Category: Constitutional Law

Fingerprint Authentication And The Fifth Amendment

-Submitted by David Drumm (Nal), Guest Blogger

iphone_fingerprintThe iPhone 5s allows the user to unlock their device using biometric data, namely their fingerprint. It is more convenient that typing in a simple four digit passcode. Fingerprint readers vary in vulnerability. Some only check ridges and can be fooled by a good photocopy. The iPhone reader uses radio frequency scanning to detect sub-epidermal layers of your skin requiring the owner to be alive and the finger attached. The new fingerprint reader may protect your iPhone from thieves, but what about protecting your personal data from government snooping?

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Graham Calls For Authorization Of War . . . Against Iran

220px-B-2_spirit_bombingGraham-080106-18270- 0035Sen. Lindsey Graham recently objected to President Barack Obama seeking congressional authorization to attack Syria (that’s right, in contradiction to every assumption James Madison may have made about Congress, Graham is one of those who wants to embrace an Imperial Presidency and gut the check on power represented by his own branch).  Graham has been making it clear that he is not happy about the failure to join another war in the Middle East.  So what does a hawk do when a war just doesn’t turn out as hoped?  Graham is seeking authorization for a new war . . . not against Syria but Iran. After all, we have not defunded enough environmental, scientific, educational or welfare programs. Another war against one of the largest military powers in Middle East would guarantee a decade of military appropriations and interventions.

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An Opinion You Have To Like: Federal Court Rules Employee’s “Likes” Are Protected Speech

sheriff-and-triple-crown-deskHampton, Va., Sheriff B.J. Roberts appears not to have much time for actually fighting crime. Instead, after his reeleection, Roberts sought out employees who favored his opponent. It was not too difficult, he found jailer Daniel Carter who hit “like” on his opponents website. Roberts fired him and others allegedly viewed as disloyal. However, the United States Court of Appeals for the Fourth Circuit ruled this week that such a designation is protected speech under the First Amendment. The opinion in Bland v. Roberts is below.

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Swedish Court Rules That Public Masturbation Is Legal

516px-Greater_coat_of_arms_of_Sweden.svgA court in Sweden has handed done a rather novel ruling. The Södertörn District Court has declared that it is legal to masturbate in public so long as you are not “targeting” anyone in particular. Moreover, public prosecutor Olof Vrethammer says that he entirely supports the ruling.

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Oklahoma Joins Other States In Refusing To Benefits To Same-Sex Couples

220px-Mary_Fallin225px-OklaJFHQssiThere is an interesting conflict growing between the federal and state governments over same-sex benefits after Oklahoma joined Texas, Mississippi and Louisiana this week in limiting the benefits for same-sex benefits. Yesterday, Oklahoma decided that the Oklahoma National Guard will no longer process benefit requests from same-sex couples by order of Gov. Mary Fallin. The Obama Administration maintains that the national guards must comply with federal law on such benefits in what could be a test of the remaining state control over national guard units.

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Federal Judge Throws Out Major Convictions of Former Police Officers Due To Prosecutorial Misconduct

600px-US-DeptOfJustice-Seal.svg DOJWe previously discussed the scandal involving federal prosecutors in New Orleans posting public comments attacking defendants and targets on various websites. That earlier scandal led to the discovery of even more widespread misconduct and yesterday to the overturning of a major prosecution of police officers. Describing the conduct of the Justice Department lawyers as “grotesque,” U.S. District Judge Kurt Engelhardt ordered a new trial for officers accused of deadly shootings at the Danziger Bridge after Hurricane Katrina and the subsequent cover-up.

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Utah Valley University Holds International Conference on the Loss of Privacy In America

200px-UVU_SealI am in Utah to speak at the Constitution Day celebrations at Utah Valley University and its conference on privacy in America. The conference is the latest national conference organized by the Center for Constitutional Studies. The speakers at the event include Governor Thomas Ridge, former Homeland Security Secretary, who gave a surprising speech that questioned the growth of the department and the raised concerns over the threat to privacy poised by recent disclosures of warrantless surveillance. Ridge repeatedly returned to expressing his trepidation over the sweeping assault on privacy as well as the lack of safeguards under the FISA court and existing laws.

