Year: 2012

Bizarre, Free Speech, International, Justice

Dirty T-Shirt Defamation

Submitted by Gene Howington, Guest Blogger

Is an opinion defamation?  Is it defamation if it is worn on a t-shirt?  Is it defamation if you post a picture of yourself wearing said t-shirt on Facebook?  Is the manufacturer liable for civil damages a purchaser of their t-shirt incurred since they wrote the content later found defamatory?  An unusual case in Spain raises these questions and more.

A woman in Madrid, Spain is certainly perplexed by a court ruling that found her guilty of a “dignitary tort”. She was sentenced and initially ordered to pay 2,000 euros ( ≈ $2640) in damages and a 240 euro-fine ( ≈ $317), but the court later reduced the damages on appeal to 1,000 euros ( ≈ $1320) and eight days of house arrest in lieu of the fine.  Adding insult to injury, the claimant – her ex-husband – asked that the damages be paid in installments to supplement his 700 euro per month income ( ≈ $924 per month).

This is a cause of action here is one we do not have an exact analogy for in the United States, but defamation is close.  Historically, the primary dignitary torts recognized in English and subsequently American law are battery, assault, and false imprisonment.  These torts still exist under modern American tort law, but they also have criminal law counterparts because they contain elements of violence.  Under modern jurisprudence, the term dignitary torts is more closely associated with defamation (slander and libel), false light, intentional infliction of emotional distress, invasion of privacy, and alienation of affections. In some jurisdictions, the use of the phrase “dignitary torts” is limited to those torts which do not require the threat of or actual physical injury. What was required in the present Spanish case was that the statement in question insulted someone’s dignity and effectively damaged that person’s reputation.

What did this woman do to merit this punishment?  She posted a picture of herself to Facebook wearing a t-shirt with a slogan on it.  Her boyfriend bought it for her while they were on vacation.  It’s the kind of “gag t-shirt” commonly sold around the world.  What did the shirt say that was so offensive?  I’ll tell you below the fold.

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Congress, Constitutional Law, Free Speech, Politics

Imprecise Language and the Risks of H.R. 347

Submitted by Gene Howington, Guest Blogger

Coincidentally and often, abuses of civil or human rights in the United States derive from the same source as law made via precedent. That source is vague or overly broad legislation and imprecise use of language.  As a matter of good drafting practice, this is why precision language is encouraged – to provide clarity and minimize ambiguity in the letter of the law. When vague laws create issues in court, the court either makes a ruling creating precedent and consequently a plan of action for how to address the issue moving forward although occasionally a law is overturned in toto for vagueness and the legislature can take a fresh swing writing the law.

However, it seems to be a trend that vague or overly broad language could be fairly described as being purposefully adopted allowing “wiggle room” for Federal authorities to potentially abuse civil and human rights under the color of authority. This is a dangerous practice. The issue of vagueness is at the heart of the NDAA scandal as recently discussed on the blog here, here and here. While the NDAA poses a threat to your 4th, 5th and 6th Amendment rights, the newest attack of vague language is aimed at your 1st Amendment rights of Freedom of Speech, Freedom of Assembly and Freedom to Petition. It is found in the pending legislation of H.R. 347, innocuously titled the “Federal Restricted Buildings and Grounds Improvement Act of 2011”. As currently worded, it might as well have been called the “Federal We’re Too Important To Be Annoyed By Your Protest Act of 2011” or (as described by Rep. Justin Amash (R-MI), one of the few Representatives to vote against the bill) the “First Amendment Rights Eradication Act” because it effectively outlaws protests near people who are “authorized” to be protected by the Secret Service.  Being that the bill passed on a House vote 388-3 and is currently coming out of committee in the Senate, its progress is something civil libertarians and activists may want to monitor. UPDATE: President Obama signed H.R. 347 into law on March 9, 2012.

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Academia, Congress, Constitutional Law, Courts, Criminal law, International, Justice, Lawyering, Media, Politics, Society, Supreme Court, Testimony, Torts

A Corporate Tale

Submitted by: Mike Spindell, guest blogger

This week Huffpost ran an article titled:“IBM’s Role in the Holocaust — What the New Documents Reveal”, written by Edwin Black. The article was a followup to Mr. Black’s book “IBM and the Holocaust” published in 2001. As Mr. Black puts it justifying this particular article:

“Newly-released documents expose more explicitly the details of IBM‘s pivotal role in the Holocaust — all six phases: identification, expulsion from society, confiscation, ghettoization, deportation, and even extermination. Moreover, the documents portray with crystal clarity the personal involvement and micro-management of IBM president Thomas J. Watson in the company’s co-planning and co-organizing of Hitler’s campaign to destroy the Jews.” http://www.huffingtonpost.com/edwin-black/ibm-holocaust_b_1301691.html?ncid=edlinkusaolp00000009

These are of course pretty serious charges being made about one of the world’s most famous companies and about its founder. While I will present the nature of these charges and the specificity of the author’s alleged proof in the piece, it really is not my focus to condemn IBM one way or another, or even to vouch for the truth of the article. I will provide a link that offers a different perspective on these charges and will leave it to you the reader to decide what you think of them. My real purpose here is to discuss the necessary amorality of Corporations and what effect that amorality has upon nations and people. Continue reading “A Corporate Tale” →

Bizarre, Criminal law, Society

Piling On: The Saints of Football

By Mark Esposito, Guest Blogger

A disturbing report from the NFL released on Friday charges that the coaching staff of the New Orleans Saints tolerated and encouraged a bounty system designed to violently remove opposing players from the game. The bounties ranged from $1,000.00 for putting an opponent out of the game to $1,500.00 for a “cart off.” A “cart off” being injuring an opponent so severely that he would have to literally be physically helped to leave the field of play.

