Year: 2012

NBC Apologizes For Editing Zimmerman Tape

NBC has apologized after being criticized for an editing of the tape of George Zimmerman’s 911 call — an editing that made his comments sound more incriminating and racist. The editing was substantial and the network has said that it is investigating the matter, which constitutes a serious journalist ethical question.

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Day 4-5: Quebec

Our Canadian excursion continued with our final days in Quebec. Yesterday, we went to the Plains of Abraham, the site of the key battle in the Seven Years War. We then walked around Quebec experiencing the shops and cafes. It was a huge amount of fun, though I had to Shanghai the kids into more military historical sites. They proved far more committed in searching for new crêperies and croissants.

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[Not] Breaking Away: Police Capture Bicyclist After High-Speed Chase

We have discussed our share of car chase chases on this blog — often debating the wisdom of high-speed chases or issues of liability. This chase by Czech officers is a stand out. They are traveling at 60 mph (100 km/h) in a chase with a guy on a bike. That’s right, a guy is moving at 60 mph and racing a cruiser on the highway.

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Obama Predicts Health Care Victory, Labels Vote Against Law As “Judicial Activism”

Yesterday, President Barack Obama made the surprising prediction that the Supreme Court would uphold the health care law and further labeled those who would vote against it as judicial activists. I am not sure what he is basing his prediction on, but the comment on judicial activism is both unfounded and unwise.

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Day 3-4: Old Quebec

We are continuing our travels this week in Canada and have been in Quebec for two days now. It is truly glorious and I will be posting some pictures on Wednesday. Ironically, however, the highlight so far has not been the incredible buildings, food, and tours that we have experienced. Those have been amazing. However, the problem is that the kids do not want to leave the hotel. We are staying at the Auberge Saint-Antoine, one of the most beautiful hotels in the country.

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Arizona Passes Sweeping Law Criminalizing Internet Speech

In one of the most sweeping attacks on free speech in America, the Arizona legislature has passed a draconian bill that would criminalize speech on the Internet (“any electronic or digital device”) that prosecutors consider “obscene, lewd or profane language or . . . suggest[ing] a lewd or lascivious act if done with intent to ‘annoy,’ ‘offend,’ ‘harass’ or ‘terrify.’” The law is largely undefined and is in my view facially unconstitutional. The law would drive a stake in the heart of free speech. Yet, people like Bill Clinton have been calling for such a crackdown on Internet speech for years.

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Italian Supreme Court Rejects Father’s Claim That Beating Daughter Is Permissible In The Islamic Culture

As I have discussed previously, I often speak about the cultural defense with a group of experts around the country, including judge Delissa Ridgway. This defense is used in both criminal and civil cases to argue that an individual did not have true intent to commit a crime or should have a mitigated sentence due to a cultural motivation or belief. There are limits however as a father discovered last week in Rome, Italy.

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Toure de Force: CNN and MSNBC Personalities Clash Over Coverage Of Martin Killing

Tongues are wagging over a confrontation between CNN’s Piers Morgan and MSNBC’s Toure (a journalist who appears to go by just one name like Cher or the Artist Formerly Known As Prince). At issue was whether Morgan should have been tougher on George Zimmerman’s brother in an interview or conversely whether journalists like Toure have discarded their neutrality and objective distance in declaring Zimmerman a murderer. Putting aside the childish rhetoric, it is a serious question of whether journalists are crossing the line into advocacy in declaring the guilt of someone like Zimmerman. The controversy has also raised long-standing uncertainty of the role of anchors and journalists in actively supporting a claim, cause or movement.

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Tunisia Rejects Sharia As Basis For New Constitution

Over the years, I have not hidden my opposition to Sharia-based legal systems and the types of grotesque forms of justice that they mete out to their citizens. There is little good news from this area of the world as revolutions in Libya and Egypt go careening toward Islamic states. However, this week we have a modicum of good news. Tunisia’s governing Islamist party has decided to oppose a move to make sharia law the main source of legislation in a new constitution. They appear to be doing better than our allies in Iraq and Afghanistan who are increasingly applying harsh Islamic principles.

