There is a new example of how free speech values are declining in England, particularly on college campuses this week. Students at Cardiff University launched an online petition trying to bar Germaine Greer, the Australian feminist author, from speaking at the school next month because of her views on transgender women. Rather than recognize that Greer has an opinion to share as part of the pluralistic academic forum, these students sought to bar her from sharing her views and engaging in a debate in the area. To its credit, the university has thus far stayed committed to free speech and refuses to bar Greer.
Category: Constitutional Law
Our close ally, Egypt, continues to lay waste to free speech this month with the absurd sentencing of a Facebook user to three years in jail for simply putting Mickey Mouse ears on a picture of president Abdel Fattah El-Sisi. Amr Nohan was charged with an “attempt to overthrow the regime” for the comical Facebook posting and tried in a military court.
The meetings this week between President Xi Jinping and British leaders came with a clear instruction from the Communist regime: do not raise the issue of human rights. The Chinese told British diplomats that any questioning about the regime’s continued denial of basic human rights would be viewed as a hostile act. As always, the Chinese just want to talk about business and not people. What is most striking is that many countries have become so dependent on China that they follow such outrageous dictates.
Continue reading “China to Britain: Do No Raise Human Rights Or Risk Ruining “Golden” Relationship”
This afternoon, Judge Rosemary Collyer issued her ruling on the motion by the Administration to forego a ruling on the merits in the United States House of Representatives v. Burwell, a challenge brought by the House to unilateral action taken by the Administration under the Affordable Care Act (ACA). After losing its motion to dismiss the case on standing grounds, the Administration sought (over the objections of the House) to remove the case to the United States Court of Appeals for the District of Columbia without ruling on the merits of the case. Judge Collyer denied the motion and set the case for final briefing and ultimately a final ruling.
Continue reading “FEDERAL COURT DENIES ADMINISTRATION MOTION AND SETS ACA CASE FOR FINAL RULING”
The United House of Prayer on M Street NW in Washington, D.C. has a curious view of the free exercise clause of the First Amendment. The Church has claimed that the city is denying the freedom of religion by seeking to add a bike lane on one side of its street. While there is a rich literature on the scope of the protections afforded to religious practices, it is perfectly delusional to claim that the addition of a bike lane violates “constitutionally protected rights of religious freedom and equal protection of the laws.”
Continue reading “D.C. Church Claims Bike Lane Would Violate Freedom Of Religion”
There is an interesting criminal case in Canada where American Peter Hasler, 25, of Murrells Inlet, S.C., is under arrest for possession of child pornography. However, the images were not of human beings but cartoon characters. Canada treats sexual cartoon images as pornography – a view widely rejected in the United States as inimical to free speech protections.
We previously discussed the truly bizarre scene of having Saudi Arabia sit on the UN Human Rights Council despite being one of the most infamous violators of human rights. As if to remind the world of the crushing irony, Saudi Arabia has issued a statement telling the world that it has no business objecting to the planned execution of a religious dissent. The Saudi Arabian embassy in the UK has denounced “any form of interference in its internal affairs” regarding the case of 21-year-old dissident Ali Mohammed al-Nimr, who has been sentenced to death by beheading for engaging in pro-democracy protests.
There is another controversy brewing in California over allegations that the University of California at Berkeley is again trying to circumvent a state law that bars the use of race in educational decisions. Berkeley has announced a $20 million fund to endow scholarships for African-American students and to hire a diverse faculty. Critics say that it clearly runs afoul of the law and is another example the refusal of administrators to comply with a state policy for absolute racially blind decision-making in admissions and other educations decision making.
Continue reading “Berkeley Under Fire For New Race-Based Program”
State’s Attorney Anita Alvarez in Chicago has long been criticized for her efforts to bar the public filming of police officers, bizarre positions, and anti-civil liberties positions. Now she is again under fire for refusing to re-open four cases that were identified in an independent investigation as “more likely than not” resulting in the conviction of innocent men.
