Category: Constitutional Law

Constitutional Law, Courts, Criminal law, Justice, Society, Uncategorized

Probable Cause..Black, Latino and Young

170px-FEMA_-_14834_-_Photograph_by_Liz_Roll_taken_on_09-05-2005_in_Louisiana

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

Much has been written about New York City’s stop and frisk policies, but until now, the evidence of who the police were stopping and why was not a matter of public record.  A recent class action suit has opened the door to learning the true numbers involved as well as the accurate demographics of just who is getting stopped by the NYPD.  “New York police officers testifying before a federal court this week said that racist quotas imposed by ranking officers are behind the police department’s controversial stop-and-frisk program, confirming years of accusations made by civil rights and community advocates that the department’s tactics disproportionately target minorities.  Continue reading “Probable Cause..Black, Latino and Young” →

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

French Jewish Students Demand Millions In Damages Against Twitter Over Anti-Semitic Tweets

150px-Twitter_2012_logoWe have been following (here and here and here and here and here) the worsening situation in England concerning free speech. As noted in a recent column, free speech appears to be dying in the West with the increasing criminalization of speech under discrimination, hate, and blasphemy laws. Now, a French Jewish student group is adding its name to the movement to curtail free speech rights. The Union of Jewish Students (UEJF) is demanding 38.5 million euros after Twitter has declined to turn over the identity of people responsible for comments deemed anti-Semitic by the group. The students appear to have no concept or at least concern for the loss of anonymity in free speech. Like others, they are focused only on their insular grievance with no appreciation for the harm caused by such court orders.

Continue reading “French Jewish Students Demand Millions In Damages Against Twitter Over Anti-Semitic Tweets” →

Bizarre, Constitutional Law, Courts, Politics, Society

Detroit Prosecutor Pulls Prosecutors Out Of Hundreds of Cases While Suing The State Over Budget Cuts

klw2Wayne County Prosecutor Kym Worthy has pulled prosecutors out of all traffic court and domestic violence cases after her office laid off 22 prosecutors due to budget cuts. Now, with Detroit cutting its police force to a dangerous level, the chances of getting caught in a crime is much lower in the city and, if that does occur, the case may be dismissed due to a lack of a prosecutor. Defendants are finding themselves cleared without even having to raise a defense. It is not clear whether police will continue to make arrests in these areas if Worthy is not going to prosecute. Detroit has not only been hit with a falling population and the loss of the auto industry but a political system that has retained incompetent and corrupt politicians — many of whom have been under criminal investigation. As for Worthy, we have previously discussed her controversial prosecutorial decisions and her own scandal over a foreclosed home. I presume that among the cases that will not be prosecuted is Worthy’s prior controversial demand to prosecute parents who miss teacher-parent meetings at public schools.

Continue reading “Detroit Prosecutor Pulls Prosecutors Out Of Hundreds of Cases While Suing The State Over Budget Cuts” →

Bizarre, Constitutional Law, Free Speech, Politics, Society

Oregon Professor Relieved Of Teaching Duties After Bizarre Confrontation With Students

olmstead19n-6-webAn Adjunct Law Professor from the University of Oregon has been removed from teaching responsibilities after a confrontation with students that was partially filmed. James Olmsted had a confrontation with students protesting immigration policies on March 14th in which he and students exchange foul language and at one point Olmsted advises them to “start a war, get a gun, shoot me first.”

Continue reading “Oregon Professor Relieved Of Teaching Duties After Bizarre Confrontation With Students” →

Constitutional Law, Free Speech, International, Politics, Religion

Egypt’s Government Moves Toward Blasphemy Citizen Arrests

stoningJust when you thought that blasphemy laws could not get any worse, the Muslim Brotherhood has come up with a new idea: citizen arrests of tourists for blasphemy. The Middle East is replete with cases of mobs killing people accused of the slightest offense toward Islam. Now, according to Internet reporting, the Egyptian prosecutor general for the Muslim Brotherhood has pushed through a new law permitting ordinary Egyptians to arrest those who offend Islamic law.

