Category: Constitutional Law

European Commission Considering Data Retention Law Targeting Telecoms And Internet Service Providers

By Darren Smith, Weekend Contributor

european-commission-logoUnder the pre-text of combatting terrorism, the European Commission is mulling a proposed regulation that would require telecommunications companies and internet service providers to retain records of European Citizens’ communications. Courts struck down on constitutional privacy grounds a previous law.

The measure comes just after the deadly terrorist attacks stemming from the Charlie Hebdo rampage in Paris in early January. The situation does appear to a lesser degree reminiscent of the changes in government approaches to privacy in the wake of terrorist outrages in other nations such as those in the United States in 2001 and the railway attacks in Spain and the United Kingdom.

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Video: Seattle Officer Pepper Sprays Man Brandishing . . . A Cellphone

Jess-Hagopian-YouTube-800x430High school teacher Jesse Hagopian is reportedly planning to sue the city of Seattle after a police officer sprayed him with chemical irritant as he left a rally on Martin Luther King Jr. Day. He was simply walking away while speaking on a cellphone, as the video below captures.

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Turley Testimony In Senate Confirmation Hearing Of Loretta Lynch

Loretta_LynchI will have the honor of appearing today as part of the confirmation hearings in the Senate Judiciary Committee for Loretta Lynch, nominee to serve as United States Attorney General. Below is my written testimony for the hearing today.

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Alabama’s First Gay Legislator Declares That She Will “Out” Adulterous Colleagues Who Oppose Same-Sex Marriage

Todd_PatriciaAlabama’s first openly gay state legislator, State Rep. Patricia Todd has created a stir this week by declaring that she intends to publicly reveal the adulterous affairs of colleagues who oppose same-sex marriage on the basis of family values. The threat raises the prospect of potential tort liability and some interesting questions of privilege.

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Obama Administration Files Motion To Dismiss House Challenge

Congressional SealSeal_of_the_President_of_the_United_States.svgThe Obama Administration has filed its expected Motion to Dismiss in the challenge by the United States House of Representatives v. Burwell. As many of you know, I am lead counsel in the action. We posted our complaint earlier and I have posted the motion of the Administration below.

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“We’re Going To Be Watching”: New York Police Arrest Man Over Allegedly Threatening Statements and Images Posted On Facebook

24FE2B9600000578-0-Aristy_s_Facebook_profile_features_many_photos_of_him_either_smo-m-44_1422071322717We have been following the response of police in the aftermath of the murder of two officers in New York. One fear is that this effort will extend to areas of free speech and the arrest this week of a teenager boy in Brooklyn would seem to confirm those concerns. Osiris Aristy posted what police consider to be threatening text and digital cartoon images – or emoji on Facebook. He was arrested for terroristic threats as well as criminal possession of a weapon, criminal use of drugs and criminal possession of marijuana. His bail was set at $150,000.

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The CIA’s Whitewash Investigation of Itself

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

It is unfortunately not surprising that anything that the CIA does should be considered suspect.  When the CIA recently came under fire for allegedly spying on Senate computers, no one, except the Senators who were spied on were surprised.  Now that Director John Brennan has completed his internal “investigation” into the matter, the truth has come out.  John Brennan says he and the CIA did nothing wrong! Continue reading “The CIA’s Whitewash Investigation of Itself”

Murder Conviction Reversed After Prosecutor Shows Jury 100 Prejudicial Power Point Slides During Closing Arguments

By Darren Smith, Weekend Contributor

walker-guilty-photoAfter what was declared to be prosecutorial misconduct, the Washington Supreme Court reversed a jury conviction of Odies Delandus Walker. The defendant was convicted as being an accomplice to first degree murder, first degree assault, first degree robbery, solicitation, and conspiracy after a robbery at a Lakewood Walmart.

In closing arguments during trial, the Pierce County Prosecutor’s Office showed the jury a PowerPoint presentation having over one hundred of a total of approximately two hundred fifty slides having headings such as “DEFENDANT WALKER GUILTY OF PREMEDITATED MURDER,” including one slide having a booking photograph of Walker altered to have “GUILTY BEYOND A REASONABLE DOUBT” superimposed in boldfaced red letters over his photograph. Additional photographs presented included those of Walker and his family juxtaposed with those of the murder victim emblazoned with inflammatory captions.

Walker asked the court to address if such actions violated his right to a fair trial due to the prejudicial nature of the presentation.

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Washington State Politicians Draft Bill To Criminalize Whistleblowing In Agricultural Animal Cruelty Cases

By Darren Smith, Weekend Contributor

washington-flag-sealIn what some regard as an affront to both free speech and whistleblowing, Washington legislators Joe Schmick, J. T. Wilcox, June Robinson, and Vincent Buys sponsored House Bill 1104 introducing the new crime of “Interference with Agricultural Production.” The bill, if signed into law, will have the effect of criminalizing whistleblowing and the free speech activities of those seeking to publicize allegations of animal cruelty and other concerning farming methods under the guise of protecting agribusinesses from economic harm.

