This morning, our blog passed our 15,000,000 viewers. Since just a few weeks ago that we passed the 14,000,000 mark, it is obvious that the blog continues to grow at an impressive rate. We continue to rank in the top ten most viewed legal blogs in the world and I would like to think that our civility policy adds to the appeal of the blog for new viewers.
Archive for the 'Constitutional Law' Category
15,000,000
Published 1, February 21, 2013 Academics , Animals , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society , Supreme Court , Torts 35 CommentsMissouri Republican Proposes Bill To Make It A Crime To Introduce A Gun Control Bill
Published 1, February 20, 2013 Bizarre , Constitutional Law , Criminal law , Free Speech , Politics 52 Comments
Missouri Rep. Mike Leara has a curious concept of democracy, let alone free speech. Leara has proposed a law that would make it a crime for any of his colleagues to introduce gun control legislation.
Mississippi Bill Pushes For School Prayer . . . Again
Published 1, February 18, 2013 Academics , Constitutional Law , Politics , Religion , Society 18 Comments![praying_hands[1]](http://jonathanturley.files.wordpress.com/2011/06/praying_hands1.jpg)
Mississippi politicians have long allowed their state to rest at the bottom of state in educational quality. Now they have finally decided to act: a new bill would legalize school prayer so children will presumably be able to pray for a day when politicians in the state will actually support public education.
Continue reading ‘Mississippi Bill Pushes For School Prayer . . . Again’
The Connecticut Effect
Published 1, February 17, 2013 Bizarre , Congress , Constitutional Law , Courts , Criminal law , Justice , Politics , Society , Uncategorized 159 Comments
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
In the weeks since the school shooting in Newtown, Connecticut, the call for more action in controlling military style guns and large capacity magazines has increased, but as of yet, nothing concrete has been done on the national level. In fact, the NRA was recently quoted as suggesting that nothing will be done, once the country gets over the “Connecticut Effect”! “The National Rifle Association will wait until the “Connecticut effect” has subsided to resume its push to weaken the nation’s gun laws, according to a top NRA lobbyist speaking at the NRA’s Wisconsin State Convention this weekend.” Think Progress Continue reading ‘The Connecticut Effect’
Tea Party: A Phony Movement Mantled as Legitimate
Published 1, February 16, 2013 Academics , Congress , Constitutional Law , Courts , Criminal law , Environment , Free Speech , International , Justice , Media , Politics , Science , Society , Supreme Court 93 CommentsSubmitted by: Mike Spindell, guest blogger
In August 2011 I wrote a guest blog titled: Tea Party and the Myth of a Grassroots Movement”. Using various newspaper and internet sources I showed that the meme created about the “Tea Party” that it was a “grassroots uprising” of ordinary citizens to take back their country from the out of control liberals, was simply not true. The “Tea Party” is a movement fabricated by certain plutocratic corporate interests to maintain themselves as relatively tax free and maintain control over the fiscal state of our country. I’m revisiting it today because of the guest blog I’ve just submitted about CNN and the rest of the news media, in light of a post by Al Gore at Huffington Post, publicizing his new book which deals with the back-story of the creation of the “Tea Party” and its negative influence upon our country. Some of Al Gores’ evidence and that forming the basis of my original guest blog overlap, but the important difference is he’s Al Gore, former Vice President and a centrist. I on the other hand am merely an aging ex-hippy, who remains a political radical. The truth of the “Tea Party’s” inception is not hidden from view and the facts are blatantly out there. What is important though is that the cable news media, press and the Washington punditry continue to describe the “Tea Party” in terms of its meme and myth as a grassroots entity and thus are complacent in a deception of the American people.
Daily we see stories about these “Tea Party” legislators elected to office on all levels of our government. They are falsely portrayed as populists, who are “fed up” and ran for office to “change things” and return to our Constitution. Large percentages of “Tea Party people in polls still believe that Barack Obama was born in Africa and is a Muslim intent on destroying Christianity and America. They see him as a communist, socialist and fascist simultaneously intent on dismantling our capitalist way of life and crushing American exceptionalism. I understand that one can be a reasonable person an oppose Barack Obama’s activity as President. I oppose some of his positions strongly and I voted for him. However, if you believe the “birthers” and those who call him radical names, then I must say in my opinion you are delusional. He is a slightly right of center Democrat, hawkish on foreign policy and deferential to the Corporate Plutocracy. He may be a Constitutional Scholar, but he certainly hasn’t done enough to protect our Constitutional Freedoms. Yet we see this ultra right wing faction of the Republican Party thinking Obama as the anti-Christ and believing they are part of a spontaneous revolution performed in the interests of “protecting” America. Here’s why that isn’t true. Continue reading ‘Tea Party: A Phony Movement Mantled as Legitimate’
Georgia Legislator Responds To Parody Of His Picture By Seeking To Criminalize Photoshopping Of Images
Published 1, February 14, 2013 Bizarre , Constitutional Law , Criminal law , Free Speech , Politics , Religion , Society 35 Comments
Rep. Earnest Smith has a curious understanding of the First Amendment. Smith is upset that someone photoshopped his picture by placing his head on the body of a porn star. He has responded by seeking to make such photoshopping a crime and insisting that “No one has a right to make fun of anyone. It’s not a First Amendment right.” That is news to many of us.