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American Businessman and Leading Blogger Shown On Chinese State Television in Mao-Like Confession

Charles Xue appears to confess 'involvement in prostitution'130px-Mao_Zedong_portraitChina appears to be returning to the Cultural Revolution with public confessions of dissidents as a warning to all those who would challenge the ruling party. Chinese viewers were exposed to a truly sad and transparent confession of American businessman and leading Chinese blogger, Charles Xue. The Chinese recognize the Internet as the greatest threat to the totalitarian regime. Xue was therefore rolled out to degrade himself before the Chinese people — begging forgiveness for forgetting his place in objecting to such things as contaminated water. He admits to feeling like the “emperor of the Internet” and apologizes for spreading rumors against the ruling party leaders.

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Eighth Circuit Reverses Lower Court In Barring Bible Distribution At Gay Pride Festival

RainbowFlagThe Eighth Circuit has handed down an important first amendment ruling in favor of Brain Johnson who was prevented from passing out Bibles at the Twin Cities Pride Festivals. United States District Court Judge Michael Davis had ruled last year that the Minneapolis Park Board could prevent him from passing out the Bibles so long as they gave him a place to do so. It was a troubling ruling because of the relative lack of support for the claim of the festival. The Eighth Circuit, with one dissent, reversed Davis’ ruling. The case is Johnson v. Minneapolis Park & Rec. Bd., No. 12-2419, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 2013 U.S. App. LEXIS 18831.

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Suffrage in Sisterville: City Charter Denies Right to Vote to Women and Officials Cite No Need to Amend Due to Cost

Submitted by Darren Smith, Guest Blogger

SuffrageWhile attempting to rediscover the procedures to replace a recently resigned mayor, city officials in Sisterville, WV noticed the 175 year old City Charter declared women are denied the right to vote.

While it certainly is unenforceable on account of the 19th Amendment to the U.S. Constitution, city officials are raising objections to making the change to the charter due to cost.
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In Defense of Being a Political Cynic

Submitted By: Mike Spindell, Guest Blogger

WilliamdriverflagI’m an easy mark for those who want to approach me emotionally. My own life, with the normal tragedies of living seven decades has let me be attuned to others pain and to view that pain with an empathy born of my own suffering. Working out my own problems via years of therapy in my twenties and thirties, allowed me to finally let myself cry at the early death of my parent’s years before. I had put a “bottleneck” on tears since a teenager, choking sad emotions by constricting my throat and being in intellectual denial of the mourning I felt at their loss. This is not to say that I had no emotional outlets in my years prior to therapy, but they were limited to events far outside the ken of my life. Thus I could identify with wronged characters in movies and could cry at the death of Marin Luther King and Bobby Kennedy. In my personal life though, I acted out the role ascribed to me in my High School Yearbook “Mike thinks that life is just a snap of his fingers”. Therapy changed that and allowed me to let myself be aware of and be guided by my emotions.

Emotionally, I am as patriotic an American as you might find. I love this country and I love the fact that I’m a citizen of it. My tears well up at the playing of our National Anthem. The Constitution is a sacred document to me and the aspirations of our “Founding Fathers” seem noble and just. In sports I often find myself moved to tears when athletes or teams overcome adversity and triumph. My family knows this emotional side of me since I cry at movies like “The Little Mermaid”.  In personal relationships I am also ruled by emotion. People who treat me with kindness are not only repaid in kind, but I find myself rooting for their happiness and sad at their sadness. It is therefore quite easy to become someone I consider to be a friend and difficult for me to note imperfections in the friendships I’ve made. However, that is on an emotional level and as all humans, I am far more than just my emotions.  Intellect and experience play important roles in shaping who we are. On a personal level I have experienced betrayal by “friends” and lovers. In my career I’ve experienced betrayal by those I thought of as friends and co-workers. However, I think those “let downs” are merely a normal part of the human experience. We humans learn and grow from our social interactions, allowing them to inform our interactions with each other.

