The United Nation’s Office of the High Commissioner for Human Rights has issued a report slamming the United States on torture and surveillance — the last international condemnation of the United States that is now viewed by many as a threat to civil liberties and international law. This follows international reports condemning the Obama Administration for its attacks on the free press and Internet freedoms. The demand for action on torture revives one of the greatest failures of the Obama Administration when the President, shown after taking office, assured CIA employees that no one would be investigated or prosecuted for torture despite the existence of international treaties obligating us to carry out such prosecutions. The President has admitted (as is clear from domestic and international rulings) that water boarding is torture. What is fascinating is that those who continue to defend this Administration dismiss the criticisms of respected international public interest groups, award-winning journalists, and even United Nations organizations in such condemnations. It is part of what has become a blind loyalty for an iconic president over long-standing principles. As noted by a widening array of organizations and experts, Obama has proven a perfect nightmare for civil liberties — once a core and defining area for Democrats and liberals alike.
Category: Constitutional Law
While predicting that a case will be accepted by the Supreme Court is a dubious form of fortune-telling (I just had a case denied review this week), the decision yesterday in the Fifth Circuit upholding the Texas law imposing restrictions on abortion clinics has the highest possible chances for such a review. It could also represent a major opportunity for those seeking to limit the pro-choice cases extending back to Roe v. Wade. The decision (written by Judge Edith Jones) is Planned Parenthood of Greater Texas v. Abbott, 2014 U.S. App. LEXIS 5696.
We recently discussed the controversy surrounding a confrontation between Thrin Short, 16, and her sister Joan, 21, and Feminist Studies Associate Professor Mireille Miller-Young. Miller-Young has now been charged with criminal conduct including Theft of Person; Battery; and Vandalism. However, even that charge does not appear to have prompted an express and clear statement from the University denouncing Miller-Young or calling for the review of her academic position. To the contrary, in the first statement from the university, Michael D. Young, Vice Chancellor of Student Affairs, appears to spend more time alluding to the victims as the problem than addressing the allegedly criminal abuse by a member of the faculty. The letter below contains a series of backhanded references to those engaging in free speech demonstrations on campus. The problem it would seem is not Miller-Young as much as these troublesome “outsiders” and “evangelical types” who come to “create discord” and “promote personal causes and agendas.” In the end, you are not sure if Miller-Young was the culprit or a victim in these alleged criminal acts. While there are good sentiments expressed in this letter, I can understand why the pro-life community would view this letter as basically saying “please don’t beat the protests no matter how much they may deserve it.”
There is an interesting lawsuit out of Flint Township, Michigan over the arrest of John David McMorris who was arrested for a concealed weapon on Christmas Eve. McMorris, 21, was walking alongside a road when he was stopped by a Flint Township police officer. The officer arrested him for concealing a handgun. It is legal to openly carry a handgun. However, the video below shows the gun clearly in the open and McMorris even turned with his hands up to show the officer his .40-caliber Smith & Wesson pistol on his hip.
Despite my great respect for Seventh Circuit Judge Richard Posner (whose brilliant writings on legal theory have shaped much of modern jurisprudence), I have recently had occasion to criticize his conduct on the bench (here and here). I am afraid that an opinion this week raises yet another troubling example of poor judgment by Posner. In an opinion in Mitchell v. JCG Industries and Koch Foods, Posner included an account of an experiment by court staff that tested a core factual issue presented by the Plaintiffs — the time needed to change into work clothes. The reliance — to any degree — on such an experiment violates core rules of appellate review and is correctly identified by fellow Seventh Circuit judge Diane Wood as a highly disturbing element to the decision supporting the company. What is odd is that this experiment with “donning” and “doffing” only undermined an otherwise well-considered opinion (even though many would still disagree with its conclusion).
I recently wrote a column on the wholesale attack on press freedoms under President Obama that parallel his attack on other civil liberties and privacy principles (here and here and here and here and here and here and here and here). I testified on the erosion of press freedom under President George W. Bush but the assault on the free press has worsened under President Obama while Democratic members and supporters remain conspicuously silent. Reporters have not been so silent or reticent and have repeatedly tried to educate citizens of the danger to press freedoms under this President. Now one of the most respected journalists in the country, New York Times reporter and Pulitzer Prize winner Jim Risen, has declared that the Obama Administration is the greatest threat to a free press in a generation.
Venezuela has continued to assault on civil liberties started by the late Hugo Chavez under his “mini-me” President Nicolas Maduro. That legacy took a particularly menacing turn when opposition congresswomen Maria Corina Machado was stripped of her office after speaking to the Organisation of American States (OAS) about the violence in her country. The Venezuelan government insists that she “acted as a Panamanian official” by accepting the invitation and that her speech constituted a crime of “inciting violence”.
