We have previously discussed the problems of lawyers with being attacked by ex-girlfriends for their alleged bad relationships. The latest such story involves attorney Matthew Couloute Jr. who sued a former roller derby queen Stacey Blitsch and another ex for their posts about him at liarscheatersrus.com. The site still has a place for Couloute comments. Now, federal Judge Harold Baer has tossed out the defamation lawsuit as improperly based on protected opinion. In this case, the opinion that Couloute is a collossal loser. [Just for the record, I want to note that I have not dated Couloute and that I am merely repeating the opinion of those who have dated Couloute].
Archive for the 'Media' Category
New York Lawyer Loses Defamation Claim Against Ex-Girlfriends Who Posted Comments On Liarscheatersrus.com
Published 1, February 22, 2012 Lawyering , Media , Society , Torts 18 CommentsCNN 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 Comments
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.
-Submitted by David Drumm (Nal), Guest Blogger
Today we present Jody Reynolds in glorious STEREO!
Cyberbullying Scientists: Using Threats in an Effort to Silence the Discussion on Climate Change
Published 1, February 18, 2012 Academics , Environment , International , Media , Politics , Science 307 Comments
Submitted by Elaine Magliaro, Guest Blogger
Recently, the Wall Street Journal refused to publish a letter on the subject of climate change that was signed by 255 scientists—all of whom are members of the United States National Academy of Sciences. The WSJ chose instead to publish an opinion piece titled No Need to Panic about Global Warming that was written by 16 “other scientists.” It has been reported that the 16 “other scientists” include engineers, a physician, a retired airplane designer, a retired electrical engineer, and astrophysicists. Also included among the “No Need to Panic” authors are two men—one who questions whether smoking causes cancer (Richard Lindzen) and another who does not believe that asbestos is a health hazard (Claude Allegre).
According to Media Matters, most of the scientists who signed the WSJ op-ed do not publish peer-reviewed papers on climate research. In addition, more than a third of them have links to fossil fuel interests.
Peter Gleick, a member of the National Academy of Sciences and a MacArthur Fellow, wrote an article for Forbes descrying the WSJ’s actions.
Gleick wrote:
The Wall Street Journal’s editorial board has long been understood to be not only antagonistic to the facts of climate science, but hostile. But in a remarkable example of their unabashed bias, on Friday they published an opinion piece that not only repeats many of the flawed and misleading arguments about climate science, but purports to be of special significance because it was signed by 16 “scientists.”
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?’
-Submitted by David Drumm (Nal), Guest Blogger
Break out the headphones/earbuds and enjoy Wayne Fontana & The Mindbenders in glorious STEREO!
Nancy Grace Demands To Know Who Shoved Houston Under The Water
Published 1, February 15, 2012 Bizarre , Criminal law , Media , Society 25 Comments
Nancy Grace has long thrived on the carrion of high-profile murders and disappearances. Sometimes, however, there simply is not time to lose to distort facts into a juicy murderous tale. Thus, when Whitney Houston died, Grace was virtually hyperventilating in fashioning the death as a presumptive murder. Grace demanded to know who pushed Houston under the water in her tub or gave her the lethal dose of drugs or both.
Continue reading ‘Nancy Grace Demands To Know Who Shoved Houston Under The Water’
-Submitted by David Drumm (Nal), Guest Blogger
Today we present The Marathons in glorious STEREO!
Twitters Arab Winter?
Published 1, February 11, 2012 Columns , Free Speech , International , Media , Middle East , Politics , Religion , Society , Uncategorized 30 CommentsSubmitted by Mike Spindell, guest blogger
It has long been my conviction that Saudi Arabia is a bigger player on the world stage than it is given credit for in media reports. The normal Western prejudice viewing this country as a cultural, repressive backwater may be true if one looks at the non-royal Saudi citizenry. However, the Saudi Royal family and its minions are quite sophisticated in worldly matters and for years have skillfully played the game of international politics. Odiously repressive Royals, enforcing an archaic view of Sharia Law, can nevertheless be quite modern and sophisticated in outlook. Everywhere in our current and in our historic world, there have been many examples of a nation’s elite demanding adherence to repressive religious standards, while indulging themselves in what is forbidden.
“WHOWhatWHY” an excellent investigative news site run by Russ Baker, a distinguished investigative journalist, ran an article that caught my attention. This article discussed the fact that most media was diffident and/or silent in reporting that Saudi Prince Walid bin Talal, had invested $300 million in Twitter, a privately held corporation:
“Twitter’s market valuation is something like $10 billion (choose what huge number you prefer). Given that, why would this company, which is all about empowering ordinary people to communicate unfiltered and thereby get control of their lives and their governments, sell a big chunk to a representative of one of the quintessential repressive forces—an element that has a stake in preventing exactly the sort of communication that defines Twitter?” http://whowhatwhy.com/2012/02/02/close-reading-the-saudis-a-twitter-investment-and-the-end-of-arab-spring/
It is common knowledge at this point that Twitter has been the driving force in much of the uprisings now characterized as “The Arab Spring”. With Twitter, government opponents were able to organize their ranks/actions and quickly communicate news updates to people who would not be able to get this information from a controlled media. In an oil rich country, such as Saudi Arabia, ruled with an iron fist by the top half of one percent, there is great danger of overthrow by a people poverty stricken in the midst of great opulence. Mr. Baker finds it curious when in the past year Twitter has had an ominous change in policy, at the same time allowing an investment by a member of one of the world’s most repressive regimes. Is this merely coincidence or an indication of an underlying effort to prevent the Saudi Royals from following the fate of other Islamic countries ruled by despots? Continue reading ‘Twitters Arab Winter?’
-Submitted by David Drumm (Nal), Guest Blogger
Arthur Conley is even sweeter in glorious STEREO!
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.
Something Wikipedia This Way Comes: Gingrich Campaign Accused Of Improper Editing Of Wikipedia Site
Published 1, February 7, 2012 Congress , Media , Politics 11 Comments
Newt Gingrich’s communications director Joe DeSantis is in a controversy with the editors of Wikipedia over dozens of edits he has made or requested of Gingrich’s wikipedia site, including the deletion of references to his three marriages.
It’s Déjà Vu All Over Again
Published 1, February 5, 2012 International , Media , Military , Politics 45 Comments-Submitted by David Drumm (Nal), Guest Blogger
Possible nuclear weapons capability, International Atomic Energy Agency (IAEA) inspections, a threat to Israel, economic sanctions, fears of links to al Qaeda, and a compliant news media. Sounds like the hype leading up to war with Iraq, but this time it’s Iran.