Obama Administration Sides With Music Industry In Seeking To Uphold Draconian Award Against Minnesota Mother For Sharing Songs
Published 1, February 13, 2013 Bizarre , Constitutional Law , Criminal law , Politics , Society , Torts 41 Comments
We have previously discussed how President Obama has repeatedly yielded to the “copyright hawks” who have steadily increased the penalties for copyright and trademark violations, including criminal penalties. Despite the abuse of average citizens by thuggish law firms and prosecutors, the Obama Administration continues to support draconian measures against citizens. Even after the abuse and death of Aaron Swartz by the Justice Department, the Obama Administration has decided to double down in a case of a young mother in Northern Minnesota who was hit with grotesque penalties for simply sharing 24 songs. She was told to pay $222,000 — over 100 times the actual damages for the songs. The Obama Administration has intervened before the Supreme Court to ask for it to allow the penalty to stand as lawful and correct.
Hannibal’s Crossing Of The TSA: Arizona Man Sues Agency After Arrest For Airport Joke
Published 1, February 12, 2013 Bizarre , Constitutional Law , Criminal law 40 Comments
I have previously written about the myth created by TSA that jokes at an airport security point about bombs constitute a crime. Now we have another case for this ignoble list involving Frank Hannibal, 50, who was arrested for making a simple joke to his wife and family about the ruckus caused by his jar of Crazy Richards peanut butter. He is now rightfully suing the TSA for $5 million and a verdict in his favor would do wonders to rein in this runaway agency.
Egyptian Court Bans YouTube Over Anti-Islamic Film
Published 1, February 11, 2013 Constitutional Law , Courts , Criminal law , Free Speech , International , Media , Politics , Religion 26 Comments
An Egyptian court has ordered a one-month ban on YouTube due to the refusal of the company to remove material insulting to Islam — the latest example of the growing battle between religious orthodoxy and free speech. Hassouna Tawfiq has also ordered other sites banned if they show the controversial “The Innocence of Muslims.”
Continue reading ‘Egyptian Court Bans YouTube Over Anti-Islamic Film’
United States Postal Service..We Hardly Knew Ye!
Published 1, February 10, 2013 Congress , Constitutional Law , Politics , Society 38 Comments
Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger
It was big news this past week when the United States Postmaster General Patrick Donahue announced that the Post Office was planning to end Saturday mail delivery starting in August, 2013. In light of the large deficits that the Post Office is experiencing, the news is not surprising. What may surprise you is the real reason for the Post Office deficits. Continue reading ‘United States Postal Service..We Hardly Knew Ye!’
Your Rights Under Attack: What A Difference 100 Miles Makes
Published 1, February 10, 2013 Congress , Constitutional Law , Politics , Society 73 Comments
by Gene Howington, Guest Blogger
We are all aware of and concerned about the steady erosion of our civil rights at the hands of ever overreaching Federal government. It is a topic that brought many of us to this blog and a topic that draws more audience every day. The latest victim of tyranny is the 4th Amendment. The 4th Amendment to the U.S. Constitution reads:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Seems pretty straight forward. However, the DHS has apparently decided to void the Constitution if you live within 100 miles of the U.S. border. Your electronics may be seized and your data searched if you live or are travelling within 100 miles of the border. This is not a new story. This policy has been known since 2008. From the beginning there were calls for Congress to reign in the overreach of the the Department for Reich, er, Homeland Security that went unheeded. Most of the calls were for residential traveller exemptions. However, there are new developments. This draconian policy, neglected by Congress, has been unilaterally declared just fine and dandy by the DHS itself in yet another example of the Executive unilaterally claiming unconstitutional powers over citizens with their only check being their own rubber stamp. This policy not only vitiates the 4th Amendment, but has implications for the 1st and 14th as well.
Continue reading ‘Your Rights Under Attack: What A Difference 100 Miles Makes’
The Most Important Human Rights Issue: Women
Published 1, February 9, 2013 Academics , Congress , Constitutional Law , Courts , International , Justice , Media , Politics , Religion , Science , Society 183 CommentsSubmitted by: Mike Spindell, guest blogger
Sometimes an idea hits me leading to an epiphany. Epiphanies for me usually take the shape of the realization that a 
belief I’ve held for a long time, is actually more important in the scheme of things than I had previously thought about. This happened with me some few years ago when the opposition to gay marriage defeated a voter initiative. I had been a believer in the need for equality for Gay men and women since I was a teenager. After all the bullies who were beating me up kept calling me a “fag, or “queer” and while I wasn’t, I got insight into what it must be like to be homosexual. In life you have the choice of identifying with the bully, or those who are bullied. I’ve always chosen the latter. So as a young adult I cried tears of joy when “Stonewall” happened and the police found that Gays would no longer be easy targets. Working for NYC’s Human Rights Administration and then living in Manhattan gave me the privilege of meeting and befriending Gay people of both sexes. When AIDS hit the scene I had many friends die and I worked to help the Division of Aids Services as a Budget Director. Yet while I always completely supported LGBT rights, for a while I believed the focus on Gay Marriage, shouldn’t be in the forefront of the movement. The argument over Proposition 8 in California http://en.wikipedia.org/wiki/Proposition_8 gave me an epiphany that led me to see that not only was the right to marriage an essential part of ensuring the Constitutional Rights of Gay people, but it was the key element. Being unable to assist in the health care choices of long term partners, in some cases even being barred from the funerals, or participating in ones’ partners Health Plan are important Constitutional issues and the essence of the battle. Continue reading ‘The Most Important Human Rights Issue: Women’
Petraeus: The Problem with Heroic Hagiography
Published 1, February 9, 2013 Constitutional Law , International , Justice , Media , Military , Politics , Society , Uncategorized 114 CommentsSubmitted by: Mike Spindell, guest blogger
This week I read a story at my favorite investigative journalistic website http://whowhatwhy.com . It concerned the back story about the abrupt fall from grace of CIA Director General David Petraeus, which occurred when it was discovered that his biographer was also his mistress. I’ll provide a link to the story below and a brief synopsis of its conclusions, but it is less the reality of Petraeus’ fall, than the rise of military “heroes” that interests me. A theme that is closely woven into human history since the beginnings of civilization is the myth of the great military leader who rises up to gain command and “saves” the country from evil, external enemies. As the Iraq and Afghanistan wars became a harsh reality of our existence after the trauma of 9/11, one military figure appeared to capture our attention and become invested with the intelligence and the courage to fight our “enemies” and protect the American Way of Life. David Petraeus became that “hero”, was generally given bi-partisan deference and credited with wisdom and talents far beyond his peers. While our governmental system is based on civilian leadership of our military, in the person of the President and his appointees, it seemed that throughout the prosecution of these two ill-starred conflicts the Bush and then Obama administrations deferred to a position of “what would Petraeus do?” Continue reading ‘Petraeus: The Problem with Heroic Hagiography’
I’m No Book Burner, I Am A Book Banner: Virginia Mother Leads Effort To Ban Toni Morrison’s “Beloved”
Published 1, February 8, 2013 Academics , Bizarre , Constitutional Law , Free Speech , Society 75 Comments
Laura Murphy wants people to know that she is no book burner . . . just a book banner. The Fairfax County mother of four has been campaigning to ban the Pulitzer-prize-winning American novel “Beloved” from the school system due to its depictions of bestiality, rape, and murder. She says that her teenage son read the book as a senior in his Advanced Placement English class and was traumatized with nightmares as a result. Now she wants to ban the book for any child to read.
