Category: Constitutional Law

Turley and Greenhouse Discuss Supreme Court

175px-Linda_Greenhouse,_2005The ABA Journal has posted a podcast that I did with former New York Times journalist Linda Greenhouse on the Supreme Court. Greenhouse is currently the Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist-in-Residence at Yale Law School.

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British Agency Bans Urban Outfitters Picture Over “Inner Thigh Gap”

imrs.php250px-UrbanOutfittersThe United Kingdom’s Advertising Standards Authority (ASA) has ordered Urban Outfitters to remove a picture of a model as showing an impermissible “inner thigh gap” that encourages what is viewed as an “unhealthy” diet for girls. It is the latest example, in my opinion, of a wholesale regulation of speech — both political and commercial — in England.

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Police Union Asks Congress To Add Attacks On Police To Growing List Of Hate Crimes

250px-FratPoliceUS-DeptOfJustice-Seal_svgThe National Fraternal Order of Police has launched a campaign to change federal law to add attacks on police as a hate crime. In a letter to President Barack Obama and Congress, the powerful union cites the murders of two New York City police officers, Rafael Ramos and Wenjian Liu. The demand would treat an attack based on status as the same as an attack based on race. Given the Administration’s expedited investigations of civil rights violations involving deaths caused by police officers in Missouri and New York, the change would create an interesting situation where both future suspects and officers would be arguably protections under federal hate crime laws.

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Erdoğan Announces Turkey Has Greatest Level Of Press Freedom In World As Police Arrest Dutch Journalist For “Terrorism”

220px-Recep_Tayyip_ErdoganLike most of the world, we have watched the rapid decline of civil liberties in Turkey after the election of President Recep Tayyip Erdoğan and his coalition of Islamic parties. Just last month, we discussed the arrest of Mehmet Emin Altunses, 16, who allegedly committed the crime of “insulting” Erdoğan. calling people who use birth control “traitors” and saying Muslims discovered America, you are not allowed to be disrespectful or insulting in discussing Erdoğan. The situation is even more dire for journalists who have found themselves threatened or arrested for reporting on Erdogan or his cronies. Now, Turkish police have arrested Dutch reporter Frederike Geerdink on terrorism charges. Erdoğan responded with one of his signature delusional statements, saying that this is just one more “false” report from Western media since it is about terrorism not journalism. It is his statement about the record of Turkey on press freedoms that truly takes Erdoğan’s menacing comments into the realm of madness.

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Tunisian Military Court Sentences Blogger To Three Years In Jail For Defaming Army Officers

B5ugWIBCQAA1JG3The attack on free speech continues unabated around the world. The latest violation occurred in Tunis where a military court has handed down an absurd three year jail sentence to a blogger, blogger Yassine Ayari, for “insulting” Army officers. That is what free speech means in Tunisia. You can be criminally sentenced for “undermining” the Army through criticism.

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NSA Abuses Never End

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

The instances of reported abuse of our country’s laws by our Intelligence services seems never-ending.  The National Security Agency, or NSA is at the top of the list when it comes to violations of our laws and even its own rules and procedures that are allegedly designed to protect our privacy.

Pursuant to a court order in a case brought by the ACLU, the NSA is required to provide a list of its abuses on a quarterly basis.  Of course, the NSA redacts most of what it puts in its own disclosures. Continue reading “NSA Abuses Never End”

Make that 101: Chinese Filmmaker Does Documentary On China’s 100-Year Struggle For Constitutional Rule . . . China Sentences Him To One Year In Jail

130px-Mao_Zedong_portraitThe Chinese government again proved that little has changed in the People’s Republic in the denial of basic civil liberties and human rights. Filmmaker Shen Yongping has become the latest and more poignant example of the totalitarian regime’s continued crackdown on free speech. Shen produced a documentary on the 100-year struggle of the Chinese for constitutional government. Chinese officials responded by arresting him and now sentencing him to a year in jail. It appears that a sequel is in the making.

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Delta Flight Delayed After Ultra Orthodox Jews Refuse To Take Off Until Women Are Removed From Their Rows

220px-2010-07-15_B767_Delta_N1611B_EDDF_04A Delta Airlines flight from New York’s JFK Airport to Israel was delayed by half an hour after a group of ultra-Orthodox Jewish men refused to sit next to female passengers. We discussed the same type of disruption on a flight in September by ultra-Orthodox travelers refusing to sit down until people moved around to accommodate their extreme religious views. What is astonishing is that the disruptive travelers faced no reported repercussions for delaying a flight or refusing to comply with the instruction of flight attendants.