Israel has been threatening to strike Iran’s nuclear enrichment plants unilaterally. Obama dispatched General Martin Dempsey, chairman of the Joint Chiefs of Staff, to tell the Israelis that the US wouldn’t participate in a war against Iran begun by Israel unless Washington had given its prior agreement.
On the map on the left, each star indicates the location of a US airbase.
-Submitted by David Drumm (Nal), Guest Blogger
Today we present Barry McGuire in glorious STEREO!
Defining Grief
Published 1, February 4, 2012 Academics , Columns , Courts , Economics , Media , Science , Society , Torts 66 CommentsSubmitted by: Mike Spindell, Guest Blogger
The bible of psychiatric/psychological diagnosis is the “Diagnostic and Statistical Manual of Mental Disorders (DSM)” published by the American Psychiatric Association. What it does is provide a standardization of diagnostic criteria, which allows Mental Health professionals to communicate with one another in a clearly defined set of common understandings.
“It is used in the United States of America and in varying degrees around the world, by clinicians, researchers, psychiatric drug regulation agencies, health insurance companies, pharmaceutical companies, and policy makers. The DSM is a legitimating document and provides legal, medical, and ethical justification for physicians to diagnose and treat, judges to incarcerate and excuse, insurance companies to pay.” http://en.wikipedia.org/wiki/Diagnostic_and_Statistical_Manual_of_Mental_Disorders
First published in 1952 the DSM has undergone five revisions since then. The latest revision will be the DSM V, scheduled for a May 2013 publication. The last major revision in 1994 was called naturally the DSM IV. There are many problems with the DSM. Since this Manual is so important to the treatment for those suffering and recompense for those who profit from psychiatric/psychological needs, this is an issue that needs greater public awareness. I think is most pertinent to look at the underlying issues entailed in the DSM’s new iteration and how it affects us, or those we know. To do so, however, we must look at the problems with the DSM, from a psychological, systemic and economic perspective.
The first critical issue is that no health insurance company, Medicare and/or Medicaid will pay for psychological and/or psychiatric treatment and medication, without a professionally certified diagnostician categorizing the patient with a valid DSM diagnostic code. Thus the DSM’s definitions have critical importance to practitioners, provider agencies, drug companies and health insurance providers. I retired from the Mental Health profession seven years ago and other things have held my interest. However, l I caught a NY Times article, posted at the MSNBC website last week and it brought to mind issues that had bothered me during my career, specifically with the DSM. Continue reading ‘Defining Grief’
-Submitted by David Drumm (Nal), Guest Blogger
For your listening enjoyment, we present The Beatles in glorious STEREO!
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.
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’
-Submitted by David Drumm (Nal), Guest Blogger
South Carolina Department of Motor Vehicles director Kevin Shwedo testified before a House hearing that more than 950 dead people had voted. Shwedo and his staff used records from the State Election Commission, the state Department of Vital Statistics, and the Social Security Administration to calculate the number of zombie voters. Shwedo forwarded his list of names to state law enforcement.
-Submitted by David Drumm (Nal), Guest Blogger
Grab the headphones/earbuds, we present The Zombies in glorious STEREO!
Who in Hell is Saul Alinsky?
Published 1, January 28, 2012 Academics , Columns , Free Speech , Justice , Lawyering , Media , Politics , Religion , Society 53 CommentsSubmitted by: Mike Spindell, guest blogger
I’d actually halfway finished a blog on a different subject today, when I was spun in a different direction. Thursday night I had done something I never do and watched the Republican Debate in Florida. It was frighteningly enlightening to say the least, but what stood out for me was Newt commenting that our President was a disciple of Saul Alinsky. I thought then “How many people today know who Saul Alinsky was and what he represented?” On last nights Bill Maher’s show, Bill asked the question “Who was Saul Alinsky?” as part of his New Rules segment. This morning in HuffPost, Frank Mankiewicz addressed a variant of the same question: http://www.huffingtonpost.com/frank-mankiewicz/america-meet-saul-alinsky_b_1238953.html
The idea of following heroes to me has always seemed silly, yet there are people whose lives and work I deeply admire and to some sense try to emulate. My first was Clarence Darrow and it is therefore no coincidence that I am a denizen of this blog. http://en.wikipedia.org/wiki/Clarence_Darrow . Clarence Darrow’s picture is used above because it is in the public realm, while mysteriously Saul Alinsky’s isn’t. Obviously, Saul Alinsky is another person whose life I admire. http://en.wikipedia.org/wiki/Saul_Alinsky Alinsky was a radical in his methods, but one who eschewed the doctrinaire self assurance of an ideologue. When asked if he ever considered joining the Communist Party he famously replied”
“Not at any time. I’ve never joined any organization—not even the ones I’ve organized myself. I prize my own independence too much. And philosophically, I could never accept any rigid dogma or ideology, whether it’s Christianity or Marxism. One of the most important things in life is what Judge Learned Hand described as ‘that ever-gnawing inner doubt as to whether you’re right.’ If you don’t have that, if you think you’ve got an inside track to absolute truth, you become doctrinaire, humorless and intellectually constipated. The greatest crimes in history have been perpetrated by such religious and political and racial fanatics, from the persecutions of the Inquisition on down to Communist purges and Nazi genocide.”
His was a belief that has resonated with me since those radical days in the 60’s, with the Movement, when I was surrounded by and courted by various ideologies, mostly Marxist whose rigidity of thought and party line belief, actually disgusted me. Yet there was Alinsky, the man who literally wrote the book on community organizing, who felt similarly towards ideological rigidity. He was truly an America Patriot, whose guiding idea was to assist downtrodden people to gain power over their lives and give them a chance to decide their fates. Alinsky was a man who achieved great success, if you define success as achieving ones goals. The disdain and demonization again being heaped upon him today comes from the very real threat his methodology has towards the 1% elite and curiously that aim of his was the reinstatement of “The American Dream” of freedom, equality and social justice. Continue reading ‘Who in Hell is Saul Alinsky?’
-Submitted by David Drumm (Nal), Guest Blogger
We present for your listening enjoyment, The Four Seasons in glorious STEREO!
English Court Rules That Company Violated Copyright Protections By Selling Its Own Photo Of A London Bus Resembling Someone’s Photo Of A London Bus
Published 1, January 27, 2012 Academics , Bizarre , Free Speech , International , Media , Society 11 Comments
We have often discussed the ever-widening scope of copyright and trademark laws. This trend has prompted lawsuit over using generic images or terms, obvious parodies, or names. Now, an English court has ruled in favor of UK souvenir maker Temple Island Collection Ltd against New English Teas for using a picture of a London bus. Not a picture taken by Temple Island, mind you: Taking its own picture of a London bus that the court deemed as too close to a picture of a London bus taken by Temple Island. The Defendant used photoshop software to alter the image.