DOJ Memo: Obama Administration Claims Broader Authority To Kill Americans
Published 1, February 5, 2013 Congress , Constitutional Law , International , Politics , Society 394 CommentsWe have previously discussed the President’s “kill list” policy under which Obama claims the right to be able to kill any American based on his sole judgment and discretion. A confidential Justice Department memo now sheds more light on that policy and states a broader basis for such killings than previously suggested by the Administration. It is also not clear why this memo was kept secret by the Administration since it deals only with legal interpretations — not classified operational information.
Continue reading ‘DOJ Memo: Obama Administration Claims Broader Authority To Kill Americans’
Arizona School Suspends High School Student For Picture of Gun
Published 1, February 4, 2013 Academics , Constitutional Law , Society 36 Comments
We have yet another case of the “zero tolerance” policies being imposed in our school as an excuse of zero judgment or though by school officials.We have been discussing the steady stream of absurd actions taken by school officials under “zero tolerance” policies. For a prior column, click here. Now, Daniel McClaine Jr., a freshman at Poston Butte High School in Florence, Arizona, has been suspended for simply choosing a picture of a gun as a desktop background his computer.
Continue reading ‘Arizona School Suspends High School Student For Picture of Gun’
Privatized Prisons a Bad Idea Gets Worse
Published 1, February 3, 2013 Constitutional Law , Courts , Criminal law , Justice , Lawyering , Politics , Society , Supreme Court 28 CommentsSubmitted by: Mike Spindell, guest blogger
I don’t usually hold with simplified solutions to certain problems we all face but one comes to mind based on an article I read just now. A reasonable person should vote against any, I mean ANY, politician who has done, or is willing to do anything positive towards continuing the practice of privatizing the prison system on any level of government. From a standpoint of our Constitution I believe that the concept violates it, in spirit, if not in fact. From a fiscal point of view I believe that there is no cost effectiveness in privatizing a prison system. From an ethical position I believe that punishment by our criminal justice system is a government function and can not be given to private contractors without abuses coming. Finally, from a humane standpoint I believe that running a prison on a for-profit basis will never live up to the standards of humane treatment even the worst of prisoners deserve. The institution of a private prison system is a call for corruption just as in the case of the two Pennsylvania Judges convicted of wrongly accepting bribes to sentence minors to a private prison run for minors. This was the infamous “Kids for Cash” case which resulted in prison for these venal, loathsome jurists. http://en.wikipedia.org/wiki/Kids_for_cash_scandal I believe that cases and corruption such as this are the inevitable result of prison privatization and I believe that we are going to see more and more of it today.
The article which appears in today’s Huffington Post is titled: “Lake Erie Correctional Institution, Ohio Private Prison, Faces Concerns About “Unacceptable” Conditions”. The issues discussed in this brief article highlight all that I think is wrong about maintaining a privatized prison system and about the abuses that spring naturally from the concept. The article even touches on why the initial cost benefit put forth by private companies and by the politicians they convince to back their idea, is unreal and actually leads to greater expense on borne by the government and its citizens. Continue reading ‘Privatized Prisons a Bad Idea Gets Worse’
Why “They” Hate Hagel and American Mythology
Published 1, February 2, 2013 Academics , Congress , Constitutional Law , International , Justice , Media , Military , Politics , Society 65 CommentsSubmitted by: Mike Spindell, guest blogger
Former Senator Nebraska Chuck Hagel has been nominated by President Barack Obama as Secretary of Defense. Conventional wisdom would no doubt be that Hagel would have an easy path to the position. Hagel, a twice wounded Viet Nam War Sergeant and self-made millionaire, was elected to the Senate in 1996. His charismatic personality and blunt talk allowed Hagel to rise quickly within the Senate Republican hierarchy and his voting record was considerably conservative. He had a “a lifetime rating of 84 percent from the American Conservative Union and consistent A and B grades from the National Taxpayers Union “ http://en.wikipedia.org/wiki/Chuck_Hagel Initially had few misgivings about attacking Iraq, but supported the war and George W. Bush’s prosecution of it. By 2007 though, Hagel’s misgivings had turned into opposition to the war and he was one of three Republican Senators who voted for a failed resolution that would have ordered the withdrawal of American Troops within 120 days. Chuck Hagel’s clarity on Iraq extended to opposition to the morass in Afghanistan as well. Continue reading ‘Why “They” Hate Hagel and American Mythology’
Propaganda 101 Supplemental: Child’s Play
Published 1, February 2, 2013 Constitutional Law , International , Military , Politics , Society 51 CommentsTags: Anti-propaganda, Language, Propaganda
“Cuckold me? I’ve got you now, Mailbu Ken!”
