There is an interesting free exercise case developing in Fairfax County, Virginia (where I live). The Church of the Good Shepherd has been informed that it may have to remove its sign after violating country rules that prohibit electronic signs from being changed more than twice a day unless they are giving weather reports. An inspector informed the church that it had posted three different messages in one day and thus stood in violation of the law. The church is objecting on religious freedom grounds — citing the Religious Land Use and Institutionalized Persons Act. Matthew 12:39 warns that “an evil and adulterous generation craves for a sign” and it appears that Fairfax County has found one.
Category: Constitutional Law
A Florida appeals court has ruled that George Zimmerman is entitled to a new judge. In a 2-1 decision (below), the Fifth District Court of Appeal ruled Judge Kenneth Lester has to go. Zimmerman accused Lester of “gratuitous, disparaging remarks” he made as part of his bail bond proceedings. Lester accused Zimmerman of “flout[ing] the system” when he failed to report outside donations. That would normally not result in a forced recusal but Florida is one of the states that makes disqualification mandatory when the motion is “legally sufficient.”
There is a bizarre lawsuit this week against Continental Airlines by a gay couple who say that the airline caused them emotional distress after baggage workers removed a dildo and taped it to the outside of their suitcase. Christopher Bridgemann and Martin Borger say that the sex toy was openly displayed to other passengers when they picked up their luggage.
The United States Court of Appeals for the District of Columbia has struck down the graphic warning images on cigarette packages in an important opinion on corporate speech rights. I have been a long critic of the images on both constitutional and policy grounds. Previously the Sixth Circuit rejected the same free speech claims.
Continue reading “Graphic Cigarette Labels Struck Down By D.C. Circuit”
Submitted by: Mike Spindell, guest blogger
The issues discussed on this blog are wide-ranging even though at base we are all about upholding the Constitution and ensuring civil liberties. The disputed election of a President began this millennium in controversy, underlined by a horrific terrorist attack and the prosecution of two unnecessary wars. These wars have lasted longer than any other American war save for the Viet Nam debacle. They have resulted in the death of hundreds of thousands of civilians, more than eight thousand of our troops, tens of thousands of soldiers with crippling injuries and unprecedented suicide rates among both active and inactive members of our armed forces. Trillions of dollars have been wasted on these adventures in the imperialistic pursuit of empire and no end is in sight, although our complicit corporate media has ceased to find interest in coverage of the continuing devastation.
As we know the linchpin for these phony wars was the attack on 9/11 by a team of Saudi Arabians purportedly working for Osama Bin Laden and Al Qaeda. However, the blueprint for this endless quest for America Hegemony was made public in 1997 with the publishing of the manifesto for the Project for the New American Century (PNAC). http://en.wikipedia.org/wiki/Project_for_the_New_American_Century . This conceptualization laid out plans for a putative American Empire and its’ signatories prominently included those who would become part of the administration of George W. Bush. A list of those signatories will continue after the page break, with the most prominent in bold links. Continue reading “Lest We Forget”
They may be Supreme but they are also apparently Supremely forgettable. Two-thirds of Americans polled cannot name a single sitting Supreme Court justice. Of the relatively few who can remember a name it is that of the Chief Justice John Roberts. The least well known is Justice Stephen Breyer. Only one percent could remember them all.
Continue reading “Breyer Who? Two Thirds of Americans Cannot Name A Single Sitting Justice”
A German court has ruled that the far-right group Pro Deutschland may display cartoon caricatures of the Prophet Mohammed during planned demonstrations outside mosques this weekend. The act is viewed as an effort to provoke Muslims. Past publications of the cartoons led to riots and the killings of Christians around the world.
Just an hour ago, Judge Clark Waddoups handed down an opinion denying the second motion to dismiss filed by the government. Despite predictions that the motion would succeed, Judge Waddoups has now set the case for final arguments on the merits and rejected the claims of the government that the case is now moot after it announced that it would not prosecute the Brown family.
The head of the Russian Orthodox Church has called Vladimir Putin and his return to power “a miracle of God.” Orthodox priests try to kiss Putin’s hand like a demigod when he visits religious sites. Well that “miracle” continued today as prosecutors secured a conviction of three members of the provocative punk band Pussy Riot guilty of hooliganism for a forty second protest in a Russian church protesting the alliance of Putin and the Church. Nadezhda Tolokonnikova, 23; Maria Alekhina, 24; and Yekaterina Samutsevich, 29, faced a maximum seven years in prison and Putin government sought three years in jail. They got two years. That is one years for every twenty seconds of protest in Putin’s New Russia.