From the Bottom of My New Heart
Published 1, January 22, 2012 Academics , Columns , Media , Science , Society , Uncategorized , USA Today 36 CommentsSubmitted by: Mike Spindell, guest blogger
For the first time I am writing a guest blog with a blatant message supporting a cause that you might say is near and dear to my heart. I hope Professor Turley excuses this personal usage of my guest blogging
privileges, as hopefully will my fellow guest bloggers. Here is my pitch. Some regulars here at the Turley blog know that I am a heart transplant recipient. I received my new heart in October 17, 2010, two days after the birth of my third grandchild. I am, needless to say, an extremely lucky man. My nuclear family all had heart issues. My parents both died at the age of 54 from heart attacks (Myocardial Infarctions {MI’s} as they’re known in the trade). It was my mother’s fourth or fifth and came as a result of her third stroke. When my father died, the requisite autopsy found that this was actually his second MI. My older brother has also had a severe stroke and an MI, but thankfully he is doing quite well today at age 75.
The main reason I am alive today, beyond the fact of my heart transplant, is because my wife during the worst stages of my illness, literally saved my life four times. Her love, care-giving, watchfulness and fierceness in ensuring my medical care, pulled me through very difficult times. We married thirty years ago when I was thirty-seven and six months later I suffered a massive MI, literally destroying one of my three main arteries. Unlike me, she had never experienced the severe illness of someone close, so this transition was obviously shattering but she saw me through. I guess you could say that there is a certain resiliency about me because I was to have two more MI’s at five year periods and yet was able to recover from them and work productively. However, seven years ago at age sixty, in the prime of my profession; I developed Congestive Heart Failure (Cardio Myopathy) and was forced to retire. Continue reading ‘From the Bottom of My New Heart’
-Submitted by David Drumm (Nal), Guest Blogger
In memoriam: we present Johnny Otis in glorious STEREO!
“The Authoritarians”, A Book Review and Book”
Published 1, January 21, 2012 Academics , Columns , Free Speech , Justice , Media , Military , Politics , Religion , Science , Society 30 CommentsSubmitted by: Mike Spindell, guest blogger
This week I’m presenting something a little different as a blog. I’ve just read an incredibly interesting book that I was turned onto by either or both, Dredd and Anon Nurse. This book has added scientific clarity to a phenomenon that I’ve noticed for many years, with dismay. Why is it that some people, in the face of overwhelming evidence to the contrary, doggedly hold onto beliefs that they can’t logically defend? We can all agree that there are some issues that simply do not lend themselves to being categorized into absolutes of right and wrong. However, I will let the reader catalog those issues mentally, since there will be some who would no doubt take umbrage from any examples I would personally present. Yet I assert that there are some issues where despite probable protests, are not open to rational dispute. One of these is the age of the Earth and the Universe. The Earth is far older than Creationists/Intelligent Design advocates would set at six or seven thousand years. This is proven fact. I note that there are many religious people who accept this scientific fact and yet still believe in a creator and while not by any means a fundamentalist, I do believe that there is a creative force that informs the Universe. Whatever that force may be, it did its thing multiple billions of years ago.
I presented the above to illustrate the difference between a proven fact and an as yet, if ever, provable belief. The book “The Authoritarians” was written by Bob Altemeyer, Associate Professor, Department of Psychology, University of Manitoba, Winnipeg, Canada. Professor Altemeyer has spent more than forty years doing research as a Social Psychologist into the parameters and root causes of authoritarian behavior in human beings. John Dean, of Watergate renown, made Bob semi-famous by using Bob’s work as a framework for his book “Conservatives Without Conscience”. I call Professor Altemeyer “Bob”, not out of personal familiarity, but because one of the joys of this book is that though it is a serious socio-psychological work, it is written by a man who doesn’t take himself too seriously, while presenting a very serious subject. My original intent in writing this piece was to present my conclusions, using the book as backup. However, the book, though well-documented, is only 262 pages and at the end of this piece will be a link that allows you to download it for free and read it. Bob presents this important topic far better than I could ever condense it. I’ll just give you a taste, hopefully whetting your appetite and then let you read it for yourself and draw your own conclusions. Continue reading ‘“The Authoritarians”, A Book Review and Book”’
-Submitted by David Drumm (Nal), Guest Blogger
In memoriam: we present Etta James in glorious STEREO!
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.
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’
Robot Love?
Published 1, January 14, 2012 Academics , Bizarre , Columns , Courts , Economics , Justice , Lawyering , Media , Politics , Religion , Science , Society , Torts 50 CommentsSubmitted by: Mike Spindell, guest blogger
Almost four weeks ago I read an article in Huffington Post entitled: “Can Loving A Robot Lead to Divorce?” by Vicki Larson, a journalist. http://www.huffingtonpost.com/vicki-larson/robots_1_b_1150679.html Ms. Larson introduces her piece by quoting the claims of a current manufacturer of anatomically correct “sex robots”, who presumably speak and move in sexual ways. I followed the article’s link to the website of the robots inventor, Douglas Hines, who enthusiastically discusses his creation and has a few videos (non-explicit) that demonstrate the robot’s “capabilities”. While the HuffPost article links the Company’s website, I’m not doing it here, since publicizing this device is not my aim. Should you want further information it is available at the articles link. The “sex robot” being produced now is but an update on inflatable sex toys, though with a “skeleton”, rudimentary movement and speech added. It therefore is only an opening reference to a real issue that will shortly become scientifically possible.
The next part of this short article is an overview with of the opinion of Artificial Intelligence Expert David Levy http://www.scientificamerican.com/article.cfm?id=humans-marrying-robots “It also may be the future of love and marriage, if you believe artificial intelligent (AI) expert David Levy, author of Love and Sex With Robots. According to Levy, human-robot sex, love and marriage is inevitable — perhaps as soon as 2025. He predicts that robots may not only be more lovable and faithful than many humans, but they may even be more emotionally available than the “typical American human male.” Not only will they make us become better, more creative lovers, but they also will offer those singles who feel a void in their emotional and sexual lives and married couples with differing sexual needs new, nonjudgmental ways to be happy and healthy. Although Levy believes that the “availability of regular sex with a robot will dramatically reduce the incidence of infidelity as we know it today,” he also acknowledges there may be some potential sticky points. “Some human spouses and lovers might consider robot sex to be just as unfaithful as sex with another person.”