by Gene Howington, Guest Blogger
One of the key concepts of advertising is “get ‘em while they’re young”. Building brand loyalty in a child can make for a lifelong customer. The same adage applies to propaganda. Young minds are impressionable. There was valid psychology behind the Nazi’s formation of the Hitler Youth. Just so, there is valid psychology behind the production of war toys. When you teach children that American military might is always right (as well as hours of fun!) and that violence is not only an acceptable but the preferred method of dispute resolution, they are getting the message. You don’t see a lot of “Ambassador” or “Diplomat” toys. The G.I. Joe toys and plastic Army men of my youth were little more than jingoistic bits of plastic designed to give children the chance to vicariously be a “real American hero” without the trauma psychological and physical that we all eventually learn usually accompanies being an actual war hero in real life.
Continue reading ‘Propaganda 101 Supplemental: Child’s Play’
7th Circuit Enjoins Contraceptive Coverage Mandate
Published 1, February 2, 2013 Constitutional Law , Religion , Supreme Court 23 Comments-Submitted by David Drumm (Nal), Guest Blogger
In Grote v. Sebelius, (7th Cir., Jan. 30, 2013), a 2-1 decision by the U.S. 7th Circuit Court of Appeals granted an an injunction, pending appeal, where the defendants are enjoined from enforcing the contraception mandate against the Grote Family and Grote Industries. Grote Industries is a privately held, family‐run business headquartered in Madison, Indiana. Members of the Grote Family are Catholic and operate their business according to the “precepts of their faith, including the Catholic Church’s teachings regarding the moral wrongfulness of abortifacient drugs, contraception, and sterilization.”
Continue reading ’7th Circuit Enjoins Contraceptive Coverage Mandate’
Cornerback or Throwback? 49ers Player Culliver Strikes Out Against Gays
Published 1, January 31, 2013 Bizarre , Constitutional Law , Politics , Society 22 Comments
I would expect that of all of the NFL teams to espouse homophobic views, the San Francisco 49ers would probably be the least receptive forum. That did not appear to deter 49ers cornerback Chris Culliver who raged against gays in the locker room just days before Super Bowl XLVII. In contrast, Ravens player Brendon Ayanbadejo has used the Superbowl to advocate the rights of same-sex couples. (Conversely, Ravens center Matt Birk came out opposing equal rights for gays in marriages). Suddenly, the Superbowl has become a debate on gay and lesbian rights.
Continue reading ‘Cornerback or Throwback? 49ers Player Culliver Strikes Out Against Gays’
Carmen Ortiz: Prosecution for Political Ego?
Published 1, January 26, 2013 Congress , Constitutional Law , Courts , Criminal law , Free Speech , Justice , Lawyering , Media , Politics , Society , Supreme Court 66 CommentsSubmitted by: Mike Spindell, guest blogger
One of the main concerns we Americans should have is about the state of our criminal justice system. How a society deals with the issue of criminality is one of the ways that we all can judge its freedom from oppression. This country has been selling our “democracy” to the world for 8 decades now as an example of how a modern nation should operate. Continue reading ‘Carmen Ortiz: Prosecution for Political Ego?’
Court Rules Obama Appointments Violated The Constitution
Published 1, January 25, 2013 Congress , Constitutional Law , Courts , Politics , Society 96 CommentsA year ago, I testified in Congress that the recess appointments of President Barack Obama were unconstitutional. Those four appointments by President Obama included Richard Cordray, who had been denied confirmation to a consumer protection board in a Republican filibuster. While I liked Cordray, I testified that the appointments were in my opinion clearly unconstitutional. The D.C. Circuit has now agreed with that view and the panel unanimously ruled that Obama violated the Constitution with his circumvention of Congress.
Continue reading ‘Court Rules Obama Appointments Violated The Constitution’
Supreme Court Refuses To Hear Illinois Cross Case
Published 1, January 25, 2013 Constitutional Law , Courts , Politics , Religion , Society 22 Comments
The U.S. Supreme Court this week refused to hear a challenge by an Illinois atheist to the use of public funds to renovate the 111-foot-high Bald Knob Cross of Peace on the highest mountain in Southern Illinois. The court never considered the merits because Robert Sherman was found to have no standing to bring the lawsuit. I have previously written about my opposition to the Supreme Court’s narrow definition of standing — rulings that effectively insulate some constitutional violations from review as in our lawsuit against the Libyan war.
Continue reading ‘Supreme Court Refuses To Hear Illinois Cross Case’
New Mexico Legislator Introduces Bill To Make It A Crime of “Destroying Evidence” For A Rape Victim To Get An Abortion
Published 1, January 25, 2013 Bizarre , Congress , Constitutional Law , Criminal law , Politics , Society 48 Comments
New Mexico Rep. Cathrynn Brown (R) has introduced House Bill 206, a bill that would make it a crime a rape victim to get an abortion as destruction of evidence of a crime. Brown is a lawyer and a member of the judiciary committee. She is also an ardent pro-life legislator who has made eliminating abortion (and “debunking” global warming) a mission. and, after a national outcry, says that the bill was poorly drafted will be changed to address the public concerns.