Continue reading “Egypt’s Government Moves Toward Blasphemy Citizen Arrests” →

Constitutional Law, Courts, Free Speech, Justice, Politics

National Security Letters Ruled Unconstitutional

bill of rightsby Gene Howington, Guest Blogger

In what may be good news for civil libertarians in a decision released on Friday, U.S. District Judge Susan Illston (District Court of Northern California, 9th Circuit, San Francisco) ordered the government to stop issuing National Security Letters (NSL) across the board, holding that issuing the NSLs violate the 1st Amendment Right to Free Speech and Right of Free Association. For those of you not familiar with NSLs, they are written demands from the FBI that compel phone companies, internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers.  This information includes subscriber information, phone numbers, e-mail addresses, websites visited, physical local of mobile phones, etc.  NSLs have been controversial from the start as they did not require court approval and they come with a built-in gag order that prevents recipients from disclosing to anyone that they have even received an NSL. FBI agents essentially self-issue an NSL with only the only oversight being a sign-off from the Special Agent in Charge of their office. There is no judicial oversight, no proof required, just the mere assertion by the Executive controlled FBI that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities and their own Executive generated approval.

The words “unchecked rubber stamp” come to mind.

This stunning defeat for the Obama administration’s surveillance practices as carried over from the Bush Administration in a power that was created by Congress in 1986 but greatly expanded by the controversial Patriot Act is good news, but not great news.  Judge Illston concurrently issued a 90-day stay on her orders to allow the government to appeal to the 9th Circuit Court of Appeals and the ruling is narrow in scope (see below).  This case is not, however, the first swing at this question before the court(s) and it is unlikely to be the last.

Continue reading “National Security Letters Ruled Unconstitutional” →

Constitutional Law, Religion, Supreme Court

Searching For Honest Atheists

-Submitted by David Drumm (Nal), Guest Blogger

The God ArgumentDamon Linker doesn’t see the need of another book about atheism. This time it’s British philosopher A.C. Grayling’s The God Argument – The Case against Religion and for Humanism, to be published on March 26. Linker quotes honest atheist and philosopher Friedrich Nietzsche when Nietzsche proclaimed that the death of God would be an “awe-inspiring catastrophe” for mankind. Although numerous gods from humanity’s past have lost their imagined effect on the human condition without catastrophic results, Nietzsche seems to think the passing of this god will be different.

Continue reading “Searching For Honest Atheists” →

Bizarre, Constitutional Law, Free Speech, Media, Politics

Biden Staffer Forces Journalist To Delete Pictures and Search His iPhone After Maryland Speech

225px-joe_biden_official_photo_portrait_2-croppedRecently, I felt Vice President Joe Biden was unfairly quoted in a speech that he gave at the University of Maryland on domestic violence. I am less supportive however about what followed the speech. A Biden aide proceeded to threaten a student journalist about taking pictures of Biden and Dana Rosenzweig proceeded to demand that the student delete his pictures and show her his cellphone. While the Biden office has apologized to the university, it is unclear why this staffer still has a job after such a thuggish confrontation with a journalist. It is doubtful that she would have done this with someone from USA Today or the New York Times. The Biden staff have been accused of limiting press and interviews due to the Vice President’s reputation as a perpetual gaffe-machine in public comments.

Continue reading “Biden Staffer Forces Journalist To Delete Pictures and Search His iPhone After Maryland Speech” →

Bizarre, Constitutional Law, Criminal law

Video: Florida Police Officers Charge Man With Assaulting Them After One Beats Him Without Provocation and Another Tasers Him In The Face

bildeWe have another case of a citizen cleared of a charge after review of a videotape. Officer Derek Middendorf of the Melbourne Florida Police is shown in the tape attacking Albert Flowers, 66, without provocation. As shown in the video below, he not only attacked Flowers but tried to disable his dash camera before the attack. After Middendorf assaults Flowers, another officer tasers Flowers in the face.

