Category: Constitutional Law

Egyptian Activist Convicted Of Insulting President Mohammed Morsi

220px-MohamedMorsiPThe crackdown on free speech continued this week under President Mohammed Morsi (left) with a conviction of Ahmed Douma for insulting the leader. It is only one of a variety of cases against Egyptian journalists, bloggers, and others charged criminally for their criticism of Morsi and the imposition of authoritarian measures and Islamic laws in the country.

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New Jersey Man Appears In Court In A Full Nazi Uniform To Reclaim Visitation Rights

article-2335367-1A21B5DB000005DC-470_634x582We previously discussed the bizarre case of Heath Campbell, who ran into a bit of trouble when he tried to get a store to prepare a birthday cake for his son Adolph Hitler Campbell. It turns out that the parents gave all of their kids Nazi-related names. After the “mein cake” controversy, the state appears to have placed the couple under investigation and then took away their children. The New Jersey neo-Nazi is now fighting to get back his kids. He did it however in a curious way — he and his new fascist Frau showed up in full Nazi uniforms to court. This raises a significant free speech issue. Most of us view this Nazi obsession to be weird and unbalanced. However, it is also a form of political expression. While the state insists that there is a history of violence in the family (including an “anonymous complaint”), there have been no details of the extent of this history. Should this bizarre conduct and hateful belief system be considered on the custody question.

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The One-Eyed Man In the Land Of The Blind: James Comey Set To Be Next FBI Director Despite Past Civil Liberties Controversies

Jcomey-100The Obama Administration has once again reaffirmed the new relativism controlling Washington in the nomination of James Comey as the next director of the Federal Bureau of Investigation, even as it struggles to put out the controversy over its attack on free press principles. Comey was a critical player in the abuse warrantless surveillance program of the Bush Administration and will now be put in charge of the people carrying out such surveillance. The Administration has been spinning the nomination by pointing out that it was Comey who opposed efforts of the Bush White House in a famous confrontation by the hospital bed of the Attorney General John Ashcroft. However, while that was admirable, Comey did what all officials in his position are duty bound to do (though few in the Bush Administration fulfilled that obligation). Comey however also was critical in other abuses of warrantless surveillance as well as the abusive treatment of Jose Padilla and Plamegate. He is no hero for civil libertarians by any measure.
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Tennessee U.S. Attorney Under Fire For Suggestion That Offensive Speech May Violate Federal Law

Bill Killian. Photo by Alex McMahan Photography (423) 504-6423The Obama Administration is currently struggling to deal with disclosure of its attack on the free press under Attorney General Eric Holder. Now, it’s U.S. attorney for the Eastern District of Tennessee, Bill Killian, suggesting an equally disturbing attack on free speech. Killian told a meeting with local Muslim citizens that he wants to “educate” people about how civil rights laws can be used against anti-Muslim speech. He made these comments along side of the FBI special agent in charge of the Knoxville office.

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It’s All About the Judges

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

Over the years we have heard the stories about Supreme Court justices coming under fire for attending political rallies and symposiums and for taking gifts from political organizations.  Abe Fortas and his subsequent resignation from the Supreme Court is one instance that comes to mind.  More recently, of course,  Justice Clarence Thomas’ exploits come to mind.  “Justice Clarence Thomas is an ethics problem in a black robe. Just eight months after ThinkProgress broke the story of Thomas’ attendance at a Koch-sponsored political fundraiser, we learn that Thomas doesn’t just do unethical favors for wealthy right-wing donors — they also do expensive favors for him.

Leading conservative donor Harlan Crow, whose company often litigates in federal court, provided $500,000 to allow Thomas’s wife to start a Tea Party group and he once gave Thomas a $19,000 Bible that belonged to Frederick Douglass. The American Enterprise Institute, a conservative think tank which frequently files briefs in Thomas’ Court, also gave Thomas a $15,000 gift.”  Think Progress

What we may have missed in those earlier discussions is how important the lower courts and appeals court judges are in enforcing corporate or political legislation and policies.  What would you say if corporations and partisan foundations or think tanks and oil companies were deeply involved in making sure the judges know who their real “friends” are? Continue reading “It’s All About the Judges”

The Austerity Conspiracy

Submitted by: Mike Spindell, Guest Blogger

104248208When I started as a college student about 50 years ago I took the Sociology I course as a required subject. There is little I remember from that course and less I remember about the instructor, except for his introductory words on the first day of class. To paraphrase him he said: “You will be taking a lot of courses in what are called the Social Sciences. Approach them all, including mine, with skepticism because they really aren’t science courses like those you’ve learned as a high school student. They will spend a lot of lecture time though trying to prove they are truly scientific, don’t believe them”. His clear meaning was that although the Social Sciences try to operate as if they are using the scientific method of experiments/research to prove theories, most of the work done is skewed to prove the theory of choice by those doing the research. In the five decades since that lecture my own experience and reading has taught me how true the advice from that long forgotten Sociology instructor is.

