There is an interesting case of free speech out of South Africa where Chester Missing has been gagged from sending out any more tweets or messages criticizing singer Steve Hofmeyr. The court order is based on the country’s hate speech laws, a continuation of a trend where free speech is being curtailed under antidiscrimination or hate speech laws. What is a bit different in this case is that Chester is a dummy . . . a real dummy . . . like a puppet dummy.
Category: Constitutional Law
M. Indira Gandhi is a Hindu mother in Malaysia who is living a nightmare after her Muslim husband took her 11-month daughter after she refused to convert to Islam. The husband, who had only converted to Islam shortly before, then went to a Sharia court. The “court” refused to hear from the wife since she is not Muslim and ruled for her husband. She went to a real court, which ruled for her. However, it does not matter. It has been five years and the police in his largely Muslim nation have refused to enforce the real court order.
Continue reading “Malaysian Police Refuse To Enforce Court Order Of Custody For Non-Muslim Mother”
We have been following the controversy surrounding the confrontation of Feminist Studies Associate Professor Mireille Miller-Young with pro-life advocates on campus. Miller-Young led her students in attacking the pro-life display, stealing their display, and then committing battery on one of the young women. Thrin Short, 16, and her sister Joan, 21, filed complaints and Miller-Young was charged with criminal conduct including Theft From Person; Battery; and Vandalism. Miller-Young was convicted and sentenced in August. Despite the shocking conduct of Miller-Young and the clear violation of the most fundamental values for all academics in guaranteeing free speech and associational rights, the faculty overwhelmingly supported Miller-Young and the university decided not to impose any meaningful discipline. Now, the victims are suing Miller-Young, the UC Regents and others in seeking both compensatory and punitive damages. The lawsuit could finally force the University to explain its inexplicable response, or lack thereof, to the highly improper conduct of Miller-Young. As discussed below, Michael D. Young, Vice Chancellor of Student Affairs, not only issued a statement that seemed to blame the victims but faculty defended Miller-Young’s conduct, including arguments that the pro-life advocates were “terrorists”; Miller-Young’s response was due to that fact that she was pregnant and even that her expression of satisfaction was nothing more than her “mask” from a “cultural legacy of slavery.” Those arguments are likely to find little traction in a court of law.
By Darren Smith, Weekend Contributor
The Washington Supreme Court ruled it is a violation of Due Process to require a rape defendant to prove lack of consent in rape trials, shifting the burden to the state. The opinion reverses decades old practices of the courts and by extensions investigators of such crimes to include elements showing lack of consent that were previously assumed based on the statements and evidence of alleged victims.
The Supreme Court has decided to wade back into the controversy over the Affordable Care Act (ACA) or “Obamacare” today with the granting of review of King v. Burwell, No. 14-114. I have previously written about the King case as well as the parallel case in the D.C. Circuit in Halbig.
Continue reading “SUPREME COURT ACCEPTS OBAMACARE CHALLENGE”
The Texas Court of Criminal Appeals has thrown out a 2005 conviction and death sentence that week based on the misconduct of prosecutor in the Harris County District Attorney’s Office. The court found that prosecutors withheld material evidence favorable to Brown’s case in a denial of a fair trial.
Continue reading “Texas Death Row Conviction Overturned Due To Withholding Of Key Evidence”
We have previously discussed the scourge of blasphemy laws, particularly in Muslim nations, used to punish and even execute people with differing views of religion. We have a deeply disturbing new case outside of Lahore, Pakistan where a Christian couple was accused of desecrating the Koran (Quran), beaten by a mob, and then burnt in a brick kiln where they worked. The couple, known only as Shama and Shehzad, were killed at the behest of a local Muslim mullah in Kot Radha Kishan, some 60 kilometres from Lahore.
Continue reading “Christian Couple Beaten and Burned In Pakistan For Blasphemy”
The Justice Department has previously been held in contempt by Congress and hit with increasingly tough court orders from a federal judge over its obstruction of efforts to secure evidence in the notorious Fast and Furious operation. Many have accused Attorney General Eric Holder of acting blatantly political in withholding documents to protect Democrats from backlash before the elections. As if to prove that view, the Justice Department waited until late on election eve to finally dump more than 64,000 pages of documents congressional lawmakers have been seeking for years. The timing was almost taunting in its impact. Guaranteeing that the content could not be viewed before people voted, the Obama Administration’s long obstruction resulted in this troubling image of a politically timed release. The Administration previously admitted that it would not discuss its plans for unilateral immigration action until after voters had gone home from the polls.
Dr. Alan Black, an American professor, was arrested last month for taking a picture of a sign banning photography. That act could send him to jail for five years. Various sites have been created to rally support for Roberts who is facing an absurdly harsh legal system and a rule against photography that can only be described as pathological.
Israel has arrested and then given two days of house arrest for a rather bizarre form of expression: defecating on flags, including Israel’s flag. I cannot say that I am eager to attend a showing of the Natali Cohen Vaxberg’s scatological creations, but the sentencing clearly violates free speech protections that many of us believe are a core human right. Warning: foul language is contained in the story below.
Iran has denounced the latest report detailing its denial of the most fundamental human rights under its blood-soaked Sharia legal system. The report details the widespread executions of homosexuals and religious dissidents in the country in the name of Islam as well as the denial of basic free speech and association rights. The country executes people by stoning, hanging, and even crucifixion. Mohammad Javad Larijani, chief of human rights in Iran’s government, responded by calling such human rights as a Western invention and lifestyle choice. What is truly shocking is not that the troglodytes in Iran cling to their medieval system but that various countries stepped forward to praise or defend it, including Bahrain, Bangladesh, Belarus, Sudan, Syria, Vietnam, Venezuela, Yemen and Zimbabwe. Once again, the endorsement of Venezuela of the most abusive regime in the world shows the plunge of that country’s values in the Chavez and post-Chavez administrations. Notably, this report came shortly after the hanging of Reyhaneh Jabbari and shortly before the imprisonment of Ghoncheh Ghavami
Continue reading “Iran: Human Rights Are Just A Western Lifestyle Choice”
Muslim clerics declared victory last week in Niger after the government agreed to withdraw a course on sexual and reproductive health from the school syllabus. Islamic organizations and leaders denounced the classes as against Muslim values. Niger has the world’s highest fertility rate and 30 percent of girls are married by the age of 15. The country reports that average of around eight children per woman.
We previously discussed the case of Ghoncheh Ghavami, 25, who was arrested for trying to attend a men’s volleyball game. Iran imposes a Sharia legal system that punishes those who do not comply with medieval religious rules and practices. Ghavami has now been found guilty of “propagating against the ruling system” and sentenced to one year in jail.
There is another controversy raising the increasing assertion of authority of school officials over pictures and statements made by students outside of school. In Massachusetts, Jamie Pereira was suspended from school after a photo of her and her boyfriend, Tito Velez, both 16, holding Airsoft rifles was posted on Facebook. A caption beneath the photograph read: “Homecoming 2014.” The picture looks like a new American Gothic for some and a threat to others. However, the controversy again raises the limits and discretion of school officials in monitoring speech outside of school for students and teachers alike. There was good reason to be concerned but the punishment was due to the disruption caused rather than an actual threat from the picture.
Despite claims from the government (outside of Saudi Arabia) that it is seeking to modernize its legal system, the Sharia-based Saudi system continues to churn out abuses that shock the conscience. The latest victims are three lawyers who have been jailed for Tweets denouncing the Saudi court system — widely ridiculed by lawyers around the world as a medieval anachronism.
Continue reading “Saudi Arabia Jails Lawyers For Criticizing Court System On Twitter”