Category: Constitutional Law

ATF Bars Agent’s Book On “Fast and Furious” Because It Would Lower Morale

200px-US-AlcoholTobaccoFirearmsAndExplosives-Seal.svgThe officials at Alcohol, Tobacco and Firearms (ATF) appear to have added books as an imminent threat to safety. Agent John Dobson has reportedly been blocked by the ATF from publishing a book on Operation Fast and Furious. Dobson blew the whistle on the disastrous operation that led to the sale of 2,000 guns to Mexican drug cartels, including one used to kill Border Patrol Agent Brian Terry in December 2010. The reason? The book would embarrass the ATF.

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Abercrombie Wins Appeal Over Employee’s Right To Wear Headscarf

We previously discussed a lawsuit against retailer Abercrombie & Fitch over a rule barring the wearing of religious headscarves in their business. Now the United States Court of Appeals for the Tenth Circuit has handed down an important decision in favor of the store involving a woman in Tulsa Oklahoma who said that she was passed over for a job due to her religious dress. The federal government supported Samantha Elauf, 17, in her claim of discrimination, but the court ruled 3-0 against the arguments of the U.S. Equal Employment Opportunity Commission.

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Muslim Countries Move To Adopt New Law Allowing The Prosecution Of People Insulting Religion In Other Countries

600px-Emblem_of_Qatar.svgThe effort by Muslim countries to curtail free speech in the name of their religion continues. While the Obama Administration has sought to appease these countries in developing an international blasphemy standard, this case shows how even the more modern Islamic countries (as well as Western countries) are finding blasphemy to be a useful vehicle to control speech and silence critics. The latest attack comes from Qatar which has proposed a ban that would allow for the prosecution of people in other countries. That’s right, our allies are creating laws to allow them to prosecute people for insulting religion outside their own countries.

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How We Are Manipulated #1

Submitted By: Mike Spindell, Guest Blogger

220px-John_Boehner_official_portraitWhen I awoke a short time ago my mind was in its usual morning fog that slowly dissipates as I go through my wake-up routine which includes laying out the 35 or so pills that I take to stay alive. That fog mentally is usually a jumble of wide ranging short thoughts that are later forgotten as the fog lifts after my first coffee. On the way to the bathroom for my morning ablutions I found myself thinking about the biggest news all week which had been the shutdown of the government and the crisis that ensued. Suddenly, as an idea arose that woke me from the fog. Political Theater, it is all political theater. The threatened shutdown by the Republican Congressman, led by John Boehner et. al. was merely a show whose purpose was to destroy the publicity that would have surrounded the inception of enrollment in the Affordable Care Act (ACA) dubbed by the conservative PR geniuses “Obamacare”. How obvious this was took my breath away and also gave me some chagrin that it took me so long to see this con job in the making, while I mulled over the ramifications of a government shutdown. As the President has said and as some Republican have opined the GOP’s great fear regarding “Obamacare” is that it will succeed. Since enrollment was scheduled to begin on October 1st, without the shutdown speculation dominating the news cycle there would have been much publicity on the beginning of people enrolling in the plan. There would have been actual discussion of the plan and not just the cacophony of misinformation deftly spread by well placed conservative rumor mongers, broadcast blaringly on FOX News and flacked by the innumerable leaders of the “Tea Party”. Our mainstream media would play their continuing game of false equivalence by blithely accepting all information as being equal and not bothering to supply context when lies are told in the service “informing” the public.

