Another one of our close Arab allies are back in the news to remind us that basic freedoms are not part of our common alliance. Oman has shut down The Week newspaper after it published an article viewed as too sympathetic to homosexuality in the Gulf state. The country has a gay population but it insists that these citizens live like criminals under Islamic prohibitions of homosexuality. The Week is the largest circulation English-langauge weekly in the country.
Category: Constitutional Law
There is an interesting ruling out of the Sixth Circuit this month where the court threw out a $10 million defamation lawsuit by a resort in Pigeon Forge, Tennessee. The resort was ranked the Number 1 on the 2011 “dirtiest hotels” list by TripAdvisor. Hotel owner Kenneth M. Seaton sued the website for defamation but Judge Thomas W. Phillips in Knoxville correctly rejected the claims in August 2012. The case is Seaton v. TripAdvisor LLC, 2013 FED App. 0255P (6th Cir.).
While claiming that he just needs a “limited” war against Syria to back up his “red line” threat, President Barack Obama is actually seeking a far broader mandate from Congress. The authorization would allow Obama to take any action that he “determines to be necessary and appropriate in connection with the use of chemical weapons or other weapons of mass destruction in the conflict in Syria” as well as acting to “prevent or deter the use or proliferation” of the weapons or to “protect the United States and its allies and partners” from the weapons.”
Submitted By: Mike Spindell, Guest Blogger
A story four days ago caught my attention and I thought I’d present it for discussion. In recent years many have claimed that there is a “war on religion” taking place in America. This “so-called war” has been the result of many rulings that have tried to enforce the cherished principle of “freedom of religion”, but of necessity could also be called “freedom from religion.” When I was young most of the stores in my neighborhood were required to close on Sunday, the Christian Sabbath. This was a hardship for Jews that celebrated their Sabbath on Saturday and Muslims that celebrated their Sabbaths on Friday. It affected Asian merchants, with their own native beliefs, that didn’t have a formal Sabbath. Many of these “blue laws” have been repealed because of the reality that they are showing preferential treatment to one particular religion, in a country that is made up of many religions and whose Constitution is believed by many to ban such preferential treatment.
The Supreme Court’s most important case on “blue laws” is McGowan vs. Maryland.
“The Supreme Court of the United States held in its landmark case, McGowan v. Maryland (1961), that Maryland‘s blue laws violated neither the Free Exercise Clause nor the Establishment Clause of the First Amendment to the United States Constitution. It approved the state’s blue law restricting commercial activities on Sunday, noting that while such laws originated to encourage attendance at Christian churches, the contemporary Maryland laws were intended to serve “to provide a uniform day of rest for all citizens” on a secular basis and to promote the secular values of “health, safety, recreation, and general well-being” through a common day of rest. That this day coincides with Christian Sabbath is not a bar to the state’s secular goals; it neither reduces its effectiveness for secular purposes nor prevents adherents of other religions from observing their own holy days.[9]
There were four landmark Sunday-law cases altogether in 1961. The other three were Gallagher v. Crown Kosher Super Market of Mass., Inc., 366 U.S. 617 (1961); Braunfeld v. Brown, 366 U.S. 599 (1961); Two Guys from Harrison vs. McGinley, 366 U.S. 582 (1961). http://en.wikipedia.org/wiki/Blue_laws
I personally disagree with the SCOTUS decision in these cases and think that the logic used is disingenuous. The purpose of the Sunday “blue laws” was of course to promote religious attendance and encourage that attendance at Christian services on Sunday. A secondary reason was one of respect to Christianity and its belief that the Sabbath day of rest demanded in the Ten Commandments was Sunday. To say that it was to serve as a “uniform day of rest for all citizens” is frankly an untruth and adds intent to these laws that was never present in their imposition. This week though another ruling came down in what I see as a related case involving what I see as our right to have “freedom from religion” and I would like to add that to the discussion. Continue reading “Higher Power or Else!”
In the cult of personality surrounding President Barack Obama, the ultimate test of loyalty is to shoot a cherish value. No one has proven herself more blindly loyal than House Minority Leader Nancy Pelosi who previously led the fight to kill privacy in America as a demonstration of absolute fealty. Now, Pelosi appears to be advocating military action. In a meeting with the White House. Pelosi voiced the need for action. Presumably, this means military action — again — because Obama said that the use of chemical weapons would be a redline and of course Obama is not to be mocked. It is a test that England appears to have failed and now there is a concern that the White House views England with suspicion and distrust for balking at war.