NFL Crushes Indiana Man Who Claimed Ownership Of “Harbowl”
Published 1, January 24, 2013 Bizarre , Congress , Constitutional Law , Criminal law , Politics , Society 17 Comments
We have previously discussed how Congress and the White House have yielded to demand for increasing copyright and trademark restrictions, including criminal prosecutions of ordinary citizens. One of my longest complaints is how people and businesses now claim ownership of common symbols and phrases. (here and here). This week we have two parties in a fight to claim trademark over a common expression. Roy Fox of Pendleton, Indiana secured a copyright to the term “Harbowl” last year to make money off of a Superbowl with the Baltimore Ravens under coach John Harbaugh and San Francisco 49ers under coach Jim Harbaugh. He was then muscled out of his trademark by NFL lawyers claiming to own the term “Superbowl.”
Continue reading ‘NFL Crushes Indiana Man Who Claimed Ownership Of “Harbowl”’
Obama and The Leap Of Faith
Published 1, January 23, 2013 Columns , Constitutional Law , Politics , Society 109 CommentsAfter the Inauguration, I shared my thoughts on President Barack Obama’s address. I liked the speech but, as with many civil libertarians, I do not share the faith in his commitment to principle — at least not the principles behind civil liberties. Below is today’s print column that touches on some of the same themes with a few additional observations.
The Obama Inauguration: A Case Of Hope Over Experience
Published 1, January 21, 2013 Columns , Congress , Constitutional Law , Media , Politics 28 CommentsTags: insu
Below is my column today in USA Today on the Inauguration Speech of President Obama. Unfortunately, my family got back and reported that the Jumbotron or giant screen was malfunctioning so they missed the entire inauguration speech. Thousands of people were similarly deprived by whatever contractor was handling the screen — a terrible disappointment for thousands who came from all over the country.
Here is the column.
Continue reading ‘The Obama Inauguration: A Case Of Hope Over Experience’
America’s Broken Criminal Justice System
Published 1, January 19, 2013 Academics , Congress , Constitutional Law , Courts , Criminal law , Free Speech , Justice , Lawyering , Media , Politics , Supreme Court , Testimony , Uncategorized 75 CommentsSubmitted by: Mike Spindell, guest blogger
While I’m not a lawyer, I do write for this legal blog by the invitation of its creator Jonathan Turley. I first arrived on the scene here many years ago because since the age of ten I have had been interested in the nature of the broad spectrum of civil rights issues faced by this country. My interest became an obsession at the age of ten. My parents, who were quite liberal, allowed me to stay up way past my bedtime to watch Ed Murrow bravely attack Sen. Joseph McCarthy for his Communist Witch Hunt, by documenting the anti-constitutional excesses he used to destroy people’s lives and careers. Months later they kept me home from school to watch the Army/McCarthy Hearings which directly led to McCarthy’s downfall. On our twelve inch, black and white TV I watched this famous scene:
“On June 9, 1954, the 30th day of the Army–McCarthy hearings, McCarthy accused Fred Fisher, one of the junior attorneys at Welch’s law firm, of associating while in law school with the National Lawyers Guild (NLG), a group which J. Edgar Hoover sought to have the U.S. Attorney General designate as a Communist front organization. Welch had privately discussed the matter with Fisher and the two agreed Fisher should withdraw from the hearings. Welch dismissed Fisher’s association with the NLG as a youthful indiscretion and attacked McCarthy for naming the young man before a nationwide television audience without prior warning or previous agreement to do so:
“Until this moment, Senator, I think I have never really gauged your cruelty or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us. Little did I dream you could be so reckless and so cruel as to do an injury to that lad. It is true he is still with Hale and Dorr. It is true that he will continue to be with Hale and Dorr. It is, I regret to say, equally true that I fear he shall always bear a scar needlessly inflicted by you. If it were in my power to forgive you for your reckless cruelty I would do so. I like to think I am a gentle man but your forgiveness will have to come from someone other than me.”
When McCarthy tried to renew his attack, Welch interrupted him:
“Senator, may we not drop this? We know he belonged to the Lawyers Guild. Let us not assassinate this lad further, Senator. You’ve done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?”
McCarthy tried to ask Welch another question about Fisher, and Welch cut him off:
“Mr. McCarthy, I will not discuss this further with you. You have sat within six feet of me and could have asked me about Fred Fisher. You have seen fit to bring it out. And if there is a God in Heaven it will do neither you nor your cause any good. I will not discuss it further.”
The gallery erupted in applause.”
The drama of this distinguished lawyer chastising one of the most powerful men in the United States and silencing his cruelty was one of the defining moments of my life. It spurred a lifelong interest in the Constitution, the Law and the rights of the American People. Today, among other ills, I believe that our American Criminal Justice System is broken. Let me explain why I believe that. Continue reading ‘America’s Broken Criminal Justice System’
Sister Wives Case Now Set For Final Ruling
Published 1, January 18, 2013 Constitutional Law , Courts , Criminal law , Free Speech , Justice , Lawyering , Media , Politics , Religion , Society 21 Comments
I am still in Salt Lake City, but we have had a great number of inquiries on yesterday’s hearing in the Sister Wives case. The two motions for summary judgment were argued with the state presenting its case through lead counsel Jerry Jenson and my presenting the case for the Brown family. Judge Clark Waddoups was obviously well-versed in the record and asked probing and fair questions to both sides. He has now taken the case under review for a final decision on the merits. I prefer not repeat or comment on statements in court from either myself or the judge. A few articles from the hearing are linked below.
