Category: Constitutional Law

Academia, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Media, Politics, Religion, Society, Uncategorized

Collateral Damage of the Police

Submitted by: Mike Spindell, guest blogger

This past week Professor Turley had two posts regarding the innocent victim of a police shooting: http://jonathanturley.org/2012/07/17/florida-police-pound-on-wrong-door-looking-for-suspect-without-identifying-themselves-thenves-then-shoot-and-kill-innocent-man-who-answers-the-door-with-weapon/#comments  and http://jonathanturley.org/2012/07/20/report-police-allegedly-increased-suspects-alleged-crime-after-shooting-third-person/#more-51907  These can fairly be called the latest installments of an ongoing series that details deaths and injuries sustained by people who are the victims of policing errors. There were a fair number of comments all lamenting yet another example of careless police work, in tandem with a propensity to shoot first and hope for the best. After awhile the comments petered out because this instance is but one of many that have been publicized by Professor Turley. He tries to focus attention on what seems to be blatant disregard for the rights of individual citizens. After all, what does one say after expressing their outrage at egregious behavior and impotently raging against the expected ensuing cover-ups? Emotionally, I personally feel horror and outrage when something like this happens and I desire justice in the form of stiff punishment for the avoidable errors that took an innocent life. Yet this occurs time and again as outrage simmers and yet another story captures our attention. It seems that nothing is ever really done with the macro-cosmic problem, even when on the individual level, though very occasionally, the people responsible are held to account. When I thought about the issue of police killing the wrong person it occurred to me that this is not something that has recently developed in our country, or indeed the rest of the world. In fact it seems to me that such occurrences represent a norm of human history that stems from how the entire concept of policing first came about. Policing had its origins in protecting wealth, property and the status quo of autocratic authority.  Continue reading “Collateral Damage of the Police” →

Constitutional Law, Religion

Phoenix Pastor Jailed For Holding Home Bible Studies

-Submitted by David Drumm (Nal), Guest Blogger

Michael Salman, a pastor from Phoenix, Arizona, is currently serving 60 days in prison. He was also sentenced to three years probation and was ordered to pay a $12,180 fine. Salman’s crime? hosting weekly Bible studies on his 4.6 acre property. Salman is being represented by John W. Whitehead, president of The Rutherford Institute, who has petitioned the Arizona Supreme Court.

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Constitutional Law, Criminal law, Free Speech, Lawyering, Media, Politics, Society

Human Rights Watch Issues Report On Loss Of Civil Liberties Under Chávez

The Human Rights Watch has issued a damning report on the loss of freedoms and civil liberties under Venezuelan President Hugo Chávez. HRW found a comprehensive rollback of core political and legal rights for journalists, dissidents, and the courts. As I have noted before, I am astonished how many in the liberal community in the United States have been muted in their opposition to Chávez who has modeled his government on that of Castro in Cuba while establishing alliances with some of the worst dictators in the world.
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Bizarre, Constitutional Law, Criminal law, Free Speech, Society

New Jersey Man Sues Over Arrest For Flipping The Bird At Police Officers

Robert Bell is fighting for a quintessential expression of free speech in New York and New Jersey — he was arrested for flipping the bird at police officers. We have seen such cases in other states where officers have arrested citizens for this vulgar but protected form of speech. After Bell was charged with disorderly conduct for making an “obscene gesture” and causing public alarm and annoyance, the charges were dropped. He then sued. As in so many other cases of abusive arrests, there is no record of any discipline taken against the officers who made the groundless arrest. The lack of discipline allows some officers to carry out baseless arrests with the knowledge that the citizen will be punished by the inconvenience of going to jail or to court or both — with the added need of securing an attorney.

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Constitutional Law, Criminal law, Free Speech, Society

Minnesota Appellate Court Rejects First Amendment Claim Of Former Nurse Who Encouraged Suicides

A Minnesota appellate court has rejected the free speech claims of former nurse William Melchert-Dinkel, 48, who encouraged people to commit suicide online. As with other civil libertarians, I have expressed concern over the implications of the case in convicting Melchert-Dinkel for sharing information on suicide and encouraging third parties to end their lives.

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Constitutional Law, Criminal law, Free Speech

Fortune-Telling Is Constitutionally Protected Speech

-Submitted by David Drumm (Nal), Guest Blogger

United States District Judge for the Western District of Louisiana, Dee Dodson Drell, has upheld the district court finding that an Alexandria, Louisiana, ordinance banning fortune-tellers is unconstitutional. Drell said that banning fortune-telling is a violation of the First Amendment’s right to free speech.

The city of Alexandria argued the business of fortune-telling is a fraud and inherently deceptive.

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Congress, Constitutional Law, Courts, Politics, Society, Supreme Court

Poll: Supreme Court’s Standing Falls Further After Health Care Decision

During the recent coverage on the health care decision, I had repeated occasion to disagree with co-commentators who heralded the Roberts decision as a triumph for the Court in regaining credibility and getting beyond ideological divisions. That seems curious to me since the vote was still 5-4 and was fractured into multiple opinions. The Roberts opinion in my view was also fundamentally in conflict with itself and re-wrote the federal law in a new image. It appears that the opinion did not alter the opinion of the public, either. If anything the public’s view of the Court has worsened after the decision.