The social science that has my attention at the moment is Economics. I’ve read many an economist, from all points on the political spectrum and frankly while I favor those such as Krugman and Baker, I take most of what they say as opinion, rather than scientifically determined truth. Yes I’ve even read “Freakonomics” by Levitt and Dubner and the follow-up “Superfreakonomics” and while they were good reads I see them as not only bad science, but a conflation of economics with other social sciences that is superficial at best. This is really the problem with many economists and their theories. They presume to divine human behavior via the prism of economic theory.  In the end their proofs are merely retrofitting their pre-judgments. That brings me to the “Austerity” movement which has hampered the recovery from the economic “depression” brought on by the wars and tax reductions of the Bush years, while it has also caused a crisis worldwide through its imposition upon many nations. The foundation research that has justified this “Austerity” movement came from two Harvard Professors: Carmen Reinhart and Kenneth Rogoff.  A University of Massachusetts student Thomas Herndon found that their work was filled with mathematical errors in their research spreadsheets. http://www.huffingtonpost.com/2013/04/16/reinhart-rogoff-austerity-research-errors_n_3094015.html Their spreadsheets were their “proofs” that economic austerity promotes economic recovery and this theory, long held by many economists, is the basis for the imposition of austerity onto so many Nation’s economies and is the source of bitter national debate in our own. Though I will present some overview and links amplifying “austerity’s” false assumptions, my interest is in presenting my view on why the powers that be have imposed this doctrine, whose effects fall squarely upon 99% of the people of these nations, leaving the wealthiest unscathed. Continue reading “The Austerity Conspiracy”

The Father of Our Country

Submitted by: Mike Spindell, guest blogger

Gilbert_Stuart_Williamstown_Portrait_of_George_WashingtonThe idea for this guest blog came from Anonymously Yours, who has been around at Jonathan Turley’s Blog, for at least as long as I have. We have had an E Mail relationship, offline for many years. He sent me the link that I’ll be basically using and I think his judgment was on the money. The topic is George Washington’s Farewell Address, how prescient our First President was and how much good advice he gave that we should heed today, after the passage of 218 years.

Like every other American child what I learned about George Washington came from school and little else. When I started learning about him and the revolutionary war, it was common when speaking about him to call him “The Father of Our Country”. As the years passed this description has seemingly fallen out of consciousness and we usually only see him referenced wearing a white wig and a tri-corn hat on President’s Day selling cars. Certainly too, as my education progressed through High School and College, the view of Washington as one of our Founding Father’s was diminished as compared to his more glamorous and brilliant cohort among the Founding Fathers, Jefferson, Franklin and Madison. It is easy to see why this change came about. When you think of Washington, most would see the famous portrait I’ve used as a picture above. The portrait shows a prim-mouthed, rather dour man with a wig. History has given us certain personal details like his famous wooden false teeth. History has also supplied a childish, hagiographic mythology that he never told a lie and threw a coin across the Potomac. There is even some debate about his competence as a General. Indeed, the traitor Benedict Arnold is considered by many to be the best military mind on our side during the Revolution.

So when AY sent me his E Mail, I was at first skeptical about the project until I read the link. While in some sense I knew about his Farewell Address in the back of my mind, rereading it and the commentary on it caused me to rethink George Washington. As I see now he was a great man, in a true sense and he at least gave this country a good start. He also made a contribution regarding how he felt this country should comport itself that is relevant today, although certainly not heeded. Let’s explore Washington’s message and see what wisdom we can draw from it today, or should have drawn in the ensuing 218 years since it was written. Continue reading “The Father of Our Country”

Illinois Teacher Disciplined For Telling Students Of Their Fifth Amendment Rights Before Survey On Drug Use

logo280px-BataviahsJohn Dryden, is a social studies teacher at Batavia High School in Illinois. It may have been his social science background or his concern for basic rights of students, but Dryden felt that he should mention that students have constitutional rights not to incriminate themselves in a school-mandated survey. The survey, after all, was asking the student if they had used drugs, tobacco, and alcohol. In response, the school disciplined Dryden and docked his pay.

