Senators voted yesterday to approve a measure as part of the $662 billion defense bill that would allow for the military to hold both citizens and non-citizens indefinitely without trial — even those arrested on U.S. soil. In a welcomed change, President Obama has committed his Administration to fighting the measure as inimical to the rule of law. The measure was pushed by Carl Levin (D – Michigan) and John McCain (R – Arizona). While some members of Congress like Ron Paul (R., Texas) have denounced the bill, the measure passed at the same time that Administration lawyers publicly declared that the military and intelligence agencies alone should decide whether a citizen should be killed without a charge or hearing (including killing citizens on U.S. soil) — a position supported by President Obama who has ordered the killing of U.S. citizens under his claim of inherent authority.
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Turley Blog Selected As A Top 100 Legal Blog — Now We Need Your Vote!
Published 1, December 2, 2011 Academics , Constitutional Law , Courts , Criminal law , Environment , Free Speech , International , Justice , Lawyering , Media , Politics , Religion , Society , Supreme Court 45 Comments
The ABA Journal has released its list of the top 100 legal blogs in the world and we are once again in this august group of blogs. Congratulations to all of our regulars contributors and weekend bloggers. This blog’s success is due entirely to the consistently high level of commentary among our readers and, I believe, our commitment to civil and substantive (if at times passionate) dialogue on the legal and political issues of our day. We are again placed in the “opinion” category and facing two of the top five most popular blogs. You can vote at You can vote at this site by clicking on the “opinion” category and we need your vote. A quick registration is needed to prevent cheating in the competition.
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Mandarin Oriental Hotel Accused For Discriminating Against Muslim Employee Barred From Serving Israeli Delegation
Published 1, November 30, 2011 Constitutional Law , International , Politics , Religion 60 Comments
There is an interesting lawsuit filed against the Mandarin Oriental Hotel in Washington, D.C., which stands accused of discriminating against a Muslim employee by barring him from serving an Israeli delegation — claiming a “national security exemption” for such religious and cultural discrimination. The man, Mohamed Arafi, was previously cleared in a security check with the FBI and handled other foreign guests, including dignitaries. He is of Arab ancestry. He is a naturalized citizen of Moroccan descent. I will be discussing the case today on CNN.
The Incarceration of Black Men in America
Published 1, November 26, 2011 Academics , Columns , Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society , Supreme Court , Uncategorized 105 Comments
Submitted by: Mike Spindell, guest blogger
America has the world’s highest rate of incarceration, currently 738 per 100,000. Our nearest competitor for this dubious distinction is the Russian Federation with 607 and Cuba with 487. “The US incarcerates at a rate 4 to 7 times higher than other western nations such as the United Kingdom, France, Italy, and Germany and up to 32 times higher than nations with the lowest rates such as Nepal, Nigeria, and India.”
http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf Despite possible protestations that this is because we have the best law enforcement, my sense is that the reasons lie more in the system, than those who enforce it. No one ever lost an election in America because of the perception they “were tough on crime”.
“Race: Black males continue to be incarcerated at an extraordinary rate. Black males make up 35.4 percent of the jail and prison population — even though they make up less than 10 percent of the overall U.S population. Four percent of U.S. black males were in jail or prison last year, compared to 1.7 percent of Hispanic males and .7 percent of white males. In other words, black males were locked up at almost six times the rate of their white counterparts.” http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf
Despite possible protestations that this is because we have the best law enforcement, my sense is that the reasons lie more in the system, than those who enforce it. No one ever lost an election in America because of the perception they “were tough on crime”. “Race: Black males continue to be incarcerated at an extraordinary rate. Black males make up 35.4 percent of the jail and prison population — even though they make up less than 10 percent of the overall U.S population. Four percent of U.S. black males were in jail or prison last year, compared to 1.7 percent of Hispanic males and .7 percent of white males. In other words, black males were locked up at almost six times the rate of their white counterparts.”
http://www.laprogressive.com/law-and-the-justice-system/boiling-hot-mad/.html
These two sets of statistics when viewed together tell a terrible tale of how racial oppression still exists in this country despite our Black President and Black Attorney General. This Administration hasn’t caused of this problem, but they don’t seem to have made any progress dealing with it. We do know that there has been a widespread effort to play down the racial division that continues to plague this country. This continues despite Civil Rights Laws, Martin Luther King’s Birthday and TV beer commercials that always include at least one black male friend enjoying the camaraderie. Clearly there is a disconnect between how we Americans want to see ourselves and the reality for many Black males. Continue reading ‘The Incarceration of Black Men in America’
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