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Egyptian Court Permanently Bans Jewish Celebration For “Moral Offenses”

ShowImage.ashxAn Egyptian court has permanently banned the three-day festival celebrating the birth of Rabbi Jacob Abu Hasira in Egypt’s Nile Delta region of Buheira. The judge cited unspecified “moral offenses” as the reason for the ban. It is the latest example of Egypt’s devolution from a secular to a sectarian legal system. While the Muslim Brotherhood and President Mohammed Morsi were ousted in 2013 after pushing the country toward an Islamic, sharia-based system, the country still has seen the steady erosion of secular values and the separation of religion and state.

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Town Orders Ohio Man To Take Down Zombie Nativity

Creator-of-zombie-nativity-scene-threatened-with-$1000-fine-if-he-does-not-remove-display-from-Cincinnati-suburbThere is an interesting twist on the usual nativity litigation that comes with the season (for a prior column, click here and here). In Ohio, Jasen Dixon has been told to take down his Nativity scene. Dixon, who manages a nearby haunted house, took a unique approach to the standard Christmas display: it shows the holy family as zombies.

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Indiana Police Officer Asked To Stop Selling “Divisive” T-Shirts Saying “Breathe Easy, Don’t Break The Law.”

Screen Shot 2014-12-22 at 8.52.11 AMMishawaka Police officer Jason Barthel has been told to stop selling T-Shirt in his spare time. There is nothing illegal about the Indiana officer selling shirts, but these t-shirts say “Breathe easy, don’t break the law.” They are in direct response to t-shirts being worn in protest over the decision of a New York grand jury not to indict officers in the death of Eric Garner who died in Staten Island from a chokehold while saying that he could not breathe. “I Can’t Breathe” has become a rallying cry for those protesting police abuse of minorities. However, Barthel wants to sell a counter message that supports police. While there has been vandalism of stores selling the t-shirts, they reportedly remain high selling items.

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Police In Philadelphia and New York In Uproar Over Anti-Police Postings and Shootings

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A Philadelphia Fire Department paramedic is under fire for posting this picture with the caption: “Our real enemy.” The caption also said “Need 2 stop pointing guns at each other & at the ones that’s legally killing innocents.” Marcell Salters has also published highly antagonistic language toward police officers. He has since apologized but some have called for his punishment or termination. In the meantime, New York Mayor Bill de Blasio is under attack after Ismaaiyl Brinsley effectively executed two police officers over his anger with the recent decisions by grand juries in Missouri and New York. police have been protesting what they view as de Blasio’s unfair portrayals of police after the decision, including turning their backs on the mayor when he came to give a press conference on the murders.

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Turkey Imposes Heavy Fine On Television Show . . . For Showing Married Men Dancing With Other Women

still-of-fred-astaire-and-ginger-rogers-in-top-hat-(1935)-1220px-Erdogan_croppedTurkey was long viewed as a symbol of secularism in the Islamic world — an alternative to the rigid Islamic governments imposing medieval Sharia laws to their populations. Then came the election of President Recep Tayyip Erdogan, who has steadily broken down secular tradition and introduced more and more Islamic influences in government. (You may recall Erdogan recently declaring that Muslims discovered America and that there was proof of a Mosque in Cuba when Columbus arrived) The fines imposed this week by the Radio and Television Supreme Council (RTUK) have reaffirmed those concerns. RTUK officials imposed as fine of 410,000 Turkish lira ($177,000, 145,000 euros) against The game show, “I Don’t Know, My Spouse Knows.” The episode in question showed wives pictures of their husbands dancing with foreign women. That was deemed “contrary to public morality and the Turkish family structure.”

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Court Of Appeals Denies First Amendment Right Exists For Condom Use In California Pornography Industry

By Darren Smith, Weekend Contributor

200px-US-CourtOfAppeals-9thCircuit-Seal.svgWe previously discussed HERE the concern that condom requirements imposed upon the adult film industry would have a chilling effect on the First Amendment but a court challenge to the public health compelling interest of the state likely would prevail. A circuit court of appeals addressed such matters recently.

The U.S. Ninth Circuit Court of Appeals affirmed the ruling of the District Court denying an injunction against Los Angeles County regarding the Los Angeles Safer Sex in the Adult Film Industry Act, including the enforcement of mandatory condom use in certain situations. The lower court ruled that the requirement of condom use constituted a de minimis effect on expression and was “narrowly tailored to achieve the substantial government interest of reducing the rate of sexually transmitted infections, and left open adequate alternative means of expression.

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Just How Much of Big Bank Fines Are Actually Paid and Who Profits?

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

It should not surprise any of the regular visitors to this blog that I have written many articles detailing the abuses of many of the Big Banks and the resulting fines that they have paid on multiple occasions.  When a taxpayer reads about Billion dollar settlements being paid by Banks and financial companies as a result of a Justice Department investigation, they probably assume that the entire amount of the fine is being paid.

Those very same taxpayers may be surprised to learn that in many cases, the Banks are able to deduct from their taxes up to 75% of the fines and settlements made with the Justice Department. Continue reading “Just How Much of Big Bank Fines Are Actually Paid and Who Profits?”