In 2009, the Saints were the league’s poster boy for “feel good football.” Following the devastation of Hurricane Katrina, the Saints were credited with boosting the spirits of New Orleans and providing the impetus to rebuild. Indeed, it may have been the only institution in the storm ravaged town actually functioning as intended. It’s Super Bowl win for the 2009 season after decades of frustration as the league’s laughing-stock, was seen as a vindication of the power of sport to unite a community and help it over come adversity. It’s diminutive quarterback, Drew Brees, was seen as a national hero for his laudable efforts to restore some civic pride to the devastated city. But behind all the glory was a dark secret that permeated the team and could topple its legacy.

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Bizarre, Society

Sometimes A Shield Is Just A Shield

-Submitted by David Drumm (Nal), Guest Blogger

Wasilla Alaska, the hometown of ex half-governor Sarah Palin, is in the news again. Artists Jim Dault and Shala Dobson were commissioned to create an outdoor sculpture for Wasilla High School. The $100,000 work of art is entitled “The Warrior Within” and is pictured on the left.

The problem? Some parents and students think it looks like … girlie parts.

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Academia, Free Speech, International, Media, Politics, Religion, Society

Dershowitz Calls On Media Matters To Fire Critic Of Israel

In a controversial interview, Harvard University professor Alan Dershowitz has called not only for the White House to sever ties with Media Matters, but has called upon Media Matters to fire staff member M.J. Rosenberg for this criticism of supporters of Israel. Clearly, this is not a first amendment issue that arises when the government is asked to engage in censorship or coercion with regard to critics. However, the demand for Rosenberg’s termination does raise serious concerns over the freedom for writers to raise often controversial topics and positions. Rosenberg was voicing a common objection over Israeli policy and the demands for his termination sends a chilling message for anyone who voices such positions.

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Bizarre, Congress, Constitutional Law, Courts, Politics, Society

Should A House Member Force An Aide To Grant A Jewish “Get”?

A campaign to pressure Rep. Dave Camp, R-Mich., is well underway, but it is not the usual parade of industry lobbyists that run feral in the halls of Congress. Rather, Camp is facing demands that he pressure his adviser Aharon Friedman to grant a Jewish “get” to his wife who wants to divorce him. Jewish community members are seeking to pressure Friedman by pressuring Camp, but is that an appropriate matter for a Member of Congress or any employer?

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Bizarre, Criminal law, Society

The Thin Blue Lie? Video Clears Brooklyn Man Of Attempting To Run Over Officer . . . But What About The Officer?

John Hockenjos, 55, is a New York man accused of trying to run over a Brooklyn officer with his car. The officer claimed that Hockenjos tried to run him over — a claim strikingly familiar to past cases that we have discussed. However, on this occasion, the citizen had this night-vision surveillance tape that showed that the officer lied. The felony charges have now been dropped, but there remains the question of the officer. Citizens are routinely charged criminally for making false claims to police. However, officers are rarely fired, let alone charged, in such cases.

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Bizarre, Courts, Criminal law, Lawyering, Society

Georgia Judge Resigns After Pulling Gun In Courtroom And Advices Domestic Abuse Witness That She Might Want To Shoot Her Lawyer

Georgia Chief Judge David Barrett, chief judge of the Enotah Judicial Circuit, has resigned over what the district attorney called “a poor rhetorical point.” District Attorney Jeff Langley’s description may not quite capture the moment. Barrett pulled out a gun in his courtroom in the Enotah Judicial Circuit and told a women in a domestic assault case “You might as well shoot your lawyer.”

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Courts, Free Speech, Lawyering, Politics, Society

Racist or Clueless? Chief Judge of Montana Under Fire For Obama Joke

Chief U.S. District Judge of Montana Richard Cebull is under fire for a joke that he sent to friends from his court email. The email has been denounced as racist and “compares African-Americans to dogs.” He insists that it was not for public circulation and reflected his dislike for the president, not black people.

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Bizarre, Criminal law, Society

Lesbians Charged With Anti-Gay Attack in Controversial Massachusetts Case

There is an interesting claim in Massachusetts where three women are charged with a hate crime for allegedly beating a gay man at a train station. In their defense, lawyers are arguing that it is effectively impossible for the women to commit a hate crime because they are lesbians.

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Bizarre, Constitutional Law, Criminal law, Free Speech, Society

Ohio High School Student Arrested For Posing With Assault Gun On Facebook After Recent Shootings

There is an interesting case out of Mantua, Ohio. A 17-year-old student at Crestwood High School was arrested for posing with an assault rifle on Facebook and writing about the massacre in allegedly favorable terms. This followed the shooting at Chardon High School in Ohio.

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Bizarre, Constitutional Law, Religion, Society

Maryland Priest Under Fire For Denying Communion To Lesbian Daughter At Mother’s Funeral

The Washington Post has a story that has left many deeply disturbed. Barbara Johnson was attending her mother’s funeral at the St. John Neumann Catholic Church in Gaithersburg, Maryland when she went up to receive communion. Upon seeing her, Rev. Marcel Guarnizo refused to give her the host, saying that he was aware that she was a lesbian living with another woman and therefore a sinner. Later, when Johnson was giving the eulogy, Gaurnizo abruptly left the service — leaving no priest at the remainder of the service or attending the burial.

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