Levy’s view naturally flows into the conclusion of the article which is an E Mail interview with Sonya Ziaja, a San Francisco Bay Area attorney who blogs at numerous law and policy media outlets as well as her own, Shark. Laser. Blawg.
“And what could be more fraught with legal dilemmas than a love triangle among a married couple and a sexbot? How that might impact a divorce? That’s what Ziaja explores in her paper, “Homewrecker 2.0: An Exploration of Liability for Heart Balm Torts Involving AI Humanoid Consorts,” which she presented at the 2011 International Conference on Social Robotics that took place in Amsterdam at the end of November.
“If the doll’s owner becomes enamored with the doll, and leaves his spouse, can the spouse sue as she or he would be able to if the interloper had been human? And who would be sued? The manufacturer? Inventor? The AI itself?” she questions. “So long as we’re intent on adding socially interactive AI into situations that would ordinarily be only human. … socially interactive robots need to be ‘safe to play with’ in a way that manufacturers of toaster ovens never had to imagine.”
Thus we are presented here with a legal quandary instigated by the advent of revolutionary technology affecting serious legal, moral and ethical issues. How should we view this inevitability and how shall we deal with it as a society? Continue reading ‘Robot Love?’
-Submitted by David Drumm (Nal), Guest Blogger
If you were disappointed that this song was mono on their 2009 box set, rejoice, because we present The Beatles in glorious STEREO!
Pat and Keith’s Excellent Adventure: Pundit Soap Operas
Published 1, January 14, 2012 Media , Politics 43 CommentsSubmitted by Mark Esposito, Guest Blogger
Venerable daytime soap One Life To Live may have signed off for the last time Friday after 44 years, but the tales of two political pundits are poised to take up the slack. msnbc reports that uber-conservative Pat Buchanan has been granted leave of absence from the cable network after coming out with his new screed book, Suicide of a Superpower. With tantalizing chapter titles like The End of White America and The Death of Christian America, network chief Phil Griffin pulled the plug on msnbc’s version of the “Wild Man of Borneo” in October saying he “didn’t think it should be part of the national dialogue much less part of the dialogue on MSNBC.” Amen to that brother, but shouldn’t we at least get a little sample like this beaut:
Back then, black and white lived apart, went to different schools and churches, played on different playgrounds, and went to different restaurants, bars, theaters, and soda fountains. But we shared a country and a culture. We were one nation. We were Americans.
Continue reading ‘Pat and Keith’s Excellent Adventure: Pundit Soap Operas’
-Submitted by David Drumm (Nal), Guest Blogger
Today we present Gogi Grant in glorious STEREO!
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 Ron Paul A Clear and Present Threat To War Correspondents?
Published 1, January 6, 2012 Media , Military , Politics 69 Comments
We have yet another live mike mishap. While reporters were waiting to hear from President Obama on his reform of the military, a C-Span mike picked up on reporters saying “See this room? Two-thirds of us laid off when Ron Paul is president.” It is a far point. How can Paul claim to be serious about creating jobs when fewer wars mean fewer war correspondents? In the meantime, President Obama should be credited with taking an unpopular step in calling for a reexamination of our long-standing “two-war” strategy of maintaining an army ready to fight two conventional wars.
Continue reading ‘Is Ron Paul A Clear and Present Threat To War Correspondents?’
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′
Chinese Official Arrested In Suspected Murder Of Tycoon By Poisoning His Cat Stew
Published 1, January 4, 2012 Animals , Bizarre , Criminal law , International , Media 12 Comments
This story has it all from culinary, cultural, legal and political angles. Chinese police have arrested a local Communist party official from Guangdong for poisoning the boiled cat stew of a billionaire, Long Liyuan, 49. The accused, Huang Guang, is deputy director of agriculture in Guangdong’s Bajia township and was in a business dispute with Long.
Continue reading ‘Chinese Official Arrested In Suspected Murder Of Tycoon By Poisoning His Cat Stew’
-Submitted by David Drumm (Nal), Guest Blogger
Hope you got headphones/earbuds for Christmas. Get them and enjoy Jimmy Cliff in glorious STEREO!
-Submitted by David Drumm (Nal), Guest Blogger
Enjoy The Rolling Stones in glorious STEREO!
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’
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 Comments
The 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’
-Submitted by David Drumm (Nal), Guest Blogger
-Submitted by David Drumm (Nal), Guest Blogger
Today we have Bobby Helms in glorious STEREO!
The Real Insurance Frauds
Published 1, December 24, 2011 Columns , Congress , Courts , Criminal law , Economics , Justice , Lawyering , Media , Politics , Society , Uncategorized 29 CommentsSubmitted by: Mike Spindell, guest blogger
It’s Christmastime again and since my childhood, long ago, the Frank Capra film “It’s A Wonderful Life” has been shown time and again in this season, providing a message of redemption, hope and joy that we associate with this time of year. You all know the plot about selfless George Bailey (James Stewart) a man who has sacrificed his dreams for others and because of his selflessness winds up running the Bailey Building and Loan Association, of Bedford Falls, NY. Because of George this institution has provided home loans for the poor of this rural community and serves as its bank. With the Company on the verge of bankruptcy, through duplicity, George is on the verge of suicide distraught over the losses to those he loves and worried by needs of the average people of his town. You all know this plot and if you don’t its summary is here. http://en.wikipedia.org/wiki/It%27s_a_Wonderful_Life#Plot . I must warn you, perhaps it’s the time of year but I choked up reading the plot, yet again, as I do every time I see this beloved movie.
This introduction has not been made because I’m about to write about banks, or the depredations of the banking industry. Others here and our host have already written extensively on the predatory nature of the banking industry and the harm it has caused to our country. My point of this opening is that we have all grown up with certain mythologies about businesses that provide financial services to the public. This film has had a place in defining that American mythology, in this instance about a bank of sorts, whose leader believes in aiding the community first and profits second. Myths shape our thinking and from my youth I still remember the ad slogan “You have a friend at Chase Manhattan”.
We’ve discovered that banks are anything but our friends. Their bottom line has surpassed service to the point that each customer is looked at as a “cash cow”, to be plundered incessantly with usurious interest and fees for what should be free services. But what about “You’re in Good Hands with Allstate”, “Nationwide Is On Your Side”, or “Like A Good Neighbor State Farm is There”? Surely the Insurance industry supplies the safety net we want for our homes and cars. Do they? Last week I was sent an article by the Independent Claims Adjuster handling my interminable case for mold damage to my home. He’s helping greatly so this isn’t about me, but the article he sent certainly puts into context all the delays in the process and how property insurance companies are maximizing their profits at the expense of their customers. Continue reading ‘The Real Insurance Frauds’
-Submitted by David Drumm (Nal), Guest Blogger
For your listening enjoyment, we present Jimmy Dean in glorious STEREO!