The bill also provides for troubling retributions against those who have traditionally revealed acts of cruelty to animals and shown food safety abuses by several farms and businesses.

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Boston Mayor Bans Sports Sedition: Walsh Prohibits Any Negative Talk About the Olympics By City Employees

Marty_Walsh220px-US_Navy_031029-N-6236G-001_A_painting_of_President_John_Adams_(1735-1826),_2nd_president_of_the_United_States,_by_Asher_B._Durand_(1767-1845)-cropThis month I wrote a column for the Washington Post on the crackdown of free speech in France and we have previously discussed the decline of free speech values in the West. (here and here and here). This has included attacks in the United States (here and here and here and here). Now, Boston Mayor Martin J. Walsh has prepared his city for its bid to host the 2024 Summer Olympics by effectively suspending free speech for city employees and banning them from uttering any negative comments about the Games or the process. I suppose Walsh can cite John Adams’ infamous use of the Alien and Sedition Acts as precedent.

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New Jersey Officers Shoot And Kill Unarmed Man Who Disobeyed Commands And Exited Car With Hands In Air

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There is another controversy involving a police shooting. Jermane Reid was shot and killed after the Jaguar in which he was riding was pulled over for running a stop sign by Bridgeton officers Braheme Days and Roger Worley in a Dec. 30 traffic stop. When one officer reported seeing a handgun in the glove compartment, things got tense and ultimately led to the fatal shooting of the unarmed Reid. [Warning: the video and text includes foul language]

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The Price of Free Speech: California Attorney Posts Widely Denounced Advertisement With Sexy Doll

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I have previously written about how some attorneys continue to ignore bar standards encouraging firms to show basic professionalism and decorum in advertising. While we all agree that there is a free speech right to advertise, the vast majority of lawyers show great restraint in deference to the standards of our profession. Then there are people like Michael A. Fiumara. Fiumara of Santa Rosa has posted a juvenile advertisement featuring a sexually suggestive doll in his effort to win the race to the bottom among low-grade lawyers.

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From Hobby Lobby To Holt: Supreme Court Rules Unanimously In Favor Of Religious Rights Of Arkansas Inmate

BEARDS-web-master180Supreme CourtA unanimous Supreme Court ruled Tuesday that a Muslim prison inmate in Arkansas, Gregory H. Holt (also known as Abdul Maalik Muhammad), can grow a short beard for religious reasons. The case is The case is Holt v. Hobbs, 13-6827. It represents a trifecta loss. The federal magistrate (Joe J. Volpe), the district court judge (Brian S. Miller), and the United States Court of Appeals for the Eighth Circuit (Judges Bye, Arnold, and Shepherd) all ruled against Holt only to see a unanimous Supreme Court reject their reasoning. Justices Ginsburg and Sotomayor both wrote concurring opinions.

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Cake Wars: Bakery Under Investigation After Refusing To Make An Anti-Gay Cake

Wedding_cake_with_pillar_supports,_2009We have previously discussed (here and here) the growing conflicts over businesses that decline to accommodate same-sex weddings and events in a clash between anti-discrimination and free speech (and free exercise) values. Despite my support for gay rights and same-sex marriage, I have previously written that anti-discrimination laws are threatening the free exercise of religion. Some of these cases involve bakeries that insist that making wedding cakes for same-sex couples violates their religious principles. Now we have a twist on this trending litigation. The Azucar Bakey has been found to have broken discrimination laws by refusing to make an anti-same-sex cake. The bakery was asked to make a Bible-shaped cake with an anti-gay slur and owner Marjorie Silva refused. The customer brought a complaint to the Colorado Civil Rights Commission and won.

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Not Charlie: Pope Francis Declares That There Must Be “Limits” To Free Speech In Criticizing Religion

120px-Pope_Francis_in_March_2013_(cropped)707192-une-charlie-png.jpgAs many on this blog know, I am a great fan of Pope Francis who has brought an inspiring leadership to the Church that has drawn millions back to the faith. Given that admiration, I was disheartened to read the Pope’s comment on free speech today. I ran a column last weekend on how world leaders are failing over themselves to “Stand With Charlie” after the massacre of editors and staff at Charlie Hebdo magazine. However, the West has been rolling back on free speech rights, including some of these very leaders. Pope Francis added his view this week to those insisting that free speech must have limits when it comes to insulting people about their religion. It is a disappointing observation, particularly when coupled with a rather poor analogy.

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