The elevation of Saudi Arabia (in what appears now a secret deal with England) in 2013 to the United Nations Human Rights Council was to say the least controversial. After all, the Kingdom denies basic rights to women, bars basic religious freedom for non-Muslim (including the construction of any church in the Kingdom), engages in torture, and applies a medieval Sharia law that imposes grotesque and draconian punishments. It is widely viewed as the appropriate target (not a member) of the Council. Saudi Arabia has not wasted time in obstructing human rights measures. This week for example the Kingdom blocked plans for an international inquiry into human rights violations by all parties in the war in Yemen despite massive death counts among civilians in the last six months. It also announced at a meeting of the UN Human Rights Council in Geneva that it will opposed any and all protections for gay people as anti-Islamic.
Continue reading “Saudi Arabia Uses Position On Human Rights Council to Block Human Rights Measures”
There is a new conflict over religious rights in public education in New Jersey where Muslim families demanded an official holiday for Eid al-Adha. The meeting erupted when the school board refused to create such a holiday just six days before Eid al-Adha, which would have required thousands to families to scramble to find accommodations for their children. It also raises the slippery slope of adopting some religious holidays and not others. For example, the Jewish community noted that their families do not have official holidays for Rosh Hashanah and Yom Kippur. The confrontations raises the question of why public schools should create religious holidays as opposed to giving students excused absences for such holidays, which New Jersey does.
Marine Le Pen, the leader of France’s far-right National Front, has been criminally charged with inciting racial hatred in the latest example of the rollback on basic free speech rights in France and other European nations. I have been a critic of the crackdown on free speech in France, including the hypocrisy of the government in the aftermath of the Charlie Hebdo massacre. In this case, Le Pen compared Muslim street prayers to a Nazi-like occupation, a statement that should be clearly protected as political speech in France. Instead, she will be pulled before a tribunal in another example of how free speech is being eviscerated by anti-discrimination and hate speech laws.
University of Missouri associate professor of law Royce de R. Barondes has placed himself at the forefront of the gun rights debate with a lawsuit challenging the ban on guns on campuses in the state. The lawsuit follows the gunning down of history professor Ethan Schmidt on the Delta State University campus. Schmidt was unarmed and Barondes does not intend to go so easily, it appears.
Continue reading “Muzzling Ole Mizzou: Missouri Law Professor Challenges Ban On Guns On Campus”
When the case of the shooting of a Chicago police officer in 2012 came to the chambers of Cook County Circuit Judge Thaddeus Wilson, the court saw something that it said was obvious to anyone who has done any practice in the criminal law: the statement of the mother of the suspect Paris Sadler was free of any corrections or edits. Since the mother Talaina Cureton said that she had edited and corrected the statement prepared by Assistant Cook County state’s attorney Joseph Lattanzio, it was a curious fact. However, Cook County State’s Attorney Anita Alvarez, long criticized for her policies such as prosecuting citizens who dare to video police in public, fought to block any effort to reexamine the statement and denied that her office omitted critical information. Now, it appears that one of those videotapes that Alvarez hates, existed showing Cureton editing the statement. Lattanzio has been fired. However, once again, without the videotape, Alvarez’s office would have likely succeeded in blocking the challenge and protecting the prosecutorial misconduct.
I have the honor today and tomorrow of speaking at the Utah Valley University’s annual Constitutional Conference sponsored by The Center for Constitutional Studies. The CCS, under Director Rick Griffin, has blossomed into an extraordinary center for intellectual exchange in Orem, Utah with figures regularly brought from all over the world to discuss a myriad of legal and policy questions. This conference is particularly fortunate to have a group of diverse academics and lawyers, including Judge Sir Christopher Greenwood, the United Kingdom of Great Britain and Northern Ireland Judge on the International Court of Justice. Sir Christopher will give a keynote address entitled “The Powers and Privileges of U.S. Presidents Abroad under International Law.” He is one of the truly towering figures in international law.