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Bizarre, Constitutional Law, Criminal law, Free Speech, International, Media, Politics, Society

Russia Moves To Restrict Internet Sites — Putin Crackdown Supported By InfoWatch CEO

While declaring the demise of the West, Russian President Vladimir Putin is close to enacting sweeping new powers to regulate the Web and block sites of his government’s choosing.  He has received support from Natalya Kaspersky, chief executive of InfoWatch, who said that the Web could use some government control and that civil libertarians are exaggerating concerns about Putin’s control of speech on the Internet. For those people signing up with InfoWatch, it may come as a bit of a surprise that the company is aligned with a man who is rolling back on basic civil liberties for millions and working to limit speech on the Internet — a threat to his authoritarian agenda. Kaspersky actually heralds the possible benefits of a Russian blacklist controlled by Putin.

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Congress, Constitutional Law, Courts, Free Speech, Justice, Media, Politics

Et Tu Pennslyvania?

Respectfully submitted by Lawrence Rafferty (rafflaw)- Guest Blogger

I guess I should not be surprised when I read of certain states trying to “cleanse” the voting rolls under the guise of voter fraud.  However, I was saddened to read that the State of Pennsylvania was joining the growing list of so-called Red and some not so Red states that are taking steps to disenfranchise voters prior to the November National elections.  The State of Pennsylvania is poised to possibly disenfranchise almost 10 percent of its voting population.  “Pennsylvania’s new voter ID law, which will take effect for the first time this November, may prevent 758,939 otherwise eligible voters, who do not currently have an acceptable ID, from voting.” Think Progress Continue reading “Et Tu Pennslyvania?” →

Constitutional Law, Politics, Religion

Muslim Schools Entitled To Jindal’s Vouchers

-Submitted by David Drumm (Nal), Guest Blogger

Louisiana state Representative Valarie Hodges, R-Watson, was an enthusiastic support of Governor Bobby Jindal’s school voucher program, until a Muslim school applied for a share of the spoils. Hodges reportedly said: “I actually support funding for teaching the fundamentals of America’s Founding Fathers’ religion, which is Christianity, in public schools or private schools.”

Hodges’ sense of Christian privilege has led her to wishfully imagine that the founding fathers share her religious sentiments.

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Bizarre, Constitutional Law, Religion

Rep. André Carson Calls For U.S. Schools To Be Modeled On Madrassas

For years, politicians around the country have striven to allow families to leave public schools and attend religious (largely Christian) schools through voucher programs.  However, many people are alarmed by the call of  Rep. André Carson (D-Indiana), a Muslim member of Congress, that our schools should be modeled on Islamic schools or Madrassas.  As a staunch supporter of public schools and an educator, I strongly oppose the intermingling of religion with our public schools.  I also do not find Madrassas to be a particularly compelling model for education in the United States.

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Congress, Constitutional Law, Courts, Politics, Society, Supreme Court

Obama Campaign Spokesman: It’s a Penalty, Not A Tax

Some of us were highly critical of the Roberts decision on health care — finding that the federal government could impose the individual mandate as a tax even if it could not be justified under the Commerce Clause. This followed the Court rejecting the tax status for the purposes of the Anti-Injunction Act and the fact that the Obama Administration — including the President — long denying that it was a tax. The Administration changed its position in court and argued that it was a tax, if the Commerce Clause did not sustain the mandate. That has produced a political backlash after the Court recognized it as a tax all along. However, now Obama campaign spokesman Ben LaBolt said that President Obama denies it is a tax and even denying that the Administration ever said it was.

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Congress, Constitutional Law, Courts, Free Speech, Media, Politics, Society, Supreme Court

Chief Justice John Roberts Opposes Court Expansion Proposal: A Response

Despite our recent appearance as co-commentators last week, Chief Justice John Roberts has spoken against my proposal to expand the Supreme Court to 19 members. According to the Washington Post, Roberts said that he opposed the proposal and added “Well, I suppose it depends on who gets to pick them.” For prior columns on my proposal, click here, here and here and here. (See also Unpacking the Court: The Case for the Expansion of the United States Supreme Court in the Twenty-First Century.” 33 Perspectives on Political Science, no. 3, p. 155 (June 22, 2004)).

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Constitutional Law, Courts, Supreme Court

Et Tu, Roberts II: Chief Justice Reportedly Switched Sides After Originally Voting To Strike Down The Health Care Law

When many of us were covering the decision from the Supreme Court, one thing that was immediately noted was the the decision of Associate Justice Anton Scalia read like a majority opinion. The opinion not only referred to “the dissent” as if it were the majority opinion (though sometimes justices even in dissent can refer to other dissents). Reports are now indicating that Chief Justice John Roberts initially sided with the Supreme Court’s four conservative justices to strike down the Affordable Care Act. The report is a serious breach in the normally secretive court in its internal deliberations and contains considerable detail showing a hard effort by the Court’s swing justice Anthony Kennedy to convince Kennedy to return to the fold. The report is likely to increase the feeling of betrayal by those who felt that opinion harmed federalism by reaffirming the taxing power as an easy avenue to circumvent state rights. That was the subject of my column the day after the ruling.

Continue reading “Et Tu, Roberts II: Chief Justice Reportedly Switched Sides After Originally Voting To Strike Down The Health Care Law” →