One hour ago, our blog passed the 14,000,000 viewer. The fact that we only recently passed the 13,000,000 viewer mark reflects the impressive growth of this blog. Congratulations everyone. Now if we could only get .000001 of those viewers to vote for us on the ABA blog competition we could crush the competition! If you (are any distant relative, incompetent ward, or pet) has not voted, you can vote here and cast your vote today!
Category: Constitutional Law
U.S. District Court Judge William Shubb has issued a temporary injunction to block enforcement of California’s ban on licensed psychotherapists treating gay minors to change their sexual orientation. Such conversion or reparative therapy was declared scientifically unsupported and potentially harmful. When enacted, some of us raised concerns under the first amendment. Shubb found those concerns to be critical in imposing the injunction.
Continue reading “Federal Judge Enjoins California’s Conversion Therapy Ban”
The Obama Administration has announced that it will seek the expansion of the Defense Intelligence Agency (DIA) to include a wider range of espionage operations. The move which has attracted little attention would create a large spy network in the Pentagon as the same time that the CIA is moving to build more of an independent air force and military operational capacity.
Submitted by Elaine Magliaro, Guest Blogger
In August, I wrote a post about Louisiana’s new school voucher program (Stateside Louisiana: School Vouchers and the Privatization of Public Education) that would use tax dollars earmarked for public education to pay for students’ tuitions to private and religious schools. Last week, State District Judge Tim Kelley “declared the diversion of funds from the Minimum Foundation Program (MFP) — the formula under which per pupil public education funds are calculated — to private entities was unconstitutional.” The voucher program is funded by a block-grant program that “Judge Kelley ruled is restricted by the constitution to funding only public schools.”
“Nowhere was it mandated that funds from [the block-grant program]…be provided for an alternative education beyond what the Louisiana education system was set up for,” he [Judge Kelley] wrote. The state can legally fund vouchers, but the funding “must come from some other portion of the general budget,” Judge Kelley said.
The judge, however, did not issue an immediate injunction to stop the voucher program. “The 5,000 students currently receiving vouchers will be able to continue attending their private schools pending an appeal, state officials said.”
Continue reading “Louisiana School Voucher Program Ruled Unconstitutional in State Court”
Below is my column today in the Sunday Chicago Tribune on the recent denial of review by the Supreme Court in the Illinois eavesdropping case that we discussed earlier.
Submitted by: Mike Spindell, guest blogger
One of the sad lessons one learns, if they live long enough, is that permanency is an illusion. There was a time when most Conservatives in the United States actually cared about the country and its’ people. It’s not that I’m wistful for some bygone era that exists only in my mind, because I’m well aware that the 40’s, 50’s and 60’s were tumultuous times for many including myself. Nor do I have any great love for Dwight Eisenhower and/or Barry Goldwater who I did not vote for in 1964. Yet with all their conservative beliefs, these were men who actually understood something about the needs of people and the motives of some who would call themselves religious leaders. Many of us who have lived long lives remember when the public political discussion in this country contained actual, factual debate, containing depth of ideas, rather than the invective we hear today. The Republicans of the Eisenhower era understood that there was a social contract that existed in this country to ensure that there was a healthy, financially flourishing Middle Class, which is the engine that drives a prosperous modern society. Also Barry Goldwater, who was known as “Mr. Conservative” understood the danger that the Religious hucksters had for his party and the necessity of politicians to compromise. He would ridicule those prominent politicians in his party who would reject the ideas of evolution and blind themselves to science. He also really did believe that government had no business prying into essentially private matters. I disagreed with him on most things, but I at least could respect him, which I can’t do for many prominent politicians of today.
What happened? You know I’ve written about my theories in many of my guest blogs, what are yours?
As protests continue over the power grab of President Mohammed Morsi, Islamists pushed through a draft constitution without the involvement of Christian or liberal members to give Muslim clerics oversight over legislation and add restrictions to free speech, women’s rights, and other civil liberties.
There is a rather unexpected debate occurring in Germany where the government is moving to re-criminalize bestiality. Since 1969, bestiality has been legal in Germany, but it would now be punishable with a fine up to 25,000 euros ($31,000).
Continue reading “Germany Moves To Re-Criminalize Bestiality”
There is an interesting argument raised in a motion for a new trial for convicted murderer, Christopher Vaughn (left). Vaughn was convicted this summer in less than an hour in the killing of his family. Vaughn however is talking about the murder trial of another defendant, Drew Peterson (right). He is arguing that the conduct of the Peterson attorneys was so public and obnoxious that it tainted his own case before the jury.
Cook County State’s Attorney Anita Alvarez failed in her latest effort to strip citizens of a basic right to film police in public — and thereby eliminate the single most effective tool against police abuse in this century. The Supreme Court refused her appeal of the ruling of the United States Court of Appeals for the Seventh Circuit, which expressly criticized Alvarez for her “extreme” position on the rights of citizens. As a native Chicagoan, I remain astonished that citizens have allowed Alvarez to remain in office as she has publicly sought to strip them of their rights and block a tool that has been used repeatedly to show police abuse. For a leading and generally liberal jurisdiction, Chicago has the ignominy and dishonor of leading the effort to fight core civil liberties in this area.
The ABA Journal has released its list of the top 100 legal blogs in the world and we are once again in this august group of blogs. Congratulations to all of our regulars contributors and weekend bloggers. We have previously taken the top spot under the opinion category in the past but the ABA has now eliminated that category. Even more ominous was the decision to put the largest blogs in direct competition under an expanded “News/Analysis” category. This includes the long dominant “Above the Law” site. We would have to punch considerably above our weight to beat “Above the Law,” which is ranking regularly in the top two most visited legal sites in the world. Frankly, it is like a dingy going up against a battleship. However, we have never flinched in the face of superior numbers. So it is time to vote! It takes a very quick registration. Just click here and cast your vote today!
Continue reading “TURLEY BLOG MAKES ABA TOP 100 — NOW IT IS TIME TO VOTE FOR THE TOP BLOG!”
We have been discussing the continued effort of prosecutors and police to jail citizens who photograph or videotape police in public. For a prior column, click here. Now, in California, another such arrest has been videotaped in California as Daniel J. Saulmon was charged with resisting, delaying and obstructing an officer when the video shows him standing at a distance and not interfering in any way with the arrest.
Continue reading “California Man Arrested For Filming Police In Public”
We have previously discussed the war on atheists and agnostics that seems to be accelerating with the rise of people claiming to have no religious affiliation or belief in God in the United States, according to recent polls. There is a steady stream of statements from the national and international campaign by leaders against atheists, who appear to be fair game for hateful, ill-informed rhetoric. While you may have seen this already, Pat Robertson pushed this trend to a new low: telling his many viewers that atheists want to everyone to be miserable because they are miserable. They therefore what “to steal your holiday [Christmas] away from you.”
Continue reading “Robertson: Atheists Want People To Be Miserable And To Steal “Your Holiday””
I recently wrote an article how defamation and other laws were being used in the West to curtail free speech. We have another such example out of Italy. I have previously criticized the defamation laws in Italy which include prosecutions of criminal defendants and their families for criticizing police or prosecutors. Now, Italian journalists are on strike after politicians pushed forward a new law that would mandate jail for those who defame people in their stories — most obviously, the politicians themselves.
Continue reading “Italian Journalists Strike In Face Of New Law Mandating Jail For Defamation”
Happy Thanksgiving to everyone. This is my favorite holiday with all of the essential elements of joy: food, friends, and football. Continue reading “HAPPY THANKSGIVING!”