Laura Murphy wants people to know that she is no book burner . . . just a book banner. The Fairfax County mother of four has been campaigning to ban the Pulitzer-prize-winning American novel “Beloved” from the school system due to its depictions of bestiality, rape, and murder. She says that her teenage son read the book as a senior in his Advanced Placement English class and was traumatized with nightmares as a result. Now she wants to ban the book for any child to read.
Category: Constitutional Law
We have previously discussed the President’s “kill list” policy under which Obama claims the right to be able to kill any American based on his sole judgment and discretion. A confidential Justice Department memo now sheds more light on that policy and states a broader basis for such killings than previously suggested by the Administration. It is also not clear why this memo was kept secret by the Administration since it deals only with legal interpretations — not classified operational information.
Continue reading “DOJ Memo: Obama Administration Claims Broader Authority To Kill Americans”
We have yet another case of the “zero tolerance” policies being imposed in our school as an excuse of zero judgment or though by school officials.We have been discussing the steady stream of absurd actions taken by school officials under “zero tolerance” policies. For a prior column, click here. Now, Daniel McClaine Jr., a freshman at Poston Butte High School in Florence, Arizona, has been suspended for simply choosing a picture of a gun as a desktop background his computer.
Continue reading “Arizona School Suspends High School Student For Picture of Gun”
Submitted by: Mike Spindell, guest blogger
I don’t usually hold with simplified solutions to certain problems we all face but one comes to mind based on an article I read just now. A reasonable person should vote against any, I mean ANY, politician who has done, or is willing to do anything positive towards continuing the practice of privatizing the prison system on any level of government. From a standpoint of our Constitution I believe that the concept violates it, in spirit, if not in fact. From a fiscal point of view I believe that there is no cost effectiveness in privatizing a prison system. From an ethical position I believe that punishment by our criminal justice system is a government function and can not be given to private contractors without abuses coming. Finally, from a humane standpoint I believe that running a prison on a for-profit basis will never live up to the standards of humane treatment even the worst of prisoners deserve. The institution of a private prison system is a call for corruption just as in the case of the two Pennsylvania Judges convicted of wrongly accepting bribes to sentence minors to a private prison run for minors. This was the infamous “Kids for Cash” case which resulted in prison for these venal, loathsome jurists. http://en.wikipedia.org/wiki/Kids_for_cash_scandal I believe that cases and corruption such as this are the inevitable result of prison privatization and I believe that we are going to see more and more of it today.
The article which appears in today’s Huffington Post is titled: “Lake Erie Correctional Institution, Ohio Private Prison, Faces Concerns About “Unacceptable” Conditions”. The issues discussed in this brief article highlight all that I think is wrong about maintaining a privatized prison system and about the abuses that spring naturally from the concept. The article even touches on why the initial cost benefit put forth by private companies and by the politicians they convince to back their idea, is unreal and actually leads to greater expense on borne by the government and its citizens. Continue reading “Privatized Prisons a Bad Idea Gets Worse”
Submitted by: Mike Spindell, guest blogger
Former Senator Nebraska Chuck Hagel has been nominated by President Barack Obama as Secretary of Defense. Conventional wisdom would no doubt be that Hagel would have an easy path to the position. Hagel, a twice wounded Viet Nam War Sergeant and self-made millionaire, was elected to the Senate in 1996. His charismatic personality and blunt talk allowed Hagel to rise quickly within the Senate Republican hierarchy and his voting record was considerably conservative. He had a “a lifetime rating of 84 percent from the American Conservative Union and consistent A and B grades from the National Taxpayers Union “ http://en.wikipedia.org/wiki/Chuck_Hagel Initially had few misgivings about attacking Iraq, but supported the war and George W. Bush’s prosecution of it. By 2007 though, Hagel’s misgivings had turned into opposition to the war and he was one of three Republican Senators who voted for a failed resolution that would have ordered the withdrawal of American Troops within 120 days. Chuck Hagel’s clarity on Iraq extended to opposition to the morass in Afghanistan as well. Continue reading “Why “They” Hate Hagel and American Mythology”
by Gene Howington, Guest Blogger
One of the key concepts of advertising is “get ’em while they’re young”. Building brand loyalty in a child can make for a lifelong customer. The same adage applies to propaganda. Young minds are impressionable. There was valid psychology behind the Nazi’s formation of the Hitler Youth. Just so, there is valid psychology behind the production of war toys. When you teach children that American military might is always right (as well as hours of fun!) and that violence is not only an acceptable but the preferred method of dispute resolution, they are getting the message. You don’t see a lot of “Ambassador” or “Diplomat” toys. The G.I. Joe toys and plastic Army men of my youth were little more than jingoistic bits of plastic designed to give children the chance to vicariously be a “real American hero” without the trauma psychological and physical that we all eventually learn usually accompanies being an actual war hero in real life.