Continue reading “Video: Florida Police Officers Charge Man With Assaulting Them After One Beats Him Without Provocation and Another Tasers Him In The Face” →

Constitutional Law, Criminal law, International, Politics, Society

Egypt and Muslim Brotherhood Denounce U.N. Document Calling For Protection Of Women As Contrary To Islamic Principles

150px-muslim_woman_in_yemenEgypt’s Muslim Brotherhood and Egyptian diplomats denounced the United Nation’s document calling for the protection of women as contrary to Islamic principles and Egypt is demanding that the resolution include an exception for countries that view the provisions are contrary to their values. The Egyptians called the document “deceitful” and the ruin of traditional families.

Continue reading “Egypt and Muslim Brotherhood Denounce U.N. Document Calling For Protection Of Women As Contrary To Islamic Principles” →

Constitutional Law, Military, Politics

Forty Years Later: The Lessons of Watergate

180px-WatergateFromAir220px-Nixon-departToday I will join a distinguished panel to commemorate the 40th anniversary of Watergate. I will be speaking with Liz Holtzman, member of the House Judiciary Committee during Watergate; Daniel Ellsberg, of Pentagon Papers fame; and Fritz Schwarz, Chief Counsel, Brennan Center for Justice and former Chief Counsel to the Church Committee. We will be discussing the legacy of Watergate in terms of our current controversies over FISA, war powers, presidential papers, and other executive abuses.

Continue reading “Forty Years Later: The Lessons of Watergate” →

Bizarre, Constitutional Law, Courts

Big Gulp: New York Judge Strikes Down Bloomberg’s Beverage Ban

110px-Big_gulp6480220px-Michael_R_BloombergManhattan state Supreme Court Justice Milton Tingling has struck a victory for sanity (as well as individual choice) in striking down New York Mayor Bloomberg’s widely ridiculed ban on large sugary drinks. As we previously discussed, the law was a poorly drafted and poorly conceived ban that allowed a host of higher caloric drinks to be sold in bars and other establishments. Tingling found the law to be “arbitrary and capricious.” Bloomberg has appeared to have developed an insatiable appetite to dictating what others can eat, including a proposed crackdown on popcorn and milk. After the soda ban, a long list of items have been put forward to Bloomberg to ban before Judge Tingling put a halt to the feeding frenzy.

Continue reading “Big Gulp: New York Judge Strikes Down Bloomberg’s Beverage Ban” →

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

Saudi Arabia Sentences Two Leading Civil Libertarians To Long Prison Stints

206378_1053429857926_389_n200px-Coat_of_arms_of_Saudi_Arabia.svgThe hope for reforms in Saudi Arabia remain a roller coaster ride for civil libertarians. On Saturday, a Saudi Arabian court sentenced two prominent political and human rights activists to at least 10 years in prison for protesting the policies of the Kingdom and speaking with the media. Mohammed Fahd al-Qahtani (shown right) and Abdullah Hamad are founding members of the banned Saudi Civil and Political Rights Association, known as Acpra, which documents human rights abuses. The group also has called for a constitutional monarchy and elections. The exercise of basic rights of free speech and association that led to the banning of the group and now the sentencing of its leaders.

Continue reading “Saudi Arabia Sentences Two Leading Civil Libertarians To Long Prison Stints” →

Constitutional Law, Courts, International, Justice, Politics, Society

UPDATE – Your Rights Under Attack: What A Difference Judical Review Makes

Stock Photo of the Consitution of the United States and Feather Quillby Gene Howington, Guest Blogger

Recently we discussed the DHS’s self-approval of their draconian and arguably unconstitutional and unquestionably outrageous policy on searching computers within 100 miles of the border (Your Rights Under Attack: What A Difference 100 Miles Makes). This week, a ruling from the 9th Circuit Court of Appeals not only showed the DHS was legally wrong in their self-approval of a policy that runs afoul of the 4th Amendment, but also illustrated the true value of the checks and balances created by the Separation of Powers Doctrine that so many in the Executive seem eager to trample these days. The case at bar was U.S. v. Cotterman.  In a breath of good news for civil libertarians, the 9th Circuit Court of Appeals en banc ruling held that the 4th Amendment does apply at the border despite DHS contention to the contrary.

Let’s look at this case and ruling. Bear with the long restatement of facts as they are relevant to the holding.

Continue reading “UPDATE – Your Rights Under Attack: What A Difference Judical Review Makes” →