We have long discussed the serious rollback on free speech in the West as countries like France and England profess support for free speech and the free press while prosecuting or investigating people for anti-religious speech. That conflicted message was evident today after French magazine Charlie Hebdo ran cartoons featuring Mohammad in its coverage over the deadly protests following the release of an anti-Muslim film in the United States. Mohammed Moussaoui, president of the French Council of Muslim Faith, described the cartoons as a “new Islamophobic act” while French Foreign Minister Laurent Fabius (left) warned “[t]here must be freedom of speech, but I am absolutely opposed to any provocation.”
Category: Constitutional Law
We have received a lot of requests for the briefing just filed in the Sister Wives case in Salt Lake City. As lead counsel, I am limited in what I can say about the case publicly. However, here is the final brief on the merits of the case, which is limited to 25 pages of argument under the local rules.
Continue reading “Brown Family Files Final Brief On Summary Judgment”
Various sites are reporting a bizarre and troubling story that the principal of the Beaumont Independent School District’s Taylor Career and Technology Center in Texas shutdown its adult cosmetology class after concluding that one of the male students looked gay. Principal Thomas Amons is being accused of shutting down the whole program because he allegedly knew he could be charged with singling out the one student on the basis of presumed sexual orientation. An instruction. Amons is a deacon at a Baptist church.
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
I have to admit that I do not shock too easily. However, when I read an article this morning in the New York Times, I was taken back by the news. It seems that private debt collection companies across the United States have partnered with District Attorneys offices, to use the threat of criminal charges being filed against consumers in attempts to collect on alleged bounced checks to merchants. The fact that people were being threatened by collection companies did not surprise me. It was the fact that the veiled threats to the consumers were sent on District Attorney or Prosecutor letterhead that amazed me! Continue reading “Privatizing the District Attorney?”
-Submitted by David Drumm (Nal), Guest Blogger
A press statement issued in the name of Secretary of State Hillary Rodham Clinton, condemns the attacks on the mission in Benghazi. Also include in the statement is:
The United States deplores any intentional effort to denigrate the religious beliefs of others.
What is deplorable is that nowhere in the statement is a commitment to free speech that goes back to the very beginning of our nation. Continue reading “Deplorable”
Submitted by: Mike Spindell, guest blogger
Our memories not only serve the purpose of learning to avoid danger from past experience, they serve as the glue that holds our sense of our fleeting lives together into a linear personal narrative. For all of us most memories are specific to our direct life experiences. There are some memories though transcending personal encounters and that directly affect us as well as society as a whole. The murder of John F. Kennedy is one such experience from my life that profoundly affected me and my generation, even though all I knew of the man was third hand at best. Closer in time but equally, if not more indelible is the image of the destruction wrought on the World Trade Center on 9/11/2001. I would guess that almost all Americans who were alive on that day know where they were and what they were doing. This past week we passed the eleventh anniversary of this horror and innumerable solemn observances occurred throughout the nation.
I can remember one phrase that began to be used over and over from that day onward and my rising anger at the implications of that phrase. “This Changes Everything”. I’ve not been able to determine what news-person or pundit first uttered those words, but afterwards the phrase reverberated incessantly. As that fateful day passed, what took shape in the meme those words created, was that the United States had undergone an experience that changed all the rules we had purportedly lived by in dealing with the world around us. In effect it was like saying “No more Mr. Nice Guy”. Whether or not our country ever lived by the ideals it purported to live by is another question entirely. My anger rose at the overuse of this meme because I’ve spent my life wanting my country to live by a higher standard in both national and international relations. I correctly saw this meme as an attempted usurpation of this tragedy towards turning our country away from our national ideals, such as they were. As the years passed since 9/11/2001, we have watched the erosion of these America Ideals. Two murderous wars have been waged. Hundreds of thousands have died, or been maimed. Our “national treasure” depleted, torture has become legalized and with the passage of the “Patriot Act” we have watched the demolition of our personal freedom. With this anniversary, two articles appeared nationally that call into question what was really behind 9/11 and also why there was a possibility of deterring it, which was ignored by the G.W. Bush Administration. I want to discuss both of these articles and then add my own thoughts on their real context. Continue reading ““This Changes Everything””
The Obama Administration has formally asked YouTube “to review” the anti-Muslim film “Innocence of Muslims.” In a perfectly incoherent position, White House press secretary Jay Carney stressed that the White House was not asking for it to be removed . . . only “reviewed.” I have been discussing this controversy on NPR and CNN. The latest White House move appears to be an effort to get YouTube to remove the video without taking responsibility for expressly asking for the removal. For civil libertarians, the announcement leaves an uneasy — and all-too-familiar — feeling with this Administration. The White House has repeated compromised on civil liberties in favor of political advantage in areas like torture, immunity, and surveillance policies.