Continue reading “Propaganda 101 Supplemental: Child’s Play”
-Submitted by David Drumm (Nal), Guest Blogger
In Grote v. Sebelius, (7th Cir., Jan. 30, 2013), a 2-1 decision by the U.S. 7th Circuit Court of Appeals granted an an injunction, pending appeal, where the defendants are enjoined from enforcing the contraception mandate against the Grote Family and Grote Industries. Grote Industries is a privately held, family‐run business headquartered in Madison, Indiana. Members of the Grote Family are Catholic and operate their business according to the “precepts of their faith, including the Catholic Church’s teachings regarding the moral wrongfulness of abortifacient drugs, contraception, and sterilization.”
Continue reading “7th Circuit Enjoins Contraceptive Coverage Mandate”
I would expect that of all of the NFL teams to espouse homophobic views, the San Francisco 49ers would probably be the least receptive forum. That did not appear to deter 49ers cornerback Chris Culliver who raged against gays in the locker room just days before Super Bowl XLVII. In contrast, Ravens player Brendon Ayanbadejo has used the Superbowl to advocate the rights of same-sex couples. (Conversely, Ravens center Matt Birk came out opposing equal rights for gays in marriages). Suddenly, the Superbowl has become a debate on gay and lesbian rights.
Continue reading “Cornerback or Throwback? 49ers Player Culliver Strikes Out Against Gays”
Submitted by: Mike Spindell, guest blogger
One of the main concerns we Americans should have is about the state of our criminal justice system. How a society deals with the issue of criminality is one of the ways that we all can judge its freedom from oppression. This country has been selling our “democracy” to the world for 8 decades now as an example of how a modern nation should operate. Continue reading “Carmen Ortiz: Prosecution for Political Ego?”
A year ago, I testified in Congress that the recess appointments of President Barack Obama were unconstitutional. Those four appointments by President Obama included Richard Cordray, who had been denied confirmation to a consumer protection board in a Republican filibuster. While I liked Cordray, I testified that the appointments were in my opinion clearly unconstitutional. The D.C. Circuit has now agreed with that view and the panel unanimously ruled that Obama violated the Constitution with his circumvention of Congress.
Continue reading “Court Rules Obama Appointments Violated The Constitution”
The U.S. Supreme Court this week refused to hear a challenge by an Illinois atheist to the use of public funds to renovate the 111-foot-high Bald Knob Cross of Peace on the highest mountain in Southern Illinois. The court never considered the merits because Robert Sherman was found to have no standing to bring the lawsuit. I have previously written about my opposition to the Supreme Court’s narrow definition of standing — rulings that effectively insulate some constitutional violations from review as in our lawsuit against the Libyan war.
Continue reading “Supreme Court Refuses To Hear Illinois Cross Case”
New Mexico Rep. Cathrynn Brown (R) has introduced House Bill 206, a bill that would make it a crime a rape victim to get an abortion as destruction of evidence of a crime. Brown is a lawyer and a member of the judiciary committee. She is also an ardent pro-life legislator who has made eliminating abortion (and “debunking” global warming) a mission. and, after a national outcry, says that the bill was poorly drafted will be changed to address the public concerns.
We have previously discussed how Congress and the White House have yielded to demand for increasing copyright and trademark restrictions, including criminal prosecutions of ordinary citizens. One of my longest complaints is how people and businesses now claim ownership of common symbols and phrases. (here and here). This week we have two parties in a fight to claim trademark over a common expression. Roy Fox of Pendleton, Indiana secured a copyright to the term “Harbowl” last year to make money off of a Superbowl with the Baltimore Ravens under coach John Harbaugh and San Francisco 49ers under coach Jim Harbaugh. He was then muscled out of his trademark by NFL lawyers claiming to own the term “Superbowl.”
Continue reading “NFL Crushes Indiana Man Who Claimed Ownership Of “Harbowl””
After the Inauguration, I shared my thoughts on President Barack Obama’s address. I liked the speech but, as with many civil libertarians, I do not share the faith in his commitment to principle — at least not the principles behind civil liberties. Below is today’s print column that touches on some of the same themes with a few additional observations.
Below is my column today in USA Today on the Inauguration Speech of President Obama. Unfortunately, my family got back and reported that the Jumbotron or giant screen was malfunctioning so they missed the entire inauguration speech. Thousands of people were similarly deprived by whatever contractor was handling the screen — a terrible disappointment for thousands who came from all over the country.
Here is the column.
Continue reading “The Obama Inauguration: A Case Of Hope Over Experience”