Pennsylvania Commonwealth Court Judge Robert Simpson issued an important ruling on Wednesday that rejected a motion for a preliminary injunction of the Pennsylvania Voter ID law. Since these motions are based on a determination of the likelihood of prevailing on the merits, the decision has a significant impact not only for the case but cases around the country. Even if one disagrees with Simpson’s decision, the 70-page opinion below is well-reasoned and will be, in my view, difficult to reverse in the appeal to the state supreme court (which is divided evenly between Republican and Democratic jurists). With one Republican justice, Joan Orie Melvin, fighting criminal corruption charges, the Court is divided three to three along party lines. However, there is no reason to assume that these jurists will all vote in line with their political affiliations as opposed to their view of the law. A tie on the Supreme Court would result in a decision upholding the decision. I will be discussing the case this morning on CNN.
Continue reading “Pennsylvania Judge Denies Injunction Of State ID Law”
There is a troubling free speech case in Virginia where a sheriff’s deputy, Daniel Ray Carter Jr., and five other employees were fired for “liking” his boss’ opponent on Facebook. We have been following the growing trend of public employees from teachers to police officers and others being fired for communications or associations in their private lives. In this case, U.S. District Judge Raymond A. Jackson rejected the claim that friending someone is an act of free speech — a view that would by extension move a wide range of speech outside the protection of the first amendment. The decision is found in Bland v. Johnson, 2012 U.S. Dist. LEXIS 57530 (E.D. Va. 2012).
Continue reading “Court Rules Facebook “Friending” Not Protected Speech Under First Amendment”
We have been following anti-blasphemy laws around the world, including the increase in prosecutions in the West and the support of the Obama Administration for the prosecution of some anti-religious speech under the controversial Brandenburg standard. Now, journalist named Sofiene Chourabi has been arrested for simply criticizing a proposed new blasphemy law in Tunisia, which he rightfully condemned as a threat to free speech. We previously discussed the case. Chourabi was a leading voice in opposition to the prior ruler — part of the country’s “Arab Spring” movement. However, that government has been replaced, like so many other such countries, with an Islamic government that proceeded to crackdown on free speech and religious freedom.
Continue reading “Critic of Proposed Anti-Blasphemy Law In Tunisia Arrested”
Tang Hui (a pseudonym) is a mother who attracted international support after she was arrested by Chinese authorities for protesting the lack of action after her 11-year-old daughter was kidnapped, raped and forced into prostitution in 2006. Her story is horrific but not unique. The mother reported the kidnapping to police who did nothing even after she discovered her daughter at a strip club. She took her home and continued to protest the failure to punish her rapists who were still walking the streets. The authorities cracked down in response: the mother was convicted and sent to a prison camp.
Civil libertarians have been concerned for years with the move toward greater use of the military in domestic operations by both President George W. Bush and now by President Barack Obama. The military continues to shift resources for prepare for large-scale domestic operations. Most recently, the Marines moved to create a battalion to allow the military to “be capable of helping control civil disturbances, handling detainees, carrying out forensic work, and using biometrics to identify suspects.” Now the Small Wars Journal, a respected publication closely followed in the U.S. military, has published an article entitled “Full Spectrum Operations in the Homeland: A ‘Vision’ of the Future” by retired Army Col. Kevin Benson of the Army’s University of Foreign Military and Cultural Studies at Fort Leavenworth, Kan., and Jennifer Weber, a Civil War expert at the University of Kansas. It lays out not just the military but the legal basis for military operations to crush domestic insurrections in the United States.
Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger
If you ever wondered why the Justice Department is investigating the office of Maricopa, Arizona Sheriff Joe Arpaio, this latest story may be all you need to read. Recently, the Maricopa Sheriff’s office arrested and detained Briseira Torres and alleged that she was an illegal alien. Why is this one arrest such an important story? The short answer is that Sheriff Joe’s office and possibly the Prosecuting attorney ignored the most credible exculpatory evidence that was already in their possession. Briseira’s long form Birth Certificate, attested to by the State of Arizona as accurate, was left out of the record provided to the Grand Jury! Continue reading “Sheriff Joe’s Office Lies Again”