Instead we have a manufactured crisis that sends the ACA to the back pages of virtual news media and we have faux layoffs and service loss endlessly debated. Now in truth this thought make me even a little sad for those “Tea Party” congresspeople that haven’t been let in on the nature of the game, nor their role as pawns in the manipulations of some the wealthy elite in this country. As I explained awhile ago in these guest blogs: http://jonathanturley.org/2011/08/02/tea-party-and-the-myth-of-a-grassroots-movement/#more-38049 and http://jonathanturley.org/2013/02/16/tea-party-a-phony-movement-mantled-as-legitimate/  the so-called “Tea Party” is not a grassroots movement, but the creation of the Koch, via an organization known as “Freedomworks” which they fund. On the Bill Maher show last Friday night one of his panel guests was the President and CEO of “Freedomworks” Matt Kibbe. From my perspective he was debunked by the panel, particularly Congressman Alan Cranston. What caught my attention though, was that Kibbe was at one point railing about how big government was run by insider lobbyists. None on the panel, or Maher, were perceptive enough to call him out on this since he is the quintessential lobbyist for the Koch Brothers.  To my mind there is nothing to see here folks, move along and allow yourselves to be distracted by yet another manufactured crisis, designed to prevent you from actually evaluating the health care plan that is now available to you without adequate health care, or who are paying far too much for what should be a basic right of citizenship, health care. The Affordable Care Act is not my ideal of what American health insurance should be about because I believe in the “single payer” system used in most civilized nations. However, it is far better than what we already have and because of that should be fairly evaluated by the public. Perhaps though that fair evaluation will never get a chance since there are those who consciously work to distract us through propaganda, mythology and political theater into supporting what is in our own worst interests. Continue reading “How We Are Manipulated #1”

Former Pennsylvania Congressman Suspended From Practicing Law Due To Criticism Of Judges

220px-Donald_A._BaileyFormer Democratic congressman and Auditor General Don Bailey, 68, had his law license suspended for five years by the Pennsylvania Supreme Court for allegations and criticism directed at judges in the state. Bailey denounced the ruling and said that he would challenge it in federal court while denouncing the state justices as corrupt and malicious. While some would agree with the case, there is a worrisome line of cases targeting lawyers who criticize judges.

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Abuse Without Oversight

NSA logoby Gene Howington, Guest Blogger

“O, beware, my lord, of jealousy;
It is the green-eyed monster which doth mock
The meat it feeds on; that cuckold lives in bliss
Who, certain of his fate, loves not his wronger.”

“Trifles light as air
Are to the jealous confirmations strong
As proofs of holy writ.”

– Wm. Shakespeare, Othello, Act III, Sc. 3

Shakespeare had a lot to say about human nature. He was particularly fond of addressing jealousy. Indeed, jealousy is the axis around which his play Othello revolves although it features prominently in some of his other works as well. He so profoundly understood human nature, one has to wonder what he would make of the NSA surveillance state. To go to the other end of the literary scale, but to a no less valid observation and aspirational goal, Spiderman’s prime operating principle is a lesson he learned both directly from and from the death of the character of his uncle, Ben Parker. “With great power comes great responsibility.” Not all people behave responsibly, let alone consistently responsible. This is why we build systems that allegedly contain oversight mechanisms – to prevent, catch and rectify irresponsible behavior as quickly as possible. When these systems fail, we must evaluate the wisdom of creating such a power to begin with.  Just because we can do something doesn’t mean we should do something. Which brings us to the NSA’s total information awareness strategy, their employees and policies for dealing with abusive employees and the tools to implement this ongoing violation of our 4th Amendment right “to be secure in [our] persons, houses, papers, and effects, against unreasonable searches and seizures”. An NSA employee was found to have twice collected communications of an American and had been secretly intercepting the phone calls of nine foreign women for six years (1998-2003) without ever being detected by his managers. The consequences of this criminal abuse of power upon discovery?

Nothing of substance.

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President Obama Trying to “Fast Track” the Trans-Pacific Partnership—a Trade Pact That Could Be Worse Than NAFTA

President Exec SealSubmitted by Elaine Magliaro, Guest Blogger

Know much about the Trans-Pacific Partnership (TPP)? If you don’t, it’s not your fault. According to Zoë Carpenter (The Nation), Congress hasn’t heard much about TPP either. That’s because this so-called “free trade” agreement is being negotiated in “extreme” secrecy by representatives of twelve different countries—the United States, Japan, Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore,  and Vietnam.  Carpenter says that the Obama administration has ignored “repeated calls from legislators to make the process more transparent, while pressing to finalize the agreement this year.”