In the 1930s, Bertolt Brecht asked in a poem “What if they gave a war and nobody came?” The question today is of course silly. The United States will always be there for a war. In the first rejection of a request for military action since 1782, the Parliament voted 285 to 272 against approving a military strike against Syria. Undeterred, the White House today is saying that it is considering just bombing the country on its own and throwing aside any pretense of an international effort. By the way, that last time Parliament refused further military action was when the Crown was fighting a collection of colonies in the New World who, after independence, strongly opposed “foreign entanglements” and military ventures. The United States of America.
Continue reading “What If We Gave A War And No One Came? English Parliament Rejects Move To War”
While President Obama continues to maintain that only he decides what constitutes a war and requires consultation (let alone a declaration) from Congress, there remains a modicum of democratic process in England. The Obama Administration was surprised to learn that British Prime Minister David Cameron could not simply plunge his nation into another military conflict and that Parliament did not want to blindly follow the United States into attacking Syria. They would like to wait for all of the facts to be established by the United Nations before deciding how to act. It is of course a ridiculous notion that was long ago discarded in this country. If that was the approach in the United States, we would never have been able to invade Iraq on false pretenses and spend hundreds of billions in a war that has cost us tens of thousands of dead and wounded service members. Indeed, such knowledge is steadfastly avoided by our own politicians. By simply giving Bush a blank approval, politicians like Hillary Clinton and John Kerry could later deny that they really approved of the Iraq war and insist that they were misled by Bush.
Continue reading “English Parliament Balks At Obama’s Latest Demand For Military Intervention”
Russian police have shutdown an art gallery in the latest attack on free speech under President Vladimir Putin. The police declared a painting to be illegal and pornographic because it depicted Russia’s President Vladimir Putin and Prime Minister Dmitry Medvedev in women’s underwear and another of the head of the Russian Orthodox Church covered in tattoos. The paintings were seized from the Museum of Power. Last year, we saw how a protester was arrested for spitting on the image of Putin during a demonstration. It appears that after years of cultivating a cult of personality with action-hero photo ops and staged acts, Putin is not about to let a bunch of artists mock his well constructed image.
There is a controversy brewing at Tulane Law School where I began my academic career. The law school was the scene of a confrontation between controversial conservative filmmaker and activist James O’Keefe and former U.S. Attorney James Letten whose office handled the prosecution of O’Keefe for his entry in the office of Democrat Sen. Mary Landrieu under false pretenses. Letten is now an Assistant Dean at the law school. Letten never explained why he recused himself from the case but O’Keefe suggests that he was responsible for leaking confidential information to the media. In the video below posted and edited by O’Keefe, Letten confronted O’Keefe and accuses him of “terrorizing” his wife and violating state and federal law by appearing at the law school. Letten calls O’Keefe and his crew a bunch of “hobbits” and berates the filmmaker. While I am no fan of O’Keefe, I am afraid that I do not see the basis for the alleged crimes by O’Keefe or the basis for his being held by law enforcement outside of the law school. The school has banned O’Keefe from the campus after the confrontation with Letten.
We have previously discussed how students are being punished for out-of-school postings and statements on social media sites, a trend that I have criticized. Now, with the Supreme Court expanding the power of school officials to discipline students and teachers for outside activities, schools are creating their own surveillance and monitoring systems in our society. The Glendale Unified School District has hired a company called Geo Listening to monitor the conversations and postings of all of its students to detect any areas of concern. It is the latest example of how privacy in America is dying by a thousand papercuts.
President Barack Obama appears poised to take the country into yet another military campaign, according to the Washington Post. With critics mocking him over his repeated references to “red lines” in warning Syria, Obama seems to feel compelled to now act even if it could result in an expansion of the war. He is reportedly considering a two-day cruise missile and bomber campaign to hit targets unrelated to the chemical weapons of the country. It will cost hundreds of millions at a minimum, but we appear now to be at perpetual war even as we cancel key environmental, educational, and scientific programs (including program cuts this week).