Facebook Felon: Chicago Man Charges After Posting Picture of Bound Child
Published 1, December 22, 2011 Bizarre , Criminal law , Media , Society 31 Comments
We have previously seen the trend of people who post on sites like Facebook and then find the postings used as evidence against them. The latest is Andre Curry, 21, who was charged Tuesday with aggravated domestic battery after he posted a photo of his 1-year-old daughter bound in duct tape on Facebook.
Continue reading ‘Facebook Felon: Chicago Man Charges After Posting Picture of Bound Child’
The Turley Blog Needs Your Vote! The ABA Competition Is Down To The Wire For Top Opinion Blog
Published 1, December 21, 2011 Academics , Courts , Criminal law , Economics , Environment , Free Speech , International , Justice , Lawyering , Media , Military , Politics , Religion , Science , Society , Supreme Court , Torts 54 Comments
This year’s competition for the top opinion blog by the American Bar Association has become an intense race between our blog and one of the largest conservative legal blogs, Volokh Conspiracy. Even though VC is one of the largest blogs in the country, we are only a couple of dozen votes away with voting closing on December 31st. We need every vote so please spread the word to civil libertarians and others that we need their support to pull off the ultimate David and Goliath victory.
Continue reading ‘The Turley Blog Needs Your Vote! The ABA Competition Is Down To The Wire For Top Opinion Blog’
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?’
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’
-Submitted by David Drumm (Nal), Guest Blogger
We present The Dave Clark Five in glorious STEREO!
-Submitted by David Drumm (Nal), Guest Blogger
Although it may look Photoshopped, it’s not. It’s a landing at runway 10 at Princess Juliana International Airport, St. Maarten, in the Netherlands Antilles. The runway is short, 7546 feet, and large, heavy aircraft need every inch, and so touch down as soon as possible. This makes for some hair raising plane spotting for those on the beach.
-Submitted by David Drumm (Nal), Guest Blogger
For your listening pleasure, we present Sam & Dave in glorious STEREO!
Is the American Left Ineffective in Economics?
Published 1, December 17, 2011 Academics , Columns , Congress , Justice , Media , Politics , Society , Things That Tick Me Off 38 CommentsSubmitted by Mike Spindell, guest blogger
“Ian Fletcher is Senior Economist of the Coalition for a Prosperous America, nationwide grass-roots organization dedicated to fixing America’s trade policies and comprising representatives from business, agriculture, and labor.” http://www.prosperousamerica.org/2011/02/23/ian_fletcher/
Mr. Fletcher wrote an article in HuffPost this week titled ” Why Is the American Left So Ineffective in Economics?” http://www.huffingtonpost.com/ian-fletcher/why-is-the-american-left-_b_1142615.html?ref=politics&ir=Politics . On my first reading of this article, I sped through it cursorily, with general agreement and approval, book marking the link for further reference. As the day went on the article remained stuck in the back of my mind, for there was something about it that disturbed me, but I couldn’t quite figure out why. I looked up Mr. Fletcher’s credentials and they seemed good and certainly not one of being a Corporatist economist. The Coalition for a Prosperous America appears a worthwhile middle-of-road organization, whose supporters include labor unions, as well as medium and small businesses. They look askance at current US trade policies and that is a view with which I agree. Mr. Fletcher has a book titled: “Free Trade Doesn’t Work” http://www.freetradedoesntwork.com/ which people I respect like Fritz Hollings and Thom Hartmann have praised. In it he discusses how there is a free-trade hegemony of both Democrats and Republicans representing the Washington establishment and marginalizing all the voices who disagree with free trade policies. This hegemony is what I describe as the Feudalist Corporatocracy. This is a man with who I’m in general agreement, why then my discomfort with his thesis in this article?
This article opens up with the following paragraph: “Anyone who’s still in a state of denial about the thesis implied by the title of this article can stop reading right here. I’ll just assume it’s obvious enough that we can take it as a given.” He’s right, the thesis implied in the title is indisputable. The Left has been ineffective in combatting the economic policies started by Ronald Reagan’s election and has been in constant retreat from the onslaught of right-wing economic policies. This has been true to such an extent that Bill Clinton reaffirmed Alan Greenspan as the head of The Federal Reserve and Barack Obama reaffirmed G.W. Bush’s choice of Ben Bernake. Both of these men are little more than philosophical minions/co-dependents of Wall Street and the Big Banks. Where I take issue with Mr. Fletcher is in why he believes the Left’s economic weakness has come about. To me his view of the origins of this Left Wing retreat is shortsighted and ignores the 800 pound gorilla in the room. If we don’t understand the causes of problems we face, then no matter how prescient the analysis of their nature, we are almost powerless to combat them. Since the article in question is rather brief, I’m going to dispute it point by point. Continue reading ‘Is the American Left Ineffective in Economics?’
Sandusky Attorney Inadvertently Sends Reporters To Gay-Sex Line
Published 1, December 14, 2011 Bizarre , Lawyering , Media 15 Comments
Attorney Joe Amendola, the lawyer for former Penn State coach Jerry Sandusky, has been criticized for his going on television with his client for interviews that appeared to not only harden the public’s view against Sandusky and, as to Sandusky’s call in statements, could be used at trial. He has also been criticized as a controversial choice in a sex-scandal case when he was accused of impregnating a 16-year-old client (who he later married). Now, an innocent quip has landed him again in controversy when he told reporters to call 1-800-Reality, which turns out to be a real number featuring gay-sex.
Continue reading ‘Sandusky Attorney Inadvertently Sends Reporters To Gay-Sex Line’
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.
Continue reading ‘China Arrests Two Bloggers For The Crime Of Spreading Rumors’
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.
The US Chamber of Commerce, the Enemy Within?
Published 1, December 11, 2011 Columns , Congress , Environment , International , Media , Politics , Society , Things That Tick Me Off , Uncategorized , USA Today 37 CommentsSubmitted by: Mike Spindell, guest blogger.
During the Cold War a phrase “The Enemy Within” became popular. It was a reference at first to Communist subversion exemplified by Senator Joseph McCarthy’s witch-hunt. Later it was used with other issues such as in Robert F. Kennedy’s book “The Enemy Within” which dealt with corruption in the Labor Movement, specifically Jimmy Hoffa and his teamsters. Recently, Michael Savage, right wing talk show host, wrote a book using that same title, though in this case referring to liberals and progressives as being seditious. The connotation of this phrase is that the group so labeled represents an internal movement that is so dangerous to the interests of the United States, that it can be seen as subversive.