Continue reading “Venezuelan Government Strips Congresswomen Of Office After Speech To OAS”
We previously discussed the rapid drop of the United States in the protection of the free press. Now, the respected Reporters Without Borders has produced a separate report on Internet freedoms. In yet another dubious distinction for President Obama, the United States is now listed with such “Enemies of the Internet” as Russia, China, North Korea, and Iran. This is our first time on the infamous list — a true accomplishment for an Administration that has been denounced for its wholesale attacks on privacy and other core civil liberties.
Kenya’s parliament has passed a law intended to codify the existing customary law allowing for multiple spouses. However, the legislators went further and removed a provision that would give the existing spouse or spouses the right to veto a marriage. After female legislators stormed out of the session in protest, MP Junet Mohammed explained “When you marry an African woman, she must know the second one is on the way, and a third wife… this is Africa.”
Continue reading “Kenya Passes Law Legalizing Polygamy Without Approval Of Existing Spouses”
I have repeatedly written on the alarming erosion of free speech in the United Kingdom, particularly as a result of hate speech and anti-discriminatory regulations (here and here and here). Now, Security and Immigration Minister, James Brokenshire, has stated that the government is not content with censoring language viewed as terroristic but wants to remove “”unsavoury” content.” He acknowledges that such content is not illegal but express a desire to sanitize the web of such speech. Brokenshire is an example of the insatiable appetite for censorship that develops once you allow the government to control speech. You can almost hear the “harrumph” and “hear, hear” to get the diminishing measure of free speech in England.
Continue reading “British Move Toward Censoring “Unsavory” Internet Speech”
Yesterday a North Carolina jury handed down a major victory for free speech and academic freedom. It found that the University of North Carolina–Wilmington retaliated against criminology professor Dr. Mike Adams for his writing of conservative columns for the website Townhall.com and other forums. The decision culminates years of litigation, including a prior decision before the United States Court of Appeals for the Fourth Circuit. The treatment of Adams reaffirms for many conservatives that academia is hostile to their views and that conservative academics face a bias on promotion. The implications of the decision however could go beyond the issue of bias and raise countervailing issues of academic judgment and decision making.
The Kansas House Standing Committee on Corrections and Juvenile Justice has introduced an extraordinary bill that would allow citizens to be criminally charged if they bring abuse or misconduct charges against police officers are that later dismissed by the police department. They would be subject to a felony charge for perjury in such cases — a clear threat that will chill anyone considering such a charge in the future.
We recently discussed a controversy involving the censorship of an article on rape by a high school student in Wisconsin. The article, entitled “The Rape Joke: Surviving Rape In A Culture That Won’t Let You” was written by Fond du Lac High School senior Tanvi Kumar described a “rape culture” at the school. The school officials immediately moved to censor and block the publication. Fond du Lac High School Principal Jon Wiltzius objected to both the text and a picture in the article. In criticizing the actions of the school, I offered this blog as a forum for publishing the uncensored article. I was contacted by Kumar who said that she would like to avail herself of that opportunity. Photographer Gabi Padovano also agreed to have her remarkable photographs shown on the blog. I am also particularly proud to announce that Kumar will be attending George Washington University in the fall as one of our undergraduate. I wish I could take credit for that last fact but Kumar did that all on her own. So, without further ado, here is the uncensored “The Rape Joke.”
Continue reading “[THE UNCENSORED] RAPE JOKE: AN INVESTIGATIVE REPORT BY TANVI KUMAR”
There is a disturbing lawsuit filed this month in Tennessee against CCA Silverdale and Hamilton County Sheriff Jim Hammond (left). Charity Flerl was incarcerated when she went into labor last summer. The police proceeded to force her to give birth while shackled because, as explained by one individual in this article, because “They’re criminals, so you never know what they might do.” Now here is the kicker: Flerl was not in for some violent offense. She was in for failure to pay child support. It is not clear what “they might do” in such a case: failure to pay child support on the new baby?
Continue reading “Tennessee Sheriff Sued Over Shackling Woman While She Delivered Baby”
Jordan Wiser, a student at Ashtabula County Technical School in Jefferson, Ohio is rightfully confused after being being arrested for bringing a weapon into school. The “weapon” was a pocket knife that he had in his EMT medical vest . . . that was locked into the truck of his car. That’s right, in the latest example of the insane application of zero tolerance rules, the school officials called police after searching the trunk of a locked car to find a pocket knife used by a senior in his work as a EMT. He was then fed into a legal system that refused to show discretion in his prosecution. Notably, prosecutor Harold Specht ran for office based on a pledge that he would maintain a “hardline, zero tolerance policy” as a prosecutor. It was the perfect storm for Wiser: zero tolerance administrators handing a student over to a zero tolerance prosecutor. But it gets worse . . .