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Day 1-2: Montreal

I am traveling on business this week in Canada and Vermont. I decided to bring the family and, as in the past, I thought I would share some of what we saw and experienced from any of our blog regulars traveling in this direction. We began the journey by driving up to Montreal from Virginia (11 hours). While this is a working trip for me, we are packing in a lot of sight-seeing and, when I am working, Leslie and the kids are out and about with their iPhones at the ready.

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Teachers Under A Morality Microscope

Below is my column this morning in The Los Angeles Times on the increasing number of cases where teachers are punished for comments or activities in their private lives — often under nebulous disruption or moral turpitude grounds. While the recent case of a teacher moonlighting as a porn star in California raises understandable concerns for school officials, most of these cases involve either past conduct or clearly protected speech. This is part of a broader number of cases that we have been following dealing with public employees ranging from city managers to police officers to firefighters. The question is how much our public employees must confirm their political and social activities to satisfy members of the public.

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MK 269

 

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

I know what you may be thinking.  Just what is that title all about?  It is not the serial number of the C-124 picture here.  It is an address of sorts, but you can’t find it on Google maps or with your GPS system.  It also represents a destination, of sorts, for myself and my family.  It took over 61 years to get this address and on last Monday, March 26th, 2012, my family took possession of this address for the first time. Continue reading “MK 269”

A Small Victory Against Corporatism

by Gene Howington, Guest Blogger

On Friday, a small victory was had against the ever encroaching corporatism threatening our democracy.  Rep. Chris Van Hollen (D – MD) brought suit against the FEC last year. In his suit, Van Hollen charges that in 2007 the FEC created a loophole allowing undisclosed donors to contribute money for “electioneering communications” to organizations like Karl Rove’s 501(c)(4) advocacy group Crossroads GPS and to 501(c)(6) business associations like the Chamber of Commerce for the purposes of by willfully misinterpreting disclosure requirements in the Bipartisan Campaign Reform Act of 2002 (a.k.a. McCain-Feingold). “Electioneering communications”  are broadcast ads that refer to a federal candidate in the period 60 days before a general election or 30 days before a primary election.  These ads may call for either the election or defeat of a specific candidates.

In 2007, the FEC added a regulation that complicated the situation. The rule in question – C.F.R. Title 11 § 104.20 (c)(9) – (found at 2 U.S.C. 434(f)) – says “If the disbursements were made by a corporation or labor organization pursuant to 11 CFR 114.15, the name and address of each person who made a donation aggregating $1,000 or more to the corporation or labor organization, aggregating since the first day of the preceding calendar year, which was made for the purpose of furthering electioneering communications.”  Clearly the FEC is saying that disclosure is only required if a donation is explicitly made “for the purpose of electioneering communication.”  Being that few, if any, donors to these groups ever earmark their donation for a specific election expense there has been little or no disclosure of the donors to these groups.

There is a problem with that regulation though.

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Audio Experts: Cries For “Help” On 911 Tapes Not Zimmerman’s

By Mark Esposito, Guest Blogger

The  chair emeritus for the American Board of Recorded Evidence, Tom Owen, and Ed Primeau, a Michigan-based audio engineer and forensics expert, have independently concluded that the furtive pleas for help clearly heard on the 911 tapes are not George Zimmerman’s. Both acknowledged experts used voice enhancing software, but different techniques, to rate the probability of the voice being Zimmerman’s at no more than 48%.  A 90% match is considered scientifically reliable.

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Defending Our Freedoms?

Submitted by: Mike Spindell, Guest Blogger

A recurring meme used in American society by leaders and politicians is that certain acts must be done to “Defend Our Freedoms”. The use of this meme has occurred repeatedly in our history as a justification for certain governmental actions, particularly in defense of war. In some cases like our Revolution, or World War II its usage has been right on point, in others like Viet Nam, Iraq and Afghanistan it’s been used as untruthful propaganda. On national and local levels the meme has also had a mixed history. It has been used to persecute radicals, as a States Rights justification of “Jim Crow” and post 9/11 to enact “security” legislation that many of us think actually diminishes freedom in the name of saving it. Continue reading “Defending Our Freedoms?”