Some may be shocked then by the title of this post. Almost all of us have grown up thinking of the Chamber of Commerce as a uniquely American Institution. Throughout the US whether in cities or in hamlets, the business community has banded together to promote local commerce and build interrelated networks. When we think of this, we think mainly of local small businesses, which are the backbone of this nation’s economy. To be honest until this week I’ve never give much thought to the Chamber of Commerce until as a MoveOn.com member I received a petition from an affiliated new organization called SumOfUs.
“SumOfUs is a brand-new global movement of consumers, investors and workers using our collective economic power for good. Together, we will work to hold the world’s corporations accountable to the public interest and move our global economic system towards social equity, democratic principles, and long-term sustainability.” http://googlequitthechamber.org/about/
The purpose of the petition was to get Google to follow the lead of other large corporations and quit the US Chamber of Commerce. The petition made various claims regarding the US Chamber of Commerce which I’ll deal with in this post.
However, I wouldn’t present this post without doing some research on the “Chamber” and its’ activity to look into the validity of the claims being made by the SumOfUs organization. In doing this research I came to realize that in my opinion the United States Chamber of Commerce is an organization that does not act in the best interests of this country and that one can call it subversive, even though it is not treasonous. These are my reasons for this belief. Continue reading ‘The US Chamber of Commerce, the Enemy Within?’
-Submitted by David Drumm (Nal), Guest Blogger
For your listening enjoyment, we present The Animals in glorious STEREO!
-Submitted by David Drumm (Nal), Guest Blogger
Today we present Herman’s Hermits in glorious STEREO!
NewsMax Flames Out: Trump Debate Down To Gingrich and Santorum
Published 1, December 9, 2011 Bizarre , Media , Politics 53 Comments
NewsMax CEO Christopher Ruddy’s cynical and sensational selection of Donald Trump to moderate the next presidential debate has backfired. Ruddy united conservative and liberal commentators and candidates in denouncing him and NewsMax for the obscene idea — with Ron Paul and Jon Hunstman leading the way in immediately refusing to participate in such a circus. Perry, and Romney were the next (rather belatedly) to refuse to participate. Bachmann has now also declined to participate on a program with look of The Apprentice and the dignity of the Jersey Wives. That leaves Santorum and Gingrich who have confirmed that they will appear with a carnival snake charmer to get on TV.
Continue reading ‘NewsMax Flames Out: Trump Debate Down To Gingrich and Santorum’
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.
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.
Continue reading ‘Fox: Constitution Demands Kagan Recuse Herself’
The Republicans’ “Ideas Man” & The Junior Janitors of America
Published 1, December 4, 2011 Media , Politics , Uncategorized 97 Comments
Submitted by Elaine Magliaro, Guest Blogger
A lot of interesting news stories have broken since I last posted at the Turley Blawg nearly a month ago. I’ve kept a running list of them. The story I decided to post about today is one that I placed under the heading “Asinine and Inane Ideas of the 2012 Presidential Candidates.” Now, truth be told, I had a plethora of stories from which to choose…so it wasn’t
easy. I finally selected one about the new Republican frontrunner, a man who has worn many hats—former professor, author, ethically challenged Speaker of the House, serial adulterer, historian, covert lobbyist, king of bling—the one and only Newt Gingrich!
I have often heard talking heads on television refer to Newt Gingrich as the “Ideas Man” and the “intellectual” of the Republican Party. It may be true that Newt has a lot of ideas—but I have to question whether the talking heads consider all of his ideas to be good ideas. I admit that even I was surprised when I heard Newt’s recent pronouncement that child labor laws are stupid when he spoke at Harvard’s Kennedy School of Government. I was truly taken aback when he suggested that school janitors should be fired and that poor kids should clean the schools that they attended.
Continue reading ‘The Republicans’ “Ideas Man” & The Junior Janitors of America’
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?’
-Submitted by David Drumm (Nal), Guest Blogger
Today we present The Tremeloes in glorious STEREO!
Et Tu National Review?
Published 1, December 4, 2011 Academics , Columns , Free Speech , Justice , Media , Politics , Society , Uncategorized , USA Today 44 CommentsSubmitted by: Mike Spindell, guest blogger
The National Review was founded in 1955 by William F. Buckley, Jr. It defined its’ purpose in a statement of intentions:
“Middle-of-the-Road, qua Middle of the Road, is politically, intellectually, and morally repugnant. We shall recommend policies for the simple reason that we consider them right (rather than “non-controversial”); and we consider them right because they are based on principles we deem right (rather than on popularity polls)…” http://en.wikipedia.org/wiki/National_Review
Bill Buckley, the son of an oil baron, was born to wealth and privilege. He was a lieutenant in the Army from 1943 until 1945 when he entered Yale and became a member of Skull and Bones, along with future President George H.W. Bush. In 1953 Buckley became prominent for his book “God and Man at Yale”. So when he founded the National Review he was already prominent in Conservative circles. Oh yes, it should be mentioned he was a CIA field agent under E. Howard Hunt, from 1951 through 1953.
“George H. Nash, a historian of the modern American conservative movement, believed that Buckley was “arguably the most important public intellectual in the United States in the past half century… For an entire generation, he was the preeminent voice of American conservatism and its first great ecumenical figure.”[6] Buckley’s primary contribution to politics was a fusion of traditional American political conservatism with laissez-faire economic theory and anti-communism, laying groundwork for the new American conservatism of U.S. presidential candidates Barry Goldwater and President Ronald Reagan“. http://en.wikipedia.org/wiki/William_F._Buckley,_Jr.
Whether you like the National Review or not, you must admit that it is the single most important magazine of the Conservative movement in America and has been so since its’ founding. As you can see from their mission statement above they claim to eschew popularity and polls, serving higher priciples. I was therefore interested to come across a story this week that calls into question their true dedication to higher principles, or perhaps one of their principles is merely naked greed. Continue reading ‘Et Tu National Review?’
Today’s Celebrity is Yesterday’s Aristocracy
Published 1, December 3, 2011 Academics , Bizarre , Columns , Environment , Media , Politics , Religion , Society , Things That Tick Me Off , Uncategorized , USA Today 11 CommentsSubmitted by Mike Spindell, guest blogger
Andy Warhol, said in 1968 that “In the future, everyone will be world-famous for 15 minutes.” Forty-Three years later the remark has become ubiquitously prescient. The world is awash in a celebrity culture and America is at the acme of this “culture”. From one perspective this is merely the harmless fluff that people use in order to distract themselves from the depressing things their lives have offered. It is the triumph of “kitsch” over substance in the business of being famous. This has been true throughout mankind’s history. The lives and activities of the powerful have been followed by the masses with avid interest and have been the fodder of discussion around what served as the ancient’s water coolers, perhaps the public wells. Without a doubt in ancient Egypt, the Pharaoh’s comings and goings were constant conversational topics. Today, in a much different context, the American multitudes avidly follow the lives of the powerful, rich and famous, via innumerable outlets including Facebook and Twitter.