In his article titled Multinationals Are Plotting to Steamroll What’s Left of Our Democracy to Make Huge Profits, Dave Johnson says that the TPP negotiating process “has been rigged from the start.” While hundreds of representatives of corporate-interest groups have been providing their input— “representatives of labor, human rights, civil justice, consumer, environmental and other stakeholder groups have been kept away from the negotiating table.” Members of Congress have not seen the agreement yet. United States Senators “have been barred from seeing negotiation points or drafts.” The public has been denied any access to TPP negotiating texts. We the people—as well as our elected representatives—are being “kept in the dark” as to what is going on behind closed doors. Yet, “600 corporate advisers” have been involved in the negotiation process. Multi-national corporations like Monsanto and Walmart are helping to craft the agreement.

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Change The Narrative: Clapper Returns To The Senate And Is Joined By Senators In Denouncing The Media and Snowden

220px-James_R._Clapper_official_portraitThe hearing this week on the massive surveillance programs targeting the communications of all citizens was the latest in the increasingly bizarre world of American politics. We have a Constitution that prohibits warrantless searches and seizures. We have a government — and a President — who previously misled us about the existence of such programs. We have Senators who knew of the prior deception and even perjury sitting in a hearing on the latest account from our leaders. Now, these same politicians are speaking openly about seizing every single telephone call. Rather than denying the program, they now refer to it as a harmless “lock box,” the way that Al Gore once referred to the social security accounts. What was particularly interesting is the statement of General Keith Alexander, the director of the National Security Agency, that disclosures by Edward Snowden “will change how we operate”. Indeed, in light of the Snowden disclosures, Alexander has stopped the prior denials of the Administration and is now speaking of “reforms.” That is precisely why most people view Snowden as a whistleblower despite the demands of the President and members of Congress that he be tracked down and put away for good. Even more interesting is the appearance of James Clapper, director of National Intelligence, who previously acknowledged perjury before the Senate. Rather than raise the perjury or demand his prosecution, Senators engaged in friendly exchanges with Clapper as if nothing had happened. This is clearly under the belief that the public has a remarkably short attention span and the media will follow the lead of the White House. Indeed, reporters for the most part did not even mention that Clapper is thought by many to be an unprosecuted felon due to his prior testimony or that his last major testimony on this very subject was to deny such programs. There was not even laughter when Clapper said that he was working to find ways to “counter the popular narrative” of any dangers in this surveillance. That “popular narrative” of course also includes his prior false testimony.
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EasyJet: No Frills, No Free Speech?

220px-Easyjet_a319-100_g-ezbr_hundredthairbus_arpEasyJet has long been notorious for the level of service and comfort of a cattle car. However, the cattle were at least allowed to get on the plane and occasionally “moo”. Mark Leiser, who lectures at Strathclyde University, says that he was pulled out of line on his delayed flight and told that he could not board the plane. The reason? Lesier had tweeted criticism of the airline, which one would think the no-frills company would be rather used to. Apparently not. He says that he was only allowed on the plane after the airline employees discovered that he is a lawyer.

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Study Shows No Reduction In Crime Due To License Plate Recognition Technology

250px-Closed.circuit.twocameras.arp.750pix250px-FrenchNumberPlates_CopyrightKaihsuTaiThere is an increasing danger posed by new technology to privacy and civil liberties. New technology is being brought online at what seems an increasing rate with little consideration of their implications — or even their efficacy. This includes a license plate recognition (LPR) system being adopted by cities around the world which tracks and identifies the movements of vehicles — and by extension their owners. Now, a study by the National Institute of Justice has found no evidence that LPR actually reduces crime. It does however clearly reduce privacy.