Continue reading “Obama Reportedly Ready To Order The Start Of Syrian Military Campaign”
After leading an assault on civil liberties and privacy in his Administration (as well as blocking efforts to prosecute Bush officials for torture), President Barack Obama may just be the last person who should be giving advice on training lawyers. Yet, Obama told lawyers last Friday that he would like to see law school cut by one-third to reduce time studying legal principles and history. Of course, given the number of constitutional provisions that Obama has effectively negated, it may take less time to study the remaining laws after the Obama years. Before law schools follow his lead to a fast-food version of legal education, we need to ask what we want in our lawyers. The President would reduce legal training to a program slightly longer than current paralegal schools.
Submitted by Charlton Stanley, guest blogger
There is no dispute that jails are overcrowded. Many counties spend millions on new and improved jails, only to have them fill to capacity the first day they open. This is nothing new. Some judges have found themselves faced with the dilemma of sentencing a defendant to jail, but there is literally, “No room at the inn.” Some chief judges have been forced to order felony inmates released before their sentences were up, simply to make room for new inmates.
Some judges, especially at the municipal and county levels, have turned to creative sentencing. Some of the sentences seem to fit the crime and make one smile at the same time, such as sentencing young adults with ‘boom-box’ cars ticketed for loud music to spend anywhere from an hour to all day listening to classical music, jazz, bagpipes and oriental music. There was one judge who played saxophone in a jazz band, and he would throw in a few recordings of his own music. I don’t know how good the judge is on the sax, or whether that might come under the heading of cruel and unusual punishment.
There are a number of cases where slumlords were ordered to live in their own slum properties. One of those cases was used as the story line on a TV crime drama program several years ago.
Public shaming has been tried as an alternative sentence. Wearing sandwich board signs in public proclaiming their idiocy to their friends and neighbors, wearing a chicken suit, and whatever else the judge thought appropriate. When the Stolen Valor Act was in effect, one defendant was sentenced to 500 hours of community service working with groundskeepers tending the graves at the nearest National Cemetery. I don’t have a problem with making the sentence fit the offense, but some go too far, and some are far too lenient. Lack of consistency or rules for alternative sentences results in lack of fairness to both victims and defendants. It is the other extreme from mandatory minimum sentences where the judge has no discretion at all.
This weekend, Jonathan Turley, our blog host, debated Professor Peter Moskos on NPR. Mr. Moskos is a former police officer and now teaches law. He has written on the subject of alternative punishment, and the title of his most recent book, In Defense of Flogging, is provocative if nothing else. He also authored a column in the Washington Times entitled, Bring Back the Lash: Why flogging is more humane than prison.
Sorry, Professor Moskos. Fifty years after Dr. King gave his famous speech on the steps of the Lincoln Memorial, I don’t think we want to go there.
Ever again.
Continue reading “Alternative Sentences and Punishment: Creative or Inhumane?”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
I have to admit that I knew very little about the sovereign citizen movement before I read a New York times article a couple of days ago that opened my eyes to the movement and how some in that movement have attacked government officials and civil service workers. To fully understand how members of the sovereign citizens movement think, one must know a little about their beliefs.
“Sovereign citizens believe that in the 1800s, the federal government was gradually subverted and replaced by an illegitimate government. They create their own driver’s licenses and include their thumbprints on documents to distinguish their flesh and blood person from a “straw man” persona that they say has been created by the false government. When writing their names, they often add punctuation marks like colons or hyphens.” New York Times Continue reading “Sovereign Citizens With a Penchant for Filing Liens”
The New Mexico Supreme Court ruled yesterday that a photography studio violated the the New Mexico Human Rights Act (NMHRA) by refusing to photograph a same-sex wedding. Vanessa Willock was told that Elane Photography had a moral objection to her gay wedding and sued under the act, which “prohibits a public accommodation from refusing to offer its services to a person based on that person’s sexual orientation.” The case is the latest in a growing number of such conflicts between religious beliefs and anti-discrimination laws. Because this is an expressive activity, it raises some difficult questions under the first amendment rights of the owners of Elane Photography, Jonathan and Elaine Huguenin. As one justice noted in concurrence, this is “the price of citizenship.” However, there remains the question of the right of citizens not to be forced to express ideas or values with which they disagree. That concern rests on a distinction between an expressive activity like photography and a cab or a movie theater in public accommodation.