The question I’m broaching here is if this is a historic human trait, are there negative aspects of it that threaten the functioning and stability of our society? My own answer is that I’m not sure one way or another, but I am concerned about what I see all around me and perhaps would like the writers here to talk me down, so to speak. Now one might rightly ask what does this have to do with the law and the other topics we treat here on a daily basis. Only this week we have had news bulletins and stories about the sentencing of Michael Jackson’s doctor to four years in prison. On that same day no doubt there were dozens of news stories that had greater effect on our lives, yet every network paid much attention to it on their nightly news. At the risk of offending Michael Jackson fans, the death of this once famous “Pop Star”, self titled “King of Pop” if you will, was hardly worth the attention paid to it, when issues of economic collapse, wars, revolutions, genocides and famines raged throughout the media frenzy. Yet, I must say that the media knew their audience and this story catered to that audience. I understand the need for, and I myself have need of distraction from the woes of the world, so it is not as if I hold myself apart from the indulgence. Frequently instances of self loathing come to the fore as I slavishly behold the spectacle that our media creates for us surrounding people and issues that embarrass our attention, as they play out before our wide-eyed gazes. Continue reading ‘Today’s Celebrity is Yesterday’s Aristocracy’
-Submitted by David Drumm (Nal), Guest Blogger
Today we present James & Bobby Purify in glorious STEREO!
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.
Continue reading ‘Turley Blog Selected As A Top 100 Legal Blog — Now We Need Your Vote!’
Florida Judge Combines Criminal Sentencing With Weight Loss Offer
Published 1, November 28, 2011 Bizarre , Courts , Criminal law , Lawyering , Media 10 Comments
Florida Judge Donna Miller is delighted by the results of a novel sentence that she handed down to a 345-pound man jailed for driving with a suspended license. Miller told George McCovery, 37, that she would reduce his time by a pound a day for weight loss. He lost 25 pounds in 20 days and received early release. Miller is one of the judges who has merged justice with the entertainment industry — replaying proceedings on the television show “Lake Courts.” I have previously written about the dangers of such “novel” sentencing in judges using their courtrooms for entertainment or self-aggrandizement. While some judges have been sanctioned for crossing the line in merging judicial with their entertainment careers, Miller appears to be flourishing in the practice.
Continue reading ‘Florida Judge Combines Criminal Sentencing With Weight Loss Offer’
-Submitted by David Drumm (Nal), Guest Blogger
Today we present The Ran-Dells in glorious STEREO!
-Submitted by David Drumm (Nal), Guest Blogger
We have previously discussed the foreclosure firm of Steven J. Baum and the offensive Halloween party where employees mocked foreclosure victims. The firm has filed notifications with government agencies stating their intentions of shutting their doors. The firm employs 89 full- and part-time workers who have to find another source of income to pay their mortgages.
-Submitted by David Drumm (Nal), Guest Blogger
Presented for your listening enjoyment, Connie Francis in glorious STEREO!
Suffolk Professor Resigns Over Anti-Military Statements of Colleague
Published 1, November 22, 2011 Academics , Bizarre , Free Speech , Media , Military 30 Comments
We have been following the uproar over Suffolk Professor Michael Avery’s email criticizing the sending of care packages to troops abroad. Many of us joined in that criticism while supporting Avery’s right to raise his objections. Now, an adjunct professor, U.S. Army Reserve Major Robert Roughsedge, serving in Afghanistan has resigned over the controversy — a curious response that seems to suggest that Avery should not have been allowed to voice such positions.
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Israel Shuts Down Liberal Radio Station For “Incitement” While Moving To Deter Other “Leftist” Media
Published 1, November 21, 2011 Constitutional Law , Courts , Free Speech , International , Media , Politics 16 Comments
The civil libertarian community in Israel is alarmed by the government’s decision to shutdown a radio station that has been outspoken in its opposition to the growing plans for war with Iran. The Israeli-Palestinian radio station called “All for Peace” was shutdown after demands from members of Prime Minister Benjamin Netanyahu’s conservative coalition.
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-Submitted by David Drumm (Nal), Guest Blogger
Break out the headphone/earbuds, today we present Johnny Cash in glorious STEREO!
Submitted by Mark Esposito, Guest Blogger
It must have been that scene from Splendor in the Grass. You know the one where she is called to “stand and deliver” by the Nurse Ratchet-like school marm on William Wordsworth’s poem Ode: Intimations of Immortality. It’s an uncomfortable, vulnerable, and powerful bit of celluloid as the emotionally torn teenage beauty struggles with life and youth lost, and then distraught bursts into tears only to flee the classroom. It seemed a requiem for the 60s, and the reason for the activism of its time. It’s a fair estimate of Wood’s own life, as well.
EU Bans Claim That Water Prevents Dehydration
Published 1, November 19, 2011 International , Media , Politics 17 Comments-Submitted by David Drumm (Nal), Guest Blogger
After a three year investigation, European Union officials have concluded that there is no evidence to prove that water can prevent dehydration. Bottled water producers are now forbidden by law from making such a claim. The European Food Standards Authority (EFSA) refused to approve the statement that “regular consumption of significant amounts of water can reduce the risk of development of dehydration.” Critics have said: “This is stupidity writ large.”
The ridicule has been non-stop. But there are some important details being overlooked.
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-Submitted by David Drumm (Nal), Guest Blogger
A recent acquisition, we present Jimmy Jones in glorious STEREO!
Credibility Gapp: China Cracks Down on “Fake Journalists” In Further Denying Freedom of Press and Speech
Published 1, November 16, 2011 Bizarre , Constitutional Law , Free Speech , International , Media 20 Comments
In the Orwellian world that is the People’s Republic of China, one has to often reverse the meaning of terms to understand their true meaning. That is the case again this week when China announced a new crackdown on journalists to “protect” the public from “fake journalists and news.” In modern Chinese, that means protecting the public from real journalists. The crackdown is being carried out by he General Administration of Press and Publication (GAPP).