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Same-Sex Couple Denied Protection Of Spousal Immunity In Kentucky Murder Trial

article-2383436-1B1DFDAD000005DC-662_306x423In torts, I often discuss the collateral consequences for same-sex couples not having recognized marriages from intentional infliction of emotional distress claims (which are limited to close family members in seeking third-party claims) to spousal immunity claims. Kentucky last week demonstrated the problem for such couples with the opinion below. Bobbie Jo Clary (left) and her domestic partner, Geneva Case, claimed spousal immunity on the basis for a civil union in Vermont in 2004. However, Judge Susan Schultz Gibson ruled that they could not claim spousal immunity in a criminal case because they do not have a marriage recognized under Kentucky law. It is an example of the type of “full faith and credit” cases that could lead to a showdown before the Supreme Court. Normally, states are required to give full faith and credit to the contracts from other states, including out-of-town marriages.

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Je Suis Une Bombe: Family Criminally Convicted For Sending 3-Year-Old Son “Jihad” To School With T-Shirt Reading “I Am A Bomb”

1379691716_Iamabomb.jihad.BFMTV

We have previously discussed the wholesale attack on free speech principles in France from limits on religious garments to stripping the Internet of anonymity to attempting to criminalize historical accounts. The most recent case involves a woman who named her boy “Jihad” and then dressed her three-year-old in a sweater with the words “Je suis une bombe – I am a bomb” on the front, along with his name and ‘Born on September 11th’ on the back. She was given a suspended jail sentence for “glorifying a crime” — it is a crime that is only punishable if you disregard the most fundamental principles of free speech. It turns out that the boy was born on September 11, 2009.

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Kansas Professor Under Fire For Anti-NRA Tweet

BdnQu.St.81We have another example of a teacher being disciplined for an act of free speech in his private time. I have previously written about the increasing scrutiny given public school teachers in their use of social media sites. University of Kansas Associate Professor of Journalism David Guth has been placed on administrative leave after posting an anti-NRA tweet following the recent Navy Yard shootings that killed 12 people. Guth tweeted” “blood is on the hands of the #NRA. Next time, let it be YOUR sons and daughters. Shame on you. May God damn you.”

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The Military’s War on Women Continues

United_States_Department_of_Defense_Seal_svg

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

I saw this story during this past week and I have to admit, that it made my stomach turn.  Despite the increased interest some in Congress and in the Pentagon have shown in how accusations of rape by female members of the military are treated, women can still jeopardize their careers and their mental well-being if they bring charges against their alleged attackers.

‘”For roughly 30 hours over several days, defense lawyers for three former United States Naval Academy football players grilled a female midshipman about her sexual habits. In a public hearing, they asked the woman, who has accused the three athletes of raping her, whether she wore a bra, how wide she opened her mouth during oral sex and whether she had apologized to another midshipman with whom she had intercourse “for being a ho.”’ New York Times Continue reading “The Military’s War on Women Continues”

Kentucky Psychology Board vs. the First Amendment. Oh My!

Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger

John Rosemond syndicated columnist psychologist
John Rosemond

Kentucky Psychology Board SealSixty-five year old North Carolina family therapist John Rosemond was having a day much like any other day last May, until he opened the certified letter from the Attorney General for the Commonwealth of Kentucky. In a Cease and Desist letter, the Kentucky Attorney General advised him the Kentucky psychology licensing board had determined that by publishing an advice column in the Louisville Herald-Leader, he was practicing psychology without a license. The letter warned him that if he did not cease and desist, he faces criminal penalties which includes both fines and jail time. The Attorney General thoughtfully enclosed an affidavit which John was to sign and return, promising that he would forever give up his life of crime.

You read that right. John Rosemond, syndicated columnist, is being threatened by the Commonwealth of Kentucky that he might face stiff fines and jail unless he stopped writing his advice column in Kentucky newspapers. Naturally, John did what any self-respecting reporter or columnist would do. He got a lawyer. He contacted Jeff Rowes of the Institute for Justice who agreed to take the case, and last July 16, Mr. Rowes and local counsel, Richard Brueggeman, Esq., filed a 45-page lawsuit in the US District Court for the Eastern District of Kentucky.

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