We humans co-exist though in a larger context than mere personal interactions and that is a society known as “country”. Through the norms and mores of that society we find that our emotions are stimulated by the commonality of our existence as part of a whole. We rely on that society to protect us from predators and from those from other society’s that would do us harm. We unite emotionally in times of crisis and we feel warmth and comfort from being part of the whole. The most emotionally jarring event of the past five decades was the attack on 9/11 that galvanized this country almost as one entity. We commemorated the twelfth anniversary of this overwhelmingly sad event this past week. I need not describe the effect of this event on all of us, since I know that we all have sharp personal memories of that day and the days of anger, fear and confusion that followed. The reactions politically that followed 9/11 has personally scarred those who lived through it and have done great harm to our country. People from all sides of the political spectrum feel betrayed by the events that followed 9/11. Some feel betrayed because the majority of the country no longer supports the military interventions that ensued. Others feel betrayed because there is clear evidence that our government “lied” us into a costly war against a country that had nothing to do with the 9/11 attack. We have become then a nation of cynics when it comes to our government and I will explore why this can be either good or bad for the future of our country. Continue reading “In Defense of Being a Political Cynic”

Court Declares Armstrong Has Protected Right To Lie To Fans

220px-Lance_Armstrong_Tour_2010_team_presentation_(cropped)Lance Armstrong has succeeded this week in establishing a constitutional right that is tailored perfectly for his legacy: the constitutional right to lie. U.S. District Judge Morrison England dismissed a lawsuit by people who bought his books while he was lying about his use of performance enhancing drugs and attacking his critics. In a clearly correct decision, England ruled that such writing is squarely protected by the First Amendment. The case is Stutzman v. Armstrong, No. 2:13-CV-00116-MCE-KJN, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, 2013 U.S. Dist. LEXIS 129204, September 9, 2013

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Public Interest Lawsuit Forces Disclosure Of Widespread Surveillance Violations By The NSA

President_Barack_ObamaNSA logoWhile it was not long ago that President Obama,  Director of National Intelligence James Clapper and other officials insisted that there was no illegal surveillance in the massive warrantless programs disclosed by Snowdon and others, new documents show that the National Security Agency not only violated the law for years but actively misled judges on the use of such illegal surveillance.  The programs covered millions of call records and was only acknowledged by the Administration after a lawsuit by civil libertarians — a lawsuit that it has tried to dismiss (like dozens of others tossed out at the demand of the Obama Administration).

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Federal Court Sentences Man To Eight Months In Jail For Advising People On How To Beat Lie Detectors

300px-Limestone_Technologies_Inc._-_Polygraph_TestThere is a troubling conviction in Alexandria, Virginia where Chad Dixon has been sentenced to eight months in jail for training people how to pass top-secret security polygraphs. The Administration prosecuted Dixon, a former Little League coach, obstruction and wire fraud for teaching between 70 and 100 people how to get past lie detector tests. He was paid $1000 a day and the Justice Department labelled him a “master of deceit.” However, if other people are actually giving false information or gaming the system, the question is whether this should be treated as a protected form of speech. It raises many of the same issues as the prosecution of people who encourage or advice others on how to commit suicide. [The picture is a file image of a test and not associated with Dixon or these underlying charges]

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Kerry Suggests Assad Has One Week To Avoid Attack While Promising Obama Only Wants An “Unbelievably Small” Military Campaign

220px-John_Kerry_official_Secretary_of_State_portraitWe previously discussed the curious step of President Obama seeking approval for a new war while insisting that he does not need such authorization to attack Syria. Now, Secretary of State John Kerry has referred to a one week period for Syria to comply with U.S. demands or presumably face an attack. It so happens that the Senate is set to vote this week, but opposition in this country is extremely high to yet another military intervention by the Administration. Moreover, unsuccessful in his earlier pitch for a free war, Kerry is now trying to sell the world on an “unbelievably small” military campaign. The U.S. seems to be saying that President Obama just needs the world to let him attack briefly to show that he cannot be dismissed or mocked in his earlier red line announcement.  However, Kerry suggested a new red line in turning over control of the weapons and Russia has now announced that it will ask Syria to put chemical weapons under international control. That would undermine further the U.S. rationale for war if Russia says that it is moving to comply with Kerry’s demand. However, State Department handlers are trying to again walk back from the Secretary’s public statements.

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