Continue reading ‘Sister Wives Case Now Set For Final Ruling’
Federal Court Set To Hear Final Arguments In Sister Wives Case
Published 1, January 16, 2013 Constitutional Law , Courts , Criminal law , Free Speech , Media , Politics , Religion , Society 44 Comments On Thursday, the federal court in Salt Lake City is set to hear final arguments in the Sister Wives case. The hearing on the motions for summary judgment will be heard on Thursday, January 17th at the federal courthouse in Room 102 before Judge Clark Waddoups. The Brown family has challenged Utah Code Ann. § 76-7-101 (West 2010) under seven constitutional claims, including due process, equal protection, free speech, free association, free exercise, the establishment of religion, and 42 U.S.C. § 1983. As lead counsel, I am limited in what I can say about the case publicly beyond the statement below.
Continue reading ‘Federal Court Set To Hear Final Arguments In Sister Wives Case’
What Is An Assange? Part II
Published 1, January 14, 2013 Congress , Constitutional Law , Courts , Criminal law , Politics , Society 16 Comments
John Cusack and I had a dialogue last year about civil liberties and other issues. John previously ran a second interview (actually half of a second interview) on Huffington Post. Huffington has now published the second half of this last interview. With the death of Aaron Swartz this month, the Assange case takes on even greater significance for many. Below is the full interview if you want to read it without edits for space.
The Fault, Dear Brutus, Is In Our Stars: Depardieu and Chan Strike Out Against Human Rights Activists In China and Russia
Published 1, January 14, 2013 Constitutional Law , Free Speech , International , Media , Politics , Society 11 Comments
In Shakespeare’s Julius Caesar, Cassius tells Brutus,
The fault, dear Brutus, is not in our stars. But in ourselves.” When dealing with dictators and tyrants, that may often be the case but recently the fault in part seems to be our “stars.” In Russia, French actor Gerard Depardieu accepted Russian citizenship directly from the hands of Vladimir Putin after leaving France over its high taxes. Depardieu not only embraced the man who has destroyed the democratic movement in Russia but actually criticized Putin’s opposition which has risked jail and beatings to fight for free speech and other basic rights. In the meantime, actor Jackie Chan has again held forth in defense of China’s authoritarian government — telling Chinese that they need to stop criticizing the government in front of foreigners and that the U.S. is more corrupt than China.
Propaganda 102 Supplemental: Holly Would “Zero Dark Thirty”
Published 1, January 13, 2013 Constitutional Law , Criminal law , Media , Politics , Society 106 CommentsTags: Anti-propaganda, Language, Propaganda
(c) 2012, Columbia Pictures, image used w/o permission.
by Gene Howington, Guest Blogger
Upon the suggestion of long time and valued blog contributor James in LA, this column on “Zero Dark Thirty” and the controversy surrounding that film is offered as a supplement to the earlier entry in the series on propaganda,”Propaganda 102: Holly Would and the Power of Images“. It is in part movie review and in part a critical examination of the film’s content as related to the controversy around whether or not this film is pro-torture propaganda. Thank you for the excellent suggestion, James!
Is “Zero Dark Thirty” (ZDT) a good film? Is ZDT propaganda? If so, is it pro-torture propaganda (i.e. does it support or promote the idea of torture as a valid and/or necessary intelligence gathering methodology)? Let us examine these questions . . .
Continue reading ‘Propaganda 102 Supplemental: Holly Would “Zero Dark Thirty”’
President Obama Disappoints, Why the Surprise?
Published 1, January 12, 2013 Academics , Congress , Constitutional Law , Courts , Environment , Free Speech , International , Justice , Media , Politics , Society , Uncategorized 144 CommentsSubmitted by: Mike Spindell, Guest Blogger
Those who’ve read my comments here through the last two Presidential elections, know that I supported and voted for Barack Obama twice. Yet President Obama has been a disappointment to me throughout his Administration. His continuing support of what I consider extra-Constitutional intelligence gathering is a terrible thing. That Guantanamo Bay is still functioning is a continuing human rights violation. The continued American troop presence in both Iraq and Afghanistan is as disgraceful as the reasons that caused us to be there in the first place. Bradley Manning is an American hero that this country is illegally torturing with this President’s approval. The entire issue of the rising deficit and of a mythical “Fiscal Cliff” is one the President gives credit to, thus making it seem real to the public, while those decrying it merely are using it as a means of destroying America’s already frayed “social safety net”. The escape from criminal prosecution of the Bush Administration for War Crimes time has passed. The financial titans who collapsed our economy with their fraudulent manipulations will not be brought to justice, only become wealthier. The continuance of prosecuting the “War on Drugs” after we’ve seen marvelous public initiatives legalizing marijuana at State Levels, is a cruel hoax that destroys the lives of people in the name of protecting the citizenry. Need I go on to make the point of how disappointing this Administration has been? It would take tens of thousands of more words to do so, but then in this erudite group of those readers of this blog, it would be unnecessary, because so many here could do it on their own and perhaps better than I can.