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Chicago Journalism Professor: Chicago Police Department Detained Him and Deleted Video of Arrest
Published 1, November 15, 2011 Academics , Constitutional Law , Courts , Criminal law , Free Speech , Media , Politics 56 Comments
EXCLUSIVE. Loyola University Professor Ralph Braseth in Chicago has shared with me a complaint alleging another incident of police ordering a citizen to delete videotape of an arrest taken in public. I have previously written about this worrisome trend. The difference is that Braseth is a journalism professor. The complaint raises some extremely serious allegations of censuring a journalist and violating core constitutional rights. If true, it is a telling retort to the taunting remarks of Judge Richard Posner recently about the “snooping” of citizens on police.
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Penn State: What Did They Know and When Did They Know it
Published 1, November 12, 2011 Academics , Criminal law , Justice , Media , Society 187 CommentsSubmitted By Mark Esposito, Guest Blogger
Who Are Penn State?
That ultimate question uttered by Senator Howard Baker encapsulated the Watergate Era as Congress grappled with assessing culpability of President Richard Nixon, who was then at the zenith of his presidency. Now almost forty years later, the nation is again captured by a fall from grace as steep and as fast as Nixon’s. And again that question has to be asked of “America’s Football Coach.”
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-Submitted by David Drumm (Nal), Guest Blogger
Today we present Lou Christie in glorious STEREO!
The Ultimate News Tip: Journalist Wins Award After Agreeing To Circumcision To Get Story
Published 1, November 8, 2011 Bizarre , International , Media 18 Comments
The journalist, Simon Eroro, really really deserves the award from News Limited for his story on Free West Papua militants. Crossing rivers and jungles was tough enough, but in order to get access he had to agree to the group’s cleansing ritual . . . a circumcision with a bamboo stick.
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The Right of Citizens To Videotape Police
Published 1, November 8, 2011 Congress , Constitutional Law , Courts , Criminal law , Free Speech , Justice , Media , Politics , Society 25 Comments
Below is my column today in The Los Angeles Times where I discuss the continuing trend of arrests of citizens videotaping police. We have followed many more cases but a couple are mentioned in the column. What is most disturbing is that prosecutors and police are continuing to fight court rulings upholding the right of citizens to videotape police.
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Federal Judge Grants Injunction of New Tobacco Labels
Published 1, November 7, 2011 Constitutional Law , Courts , Free Speech , Media , Politics , Society 42 Comments
We have previously discussed the new labeling rules for cigarette packages and I have not hidden my criticism of the graphic images from both a legal and policy perspective. This afternoon, U.S. District Judge Richard Leon handed down a major decision granting an injunction of the rules — a move based on his belief that the cigarette makers are likely to succeed in blocking the new packaging rules.
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ABA Journal Under Fire For Coverage Of Survey Of Legal Secretaries
Published 1, November 7, 2011 Academics , Bizarre , Lawyering , Media , Politics , Society 101 Comments
I often read ABA Journal as a great source of legal stories. The journal however has been the center of controversy this month after reporting on the results of a study on the preference of secretaries vis-a-vis male and female partners. The study by Professor Felice Batlan interviewed 142 secretaries at larger law firms and produced a surprising result: not a single secretary preferred female partners. When the ABA Journal reported that surprising fact, professors accused it of fostering gender stereotypes, misrepresenting the results of the study, and displaying a sexist view of the work. Some demanded a retraction and apology from the ABA Journal.
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A Decade of Misplaced Patriotism
Published 1, November 6, 2011 Congress , Constitutional Law , Courts , Free Speech , Justice , Media , Politics , Society 77 Comments
Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
A milestone passed by most of us this past week. It seems that the Patriot Act birthday cake added a 10th candle this week and there was no party! The infamous Patriot Act turned 10 this week and a decade of attacks on our personal liberties went unnoticed by our Main Stream media. You can probably remember that the act passed with little opposition in the House and with only 1 member of the Senate in opposition. Continue reading ‘A Decade of Misplaced Patriotism’
Not So Happy Valley
Published 1, November 6, 2011 Bizarre , Courts , Criminal law , Media , Society , Things That Tick Me Off 119 CommentsSubmitted by Mark Esposito, Guest Blogger
Happier Times: Sandusky (left) with Paterno
The reports from State College, Pa are shocking. Long-time assistant to iconic coach, Joe Paterno, charged with multiple counts of deviant sexual acts with at least eight minors — most under age 12. University administrators who did nothing despite horrific credible eyewitness accounts of explicit sexual acts in locker rooms and showers. Disadvantaged kids taken advantage of by an authority figure who founded an organization ostensibly to help them, but apparently designed to fulfill his own aberrational desires.
-Submitted by David Drumm (Nal), Guest Blogger
It’s time to enjoy Bill Haley & His Comets in glorious STEREO!
Richmond, VA Photographer Arrested For Trespass on Public Street
Published 1, November 5, 2011 Constitutional Law , Courts , Criminal law , Free Speech , Justice , Lawyering , Media , Society , Things That Tick Me Off 78 CommentsSubmitted by Mark Esposito, Guest Blogger
Richmond, Va photographer, Ian Graham, must be wondering where he was this past Monday as he was arrested by local police for trespassing on a city street. Graham, who was photographing police arresting demonstrators in the Occupy Richmond protest, was told by police he was trespassing as he politely stood near a public crosswalk recording the goings on with his camera. Police claim they told Graham he could take photos but only in the designated “media area,” which was, of course, far from the scene of the arrests.
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-Submitted by David Drumm (Nal), Guest Blogger
Today we present The Drifters in glorious STEREO!
Extremists Firebomb French Newspaper After Publication of Mohammad Cartoon
Published 1, November 4, 2011 Constitutional Law , Criminal law , Free Speech , International , Media , Politics , Religion 18 Comments
The French satirical weekly, Charlie Hebdo, in Paris was firebombed this week by what are believed to be Muslim extremists for printing a cartoon of the Prophet Mohammad in a four-page supplement with other cartoons as part of its “freedom to poke fun” series.
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More Wrong Than Wright: Sheriff Calls For Citizens To Arm Themselves And Mete Out Their Own Justice
Published 1, November 1, 2011 Bizarre , Criminal law , Media , Politics , Society 85 Comments
Spartanburg County Sheriff Chuck Wright surprised many this week in calling a press conference to discuss an assault on a woman in one of the city parks. Wright used the opportunity to repeatedly call on all of the citizens to arm themselves and expressed frustration that someone with a weapon did not come along and take care of Walter Lance, 46, rather than have him dealt with by the justice system. Wright began his news conference by saying, “Our form of justice is not making it. . . . Carry a concealed weapon. That’ll fix it.”
-Submitted by David Drumm (Nal), Guest Blogger
For your Halloween listening enjoyment, we present John Zacherie in glorious STEREO!
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