Category: Constitutional Law

Constitutional Law, Courts, Media, Society, Supreme Court

Obamacare Spared Through “Jiggery-Pokery”?

scaliaSupreme CourtI spent most of the day opining in front of the Supreme Court and in studies on the 6-3 ruling in favor of the Obama Administration in King v. Burwell. I will not subject you to more of that analysis. I have previously indicated that I found the opposing view of the Halbig decision against the Administration to be compelling, though I have always viewed this to be a difficult question upon which people of good-faith could disagree. Yet, in both my prior congressional testimony and my columns, I have never accused the Administration of “jiggery-pokery” — largely because I was not sure what jiggery-pokery is. However, Associate Justice Antonin Scalia has written a stinging dissent to King that contains the memorable accusation that the majority was engaging in “interpretive jiggery-pokery.”

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Constitutional Law, Criminal law, Free Speech, Politics, Religion, Society

Pennsylvania Politicians Seeks To Impose Registry and Other Limitations In Strip Clubs

2350px-poledsc325We have previously discussed efforts of politicians to add costs or otherwise harass owners and customers of strip joints for moral, social, or political reasons. Both feminists and religious right advocates have targeted the businesses. The latest such effort is being spearheaded by Pennsylvania state Rep. Matthew Baker, R-Tioga, who admits that he has introduced a new draconian measure to respond to faith-based groups. His bill would force strippers to register with the state, ban alcohol in strip joints and create a buffer zone between dancers and patrons (effectively barring “lap dances.”).

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Bizarre, Constitutional Law, Criminal law, Free Speech, International, Media, Politics, Society

Controversial Filmmaker O’Keefe Detained At Border By Customs

CIHe_UEUEAA7r4YConservative filmmaker James O’Keefe has reported that he was detained by U.S. Customs and Border Patrol agents Monday when attempting to reenter the country. The reason appears his widely published video showing him crossing the border repeatedly from United States and Mexico while dressed as Osama bin Laden. The video succeeded in capturing what critics have complained about for years: that the border remain wide open and that the Administration is misleading the public on the ease with which potential terrorists could cross into the United States illegally. Whatever the merits of that video, it does seem to me to be either a form of journalism or political speech. It was also very embarrassing for Customs and the Administration. That makes the action troubling if O’Keefe was told, as he states, that he will be detained from now on whenever he tries to reenter the United States.

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Academia, Bizarre, Constitutional Law, Free Speech, International, Media, Society

Berkeley Holds Seminars To Discourage Use Of Terms Like “Melting Pot” As Racial “Microaggressions”

200px-University_of_California_Seal.svgI have written columns and blogs through the years about the disturbing trend on U.S. campuses toward free regulation and controls. In the name of diversities and tolerance, college administrators and professors are enforcing greater and greater controls on speech –declaring certain views or terms to be forms of racism or more commonly “microaggressions.” The latter term is gaining support to expand the range of controls over speech and conduct to include things that are indirect or minor forms of perceived intolerance. The crackdown seems most prevalent in California where lists of “micro aggressions” seems to be mounting as a macroaggression on free speech. The new list of verboten terms out of University of California (Berkeley), headed by Janet Napolitano, captures the insatiable appetite for speech regulation. The school has asked faculty to stop using terms like “melting pot” or statements like “I believe the most qualified person should get the job.” They are now all microaggressions. Not only are school buying into the concept of microaggressions and speech regulation, but they are shaping a generation of students who seem to look for any possible interpretation of terms to take offensive at.

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Academia, Constitutional Law, Criminal law, Media, Society

Former Student Sues Amherst College Over The Denial Of Due Process In His Expulsion Over An Allegedly False Rape Charge

Amherst_College_Seal.svgA male student identified as “John Doe” has sued Amherst College for allegedly denying him due process and ignoring evidence that he says proved another students Sandra Jones, lied about an alleged rape at the college. This is the second such lawsuit accusing the school of stripping students of due process in the handling of sexual harassment or assault claims. I have previously written about my concerns over the heavy-handed measures that the Obama Administration has forced on universities over the objections of faculty and students alike in such cases.

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Constitutional Law, Free Speech, International, Media, Politics, Society

Kuwait Sentences Female Activist and 21 Others For Reading From Speech Critical Of Emir

PrisonCell220px-Sheikh_Sabah_IVIn 1991, President Bush announced the start of military operations to free Kuwait from the ravages of dictatorship after the invasion of Iraqi forces. He promised to restore Kuwait and its people to freedom. In the years following the liberation however Kuwait’s government has repeatedly shown that real freedom was confined to its ruling family and not average Kuwaitis. The sentencing in absentia of Rana Jassem al-Saadun is only the latest example. The female rights activist was given three years in jail for simply repeating parts of a speech by an opposition leader that was critical of Emir Sheikh Sabah al-Ahmad al-Sabah, Kuwait’s authoritarian leader.

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Constitutional Law, Courts, Torts

Ninth Circuit Allows Department Of Corrections To Designate “Women Only” Job Categories

By Darren Smith, Weekend Contributor

Washington Department of Corrections Shoulder PatchThe Ninth Circuit Court of Appeals issued a ruling permitting the Washington State Department of Corrections (DOC) to designate a number of open positions within its prison system that are available solely for female candidates.