Where I get confused at times here is in the continuing surprise that is expressed with each new violation of our rights, with each new foreign incursion and with the continued militarization of this country as it “goosesteps” towards the creation of an Empire. I get confused because I fail to understand why people who know better, would think that someone else as President could prevent all of these atrocious occurrences. This confusion is re-enforced by the fact that this blog has continually presented evidence that this country is no longer, if indeed it has been, under the aegis of our beloved Constitution. Leading the evidence presented here was Jonathan Turley’s blog post ”10 Reasons The U.S. Is No Longer The Land Of The Free”. http://jonathanturley.org/2012/01/15/10-reasons-the-u-s-is-no-longer-the-land-of-the-free/ As our esteemed proprietor followed up this post was selected as one of the top ten articles in the Washington Post’s Outlook Section for 2012. At the end of this piece I will give links to my own guest blogs which have also reinforced the idea that we are no longer the country of freedom that our establishment claims we represent. Thus comes my somewhat confused question as to why would we the denizens of this blog think that barring action by the people, that our President, or any other governmental officials could single-highhandedly return us to the ideals of our constitution. Continue reading ‘President Obama Disappoints, Why the Surprise?’
-Submitted by David Drumm (Nal), Guest Blogger
This case, recently argued before the U.S. Supreme Court, involves a Missouri state highway patrolman who stopped McNeely’s truck for speeding at 2:08 a.m. The officer noted signs of intoxication and ordered McNeely out of the vehicle and performed a field sobriety test. McNeely performed the tests poorly and was placed under arrest. McNeely refused to consent to a breathalyzer test and was driven to a local hospital where blood was drawn without consent and without a warrant. The results of the blood test showed that McNeely’s blood-alcohol ratio was over the legal limit.
Eleventh Circuit Bars Death Row Appeal Of Indigent For Lawyer’s Failure To File $154 Fee Or A Motion Of Indigent Status
Published 1, January 10, 2013 Bizarre , Constitutional Law , Criminal law , Society 45 Comments
Shortly after Christmas, the Eleventh Circuit barred an appeal from Ronald B. Smith, a death row inmate in Alabama, due to his failure to “properly file” a document by the court deadline. The filing was actually timely but his lawyer failed to include a $154 filing fee or, in the alternative, file a motion that his client was indigent. He was indigent but that did not stop the Eleventh Circuit from barring the death row appeal. The Supreme Court has twice rebuked the Eleventh Circuit for its draconian treatment of such minor rules in capital cases but the judges on that court continue to dispense with notions of equity and proportionality (and justice) in barring such appeals. It turns out that his lawyer was under probation at the time and later committed suicide.
Deceptive Advertising Or Divine Puffery? ChristianMingle.Com Makes Killing On Faith-Based Dating
Published 1, January 10, 2013 Bizarre , Constitutional Law , Religion , Society 40 Comments
I was interviewed this week for an article today on ChristianMingle.com. I previously published a blog article on the precarious line between false advertising and faith-based pitches at the company. My favorite fact from Paul Farhi’s article below is that ChristianMingle is an outgrowth of a Jewish dating site that has now branched out into other faiths and made a killing by bringing the goyim together.
Obama Administration Secures 10 Year Sentence Against Medical Marijuana Grower
Published 1, January 9, 2013 Constitutional Law , Criminal law , Politics , Society 52 Comments
For those insisting that President Obama is likely to turn over a new leaf in his Administration’s crackdown on medical marijuana, you might want to tell Aaron Sandusky who was just given 10 years in prison for operating three medical marijuana growing enterprises in California. Continue reading ‘Obama Administration Secures 10 Year Sentence Against Medical Marijuana Grower’
Minnesota Man Criminally Charged After Filming Police in Public
Published 1, January 9, 2013 Constitutional Law , Criminal law , Free Speech , Media 47 Comments
We have been following the continuing arrests and even prosecutions of citizens who film police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue. The latest has a different twist. Andrew Henderson not only had his camera taken from him by police in Little Canada, Minnesota but he was charged with violating the the federal Health Insurance Portability and Accountability Act (HIPAA) by filming officers responding to a call.
Continue reading ‘Minnesota Man Criminally Charged After Filming Police in Public’
FISA Extension Gets a Bipartisan Pass
Published 1, January 6, 2013 Congress , Constitutional Law , Courts , Free Speech , Justice , Media , Politics , Supreme Court 56 Comments
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
It is always rare in Washington these days when a bipartisan majority passes any bill in the House of Representatives or the Senate. However, while most of the media interest last week was fixed on the so-called “fiscal cliff” negotiations and the subsequent legislation that was passed and signed into law, maybe the media missed the more important legislation. That missed legislation was a 5 year extension of the FISA amendments that was granted by the Senate in a bipartisan 72-23 vote last week. “The Senate voted 72-23 last week to extend the FISA Amendments Act another five years, which President Obama signed Sunday. Unfortunately, the public discussion of George W. Bush’s warrantless wiretapping program may soon fade back into the shadows.” ACLU
This is a continuation of the same Bush-era FISA bill that was alleged to spy on almost anyone’s electronic communication, all without warrants. So, instead of sunshine being used to bring some accountability and transparency to this secret spying, for Five more years, American’s phone calls and text messages can be monitored almost at will by the government with little or no judicial restraint. What is Congress and the Intelligence community hiding from the American people? Continue reading ‘FISA Extension Gets a Bipartisan Pass’
Who Is Your Co-pilot?
Published 1, January 6, 2013 Bizarre , Constitutional Law , Courts , Free Speech , Justice , Politics , Society 43 Comments
Or is he?
by Gene Howington, Guest Blogger
While touring about America’s roadways, it’s not unusual to see a vanity plate or bumper sticker that says “God Is My Co-Pilot”. It’s not unusual to see someone with a dog as a co-pilot. Can a corporation be your co-pilot?