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MSNBC Political Analyst and Georgetown Professor Calls Holder “The Moses Of Our Time”

holdereric170px-rembrandt_harmensz-_van_rijn_079-1In the last couple weeks, it has been astonishing to watch Democrats once again abandoning a core principle — in this case the protection of the free press — to excuse another abuse of the Obama Administration. The new talking point for defenders of the Obama Administration is that it is really not that bad to seize the records of journalists or label a journalist a potential criminal co-conspirator so long as they are not actually prosecuted. None however are quite so adamant as Georgetown Professor and MSNBC Political Analyst Michael Eric Dyson who called Eric Holder our “law giver” and “the Moses of our time.” In this case, of course, Moses came down from the mountain and endorsed the killing of any citizen deemed a national security threat, allowed warrantless surveillance, blocked public interest challenges to abuses of power, and attacked the free press. While some of us believe Holder should be fired, Dyson apparently believes Holder should be be beatified.

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Texas Court Declares Over A Dozen Individuals Public Nuisances And Bars Them From Neighborhood

gavel2There is a troubling case out of Harris County, Texas where a court has issued an order barring 16 individuals from a Houston neighborhood on the ground that prosecutors alleged that they are gang members up to no good. However, this was a civil proceeding where the 16 individuals were neither given representation nor were present. The precedent established by such a public nuisance ruling is chilling if prosecutors can bar citizens from neighborhoods based on associations or future conduct.

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Media Refuses To Attend Holder Confab Over Monitoring Of Reporters

holderericI have previously expressed my view of the meeting ordered by President Barack Obama of Attorney General Eric Holder with representatives of the media. This feeble response was taken in lieu of the more obvious step of firing Holder for his attack on the free press. The proposed meeting was, in my view, an insulting gesture of effectively having Holder investigate Holder. It was made even more transparent by the decision of the Justice Department that the meeting had to be off-the-record. That was too much for two principled media organizations New York Times, CNN, and Associated Press which have refused (correctly) to attend. Continue reading “Media Refuses To Attend Holder Confab Over Monitoring Of Reporters”

Harvard College Dean Resigns In Wake Of Leak Scandal

174580_167846826769_6484182_nWhile Eric Holder refuses to resign and Obama refuses to fire him, another leading citizen appears to be moving toward a resignation after her own controversial leak investigation scandal. Harvard Dean Evelynn Hammands is leaving her post as undergraduate dean in the wake of a controversy over her ordering the searches of the emails of junior faculty to determine who spoke with the media on a recent cheating scandal. In my view, it was an outrageous act that contravened both academic and privacy principles.

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Empty Altar: Iran Arrests Leading Christian Minister and Drags Him Off Altar In Middle Of Services

220px-Echmiatsin_altair170px-Ali_Khamenei,The Iranian government is continuing its crackdown on non-Muslim faiths this month with a shocking arrest of a minister in the middle of a service at Iran’s largest Persian-language Pentecostal church. One can only imagine the response of Muslims in the country if a Muslim cleric was arrested in the middle of a service in another country. However, the Iranian government pulled Pastor Robert Asserian off the altar and literally dragged him out of the church. The move is viewed as a warning to non-Muslims before the June 14 presidential election to replace President Mahmoud Ahmadinejad.

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Arizona Legislator Leads Colleagues In Double Prayer To Repent For Prayer By Atheist Member The Day Before

steve-smithWe recently celebrated the showing of tolerance in Arizona when the legislators allowed an atheist member to give the opening “prayer.” Democratic Representative Juan Mendez, of Tempe, is an atheist and opened the session by asking his colleagues not to bow their heads but look at each other. That did not sit well with Arizona State Rep. Steven Smith who proceeded the next day to give not one, but two prayers. The second prayer was to express “repentance” of the secular invocation offered the day before by Mendez. He was joined by half of the Arizona lawmakers in using prayer as a condemnation of Mendez and atheists.

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FIRE ERIC HOLDER

holderericHere is today’s column in USA Today calling for the firing of Attorney General Eric Holder (I have added a couple lines removed in editing). Holder is not the only individual who needs to leave federal office but he is the first. Equally responsible are his deputy, James Cole, and Ronald Machen Jr., the U.S. attorney for the District of Columbia who played critical roles in the investigation of journalists with Associated Press and Fox News. Notably, Obama reportedly “fired” IRS Director Steve Miller (who was reportedly already leaving) over the IRS scandal though there is no indication of any knowledge on his part. In Holder’s case, he was personally involved in targeting journalists (in the Fox case) and launched an attack on the media that has been condemned by a wide array of public interest and media groups. Yet, Holder has been asked to hold a simple meeting with aggrieved media representatives by Obama.

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