The Court held that the DOC articulated a well-founded and researched interest in designating a specific number of female only positions to address issues related to privacy interests of women inmates and to reduce the number of sexual improprieties involving male employees, especially within the state’s prison facility for women located in Washington. The state also articulated successfully the need to employ female only positions for the normal and regular operation of its women’s prisons.

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Bizarre, Constitutional Law, Criminal law, Society

Policing For Dollars: Federal and State Officers Take Life Savings From College Student Despite The Dropping Of All Charges

150617_KentuckyForfeitureEMBED2We have previously discussed “policing for dollars” or “churning” where they seize cash, particularly on highways, as suspected drug money even without actually arresting or charging the drivers. It raises a huge amount of money for police departments and has been widely criticized as abusive. The latest victim of churning appears to be Charles Clarke, 24, who was on his way to take classes at the University of Central Florida. He was stopped at the Cincinnati/Northern Kentucky International Airport in Hebron, Ky. with his life savings that he was taking with him for safe keeping and to support his education. Since he could not “prove” the source of the money, agents seized the $11,000 and, despite dropping all charges against him, has thus far refused to return the money despite Clarke’s efforts.

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Constitutional Law, Courts, Lawyering, Politics

Kentucky Judge Suspended After Allegedly Threatening to Put “Bullet In the Head” Of Police and Name Calling

8087047_GKentucky Judge Steven D. Combs in Pike County has been temporarily suspended after an array of charges of bizarre comments and actions, including calling officials such names as “Fishface,” “cokehead,” and “Dumbo.” Worst yet, he threatened to put a “bullet in the head” of the next police officer who pulled him over. A temporary suspension until resolution of the 10 charges seems quite modest punishment but his counsel, Stephen Ryan, still conveyed Combs’ “disappointment” with the action taken by the Judicial Conduct Commission.

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Academia, Constitutional Law, Free Speech, Society

Illinois Sanctioned By AAUP Over Termination of Professor For Anti-Israeli Views

dJZiSXft_400x400We previously wrote about the decision of the University of Illinois to withdraw the employment of Professor Steven Salaita due to his publication of anti-Israel views on Twitter. I raised concerns over the decision as punishing an academic for views expressed outside of the classroom. It appear that the American Association of University Professors has the same concerns. The AAUP has passed a censure of the University — a significant sanction for a university that has strived to be included among the top school.

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Constitutional Law, Free Speech, Media, Politics, Society

Montana Moves To Criminalize Speech Deemed Insulting To Religious or Racial Groups

100px-Montanastatesealnicubunu_open_mouthWe have been discussing the crackdown on free speech in the West, particularly in England, France, and Canada. It is a rising concern that seems to be lost on Montana legislators and prosecutors who want to follow the path of speech criminalization. The Montana criminal defamation statute criminalizes speech that exposes religious, racial, and other groups — “to hatred, contempt, ridicule, degradation, or disgrace” — an absurdly broad standard that would make a Sharia judge blush.

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Constitutional Law, Criminal law, Torts

California Police Under Investigation After Beating Of Suspect Caught On Videotape

Screen Shot 2015-06-08 at 11.43.07 PMThere is another controversy over the level of force used in an arrest. The latest such controversy comes from Salinas California where police are investigating a new videotape and witness complaints about a beating given to a mentally ill who was being arrested after shoving his mother into a busy street. While 28-year-old Jose Velasco is shown trying to rise at one point, police below are shown beating him with batons and shooting him with Tasers while he is on the ground.

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Constitutional Law, Courts, Criminal law, International, Media, Religion, Society

Saudi Arabia Upholds Barbaric Sentence Of Blogger To Flogging and Jail For Insulting Islam

badawiSaudi Arabia’s Supreme Court reaffirmed yesterday that it rejects the most fundamental notions of due process, free speech, freedom of religion, and the free press. It was able to do all of that in one case — perfectly capturing the inherently abusive elements of Sharia law and religiously based legal systems.

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Constitutional Law, Criminal law, Media, Society

Texas Police Officer Suspended After Release of Videotape Of Response To Disturbance At Pool Party

Screen Shot 2015-06-08 at 8.48.04 AMA McKinney, Texas police officer has been suspended pending review after the posting of a videotape where he draws his gun and manhandles a group of teenagers outside of a pool party. The officer has been identified as Cpl. Eric Casebolt and he is shown being verbally and physically abusive toward young people who are not clearly doing anything unlawful.

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Constitutional Law, Free Speech, International, Politics, Religion, Society

Erdogan’s Ruling AKP Loses Majority In Turkish Elections

By Darren Smith, Weekend Contributor

Flag of Turkey220px-Recep_Tayyip_ErdoganThose having great concern of the rise of Turkish President Recep Erdogan as a threat to free speech and his pursuit of an increasingly autocratic government can breathe, at least in the short term, a collective sigh of relief. With ninety-nine percent of the polling counted, Erdogan’s AK Party lost its parliamentary majority, preventing it from successfully pursuing constitutional changes that could solidify his power and what likely would lead further erosion of the traditionally secular state. This is the most significant setback to the AKP in the thirteen years it has governed over Turkey.

The announcement of the loss of majority came as a surprise as many feared manipulation of the voting process and witnessed numerous attempts at voter suppression and the jailing of media officials and those critical of the president.

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