We’ll soon find out thanks to Citizens United and Jonathan Frieman of San Rafael, California. Mr. Frieman was pulled over for driving alone in the carpool lane. He argued to the officer that he did actually have a passenger. In the form of articles of incorporation. Upset (and reasonably so) over the Citizens United ruling, Frieman says he had been trying for years to get pulled over, ticketed and get a chance to take his argument to court that corporations and people are not the same. His mission was accomplished in October when he was pulled over for driving alone in an HOV lane, ticketed and slapped with a $481 minimum fine.
It’s a common sense argument based in the reality that corporations are a legal fiction and not a real person. We’ve seen this argument in play here and in other media since the controversial – many if not most might say ridiculously bad – decision of Citizens United was rendered in 2010. But will it work in traffic court?
Hearings Resume In World Bank Case
Published 1, January 4, 2013 Constitutional Law , Courts , Criminal law , Lawyering , Media , Society 12 Comments
As reported in the media, we resumed hearings this week in the the World Bank case (Chang v. United States) with testimony from the top lawyer at the Metropolitan Police Department, Terry Ryan, as well as other officers.
“Top Ten Reasons” Column Makes The Top Ten Articles of 2012
Published 1, January 4, 2013 Constitutional Law , Media , Politics 22 Comments
I am delighted to report that one of my civil liberties columns was selected as one of the top ten articles in the Washington Post’s Outlook Section for 2012. The article entitled the “Ten Reasons the U.S. Is No Longer The Land of the Free,” continues to generate commentary, which is gratifying. Indeed, the success of the column gives hope that there are enough of us out there who care about the decline of civil liberties in this country.
Continue reading ‘“Top Ten Reasons” Column Makes The Top Ten Articles of 2012′
What Is An Assange? My Interview With John Cusack
Published 1, January 2, 2013 Academics , Constitutional Law , Criminal law , Free Speech , International , Media 36 CommentsJohn Cusack and I had a dialogue last year about civil liberties and other issues. John has now run a second interview (actually half of a second interview) on Huffington Post. This interview focuses on the case of Julian Assange.
Continue reading ‘What Is An Assange? My Interview With John Cusack’
Kansas Demands Child Support Payments From Sperm Donor
Published 1, January 2, 2013 Bizarre , Constitutional Law , Politics , Society 68 Comments
We have been following cases where sperm donors have been held for child support or alternatively sought parental rights. The latest such case is out of Kansas where the state is pursuing a sperm donor for child support. William Marotta responded to an advertisement by a lesbian couple to donate sperm, but, after the couple split up, the state insisted on being given his name as the father and pursued him for monthly support payments.
Continue reading ‘Kansas Demands Child Support Payments From Sperm Donor’
Group Challenges Different Treatment By IRS of Religious and Non-Religious Groups
Published 1, December 31, 2012 Congress , Constitutional Law , Politics , Religion , Society 82 Comments
The Wisconsin-based Freedom from Religion Foundation (FFRF) has filed a lawsuit with the Internal Revenue Service that raises an interesting question. The group challenges the government’s different treatment of religious and non-religious non-for-profit organizations. While tax-exempt 501(c)(3) nonprofit organizations must file a detailed application form, fee and annual information to obtain and maintain their tax-exempt status, churches and other religious organizations are exempted from the requirement to file the reports and fees. The lawsuit alleges that the added expensive and detailed paperwork is a form of discrimination against non-religious groups.
Continue reading ‘Group Challenges Different Treatment By IRS of Religious and Non-Religious Groups’
Who Occupied the Occupy Movement?
Published 1, December 30, 2012 Constitutional Law , Courts , Criminal law , Free Speech , Justice , Media , Military , Politics , Society , Supreme Court 100 Comments
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
If you are like me, you remember the violent response by the FBI, DHS and local police forces to the many “Occupy” movement protests last Fall. In those protests, the police used incredible force and firepower to break up peaceful protests and make a mockery of the First Amendment. The police responses always seemed to be coordinated from city to city and there were allegations that the FBI and other governmental agencies were aiding the local authorities in stamping down the First Amendment rights of the Occupy protestors. Now, a treasure trove of documents was released pursuant to a Freedom of Information request by a group called The Partnership for Civil Justice Fund. Those documents expose a level of governmental intrusion into the privacy of protestors and governmental and private bank partnerships designed to crack down on legal protestors. Continue reading ‘Who Occupied the Occupy Movement?’
Liberté,Egalité, Fraternité: French Court Strikes Down 75 Percent Tax on Rich
Published 1, December 30, 2012 Congress , Constitutional Law , International , Media , Politics , Society , Uncategorized 79 Comments
For months, I have criticized the tax policies of France’s Socialist President Francois Hollande, particularly the confiscatory 75 percent tax rate for the wealthiest French. In addition to being in my view unfair, it is extremely bad economic policy. France’s Constitutional Council now appears to agree — at least on the equitable side. On Saturday, the Council rejected a 75 percent upper income tax rate on annual income above 1 million euros ($1.32 million) as an unfair treatment of different households. Popular figures like French actor Gerard Depardieu have opposed the tax and even left the country. The French experience should get some in the United States to dial down on our own over-heated rhetoric on economic policy. (Yes, I will now vent a bit on economic policy).
Continue reading ‘Liberté,Egalité, Fraternité: French Court Strikes Down 75 Percent Tax on Rich’
Merry Christmas!!!
Published 1, December 25, 2012 Academics , Animals , Bizarre , Congress , Constitutional Law , Courts , Criminal law , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society , Supreme Court , Torts 58 Comments
Best wishes to everyone celebrating Christmas and Hanukkah. Continue reading ‘Merry Christmas!!!’
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