Continue reading “White House Asks YouTube To Review “Innocence of Muslims” Film”
Below is my column today in USA Today on the closure of the final torture investigation by the Obama Administration. Notably, in light of the rift with civil libertarians and his move to the right on national security matters, Obama is not running on civil liberties in this election or claiming to be champion for such rights. Likewise, liberal newspapers and commentators have criticized the Obama Administration and the Democratic Party for rolling back on strong language in the prior 2008 platform to civil liberties in the Democratic platform. The downgrading of civil liberties by the Democratic Party leaves civil libertarians without even a pretense of a party or candidate championing the cause in this election. In a prior column one year ago, I complained that President Obama had not just killed certain civil liberties but killed the civil liberties movement in the United States. That appears reflected in the tepid response to these issues in the party platform. Of course, while party platforms can be dismissed as meaningless statements, the final closure of the last torture investigations without a single criminal charge promises to have a more lasting impact on the law and our record on civil liberties and human rights. Here is today’s column:
Continue reading “THE IMPROPRIETY OF TORTURE”
Lenoir City High School is teaching its students a chilling message about free speech and journalistic freedom. Earlier in the year, the school barred Krystal Myers, an honor student and editor of the school newspaper, from writing a provocative article on being an atheist at a Christian school entitled “No Rights: The Life of an Atheist”. It is the type of article that can generate some insightful discussion among high schools, but School Director Wayne Miller censored the entire article to protect the school from “disruption.” Now, the school has reportedly transferred journalism teacher Richard Yoakley for the offense of merely supporting atheist and gay students at the school. He quit in response to the pressure.
-Submitted by David Drumm (Nal), Guest Blogger
Royce C. Lamberth, chief judge of the United States District Court for the District of Columbia, issued what has been termed a “scathing” opinion in which he writes that the Obama administration’s superseding of “the Court’s authority is an illegitimate exercise of Executive power.” Lamberth has gained a reputation for his unique writing flair, and this opinion, which includes a line from Shakespeare, is no exception.
-Submitted by David Drumm (Nal), Guest Blogger
Paul Ryan, Republican nominee for Vice President, said he believes that states should have the right to determine if prayer in public schools is allowed. In response to a question from a campaign volunteer, Ryan said that’s “a constitutional issue of the states.” Prayer in public schools is a hot-button issue for religious conservatives. Was Ryan simply pandering to the Republican base or does he truly not support the separation of church and state?
Continue reading “Ryan: Prayer In Public Schools Is A State Issue”
Over objections over academic freedom and free speech, the California State Assembly passed a controversial resolution (HR 35) that calls on universities to crackdown on criticism of Israel. Passed by a voice vote, the resolution includes language that equates criticism of Israeli policies and actions as “anti-Semitism.” While the resolutions original purpose is laudatory and does include clear expression of anti-Semitism, its drafters decided to include criticism of Israel and its human rights record in a measure that at a minimum chills free speech by professor and students alike. Drafted by Republican Linda Halderman, there was no hearing or debate allowed on the resolution. Just a voice vote.
In a major new ruling, US District Court Chief Judge Mark Wolf has ordered that Massachusetts must pay for the sex reassignment surgery of Michelle Kosilek, who was convicted of murdering his wife. The opinion in Kosilek v. Spencer, 2012 U.S. Dist. LEXIS 124758, contains a long and detailed analysis by Judge Mark Wolf of the United States District Court for the District of Massachusetts. It also contains a stinging finding of untruthful testimony by Commissioner of the Massachusetts Department of Corrections Kathleen Dennehy. Michele Kosilek was originally Robert Kosilek (shown here after killing his wife Cheryl Kosilek in 1990).
We have another example of religious intolerance from one of our closest Gulf allies, Bahrain. Christians in that country were hoping to build a large church — something they are prohibited from doing in Saudi Arabia. The Kingdom had agreed to the construction in what was widely viewed as a major advance for religious freedom. That has now led to widespread protests and the statement from a prominent cleric, Sheik Adel Hassan al-Hamad, who proclaimed in a sermon that all further construction on any church should end in the country since “anyone who believes that a church is a true place of worship is someone who has broken in their faith in God.” The protests have led the monarchy of King Hamad bin Isa Al Khalifa to isolate al-Hamad.
Continue reading “Church Construction Ignites Widespread Protests in Bahrain”
On Huffington Post this week, John Cusack has published an interview with me on the record of the Obama Administration. For full disclosure, John and I grew up together in Chicago and our families have been very close since childhood. With John, I was part of the Piven Theater company with Anne and Joan Cusack (also with Aidan Quinn, Jeremy Piven, Bill Macey, and others involved with the company). John and I continue to discuss politics and philosophy – a regular past time over the holidays for decades over kitchen tables in Evanston and Chicago. In this interview, we shared some of our mutual sense of betrayal by President Obama of core civil liberties in the United States. I have previously written (See e.g., here and here and here) about the harm caused to civil liberties by Obama as well as the harm he has caused to the civil liberties movement. This is also a debate that we have had on this blog over the dilemma facing many civil libertarians voting in this election.
Continue reading “My Interview With John Cusack on Civil Liberties and Obama”