Category: Constitutional Law

Lowe Blow: Retailer Bows To Anti-Muslim Campaign And Withdraws Advertising From TLC’s “All-American Muslim”

In a rather shocking appeasement of anti-Muslim activists, Lowe’s home improvement store withdrew advertising from the reality show, “All-American Muslim,” a show featuring various Muslim families in the United States. The show is being targeted by the Florida Family Association as “dangerous” and Lowe’s Chief Executive Officer Robert A. Niblock decided to yield to such prejudices in pulling out of the advertising on the show.
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Georgia Bill Will Put “In God We Trust” On All License Plates

-Submitted by David Drumm (Nal), Guest Blogger

If Republican Sen. Bill Heath’s bill, Senate Bill 293, is enacted the phrase “In God We Trust” will be printed in the area where the county name used to go. While many states sell, at an extra cost, specialty plate with the phrase, the Georgia plate will be the default plate.

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Yeshiva University Strips Newspaper Of Funding For Standing Up For Journalistic Principle and Refusing To Retract Article

Yeshiva University has taken a step that appears to affirm that it is religious first and a university second. The school’s study body stripped an online student newspaper of funding over a column that discussed a sexual encounter between two students. The attack on free speech and free press occurred after the students rightfully refused to censure their own newspaper and writer. It is a shameful act by Yeshiva that puts the university squarely in the category of intolerant, orthodox institutions — a blow to many faculty and students who have struggled to make Yeshiva something more than a school teaching Jewish values.
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Lese Majesty Means Less Speech: Thai Court Sentences U.S. Citizen To Over Two Years In Jail For Defaming Royal Family

We have previously discussed the assault on free speech around the world, including in the West. The Thai courts have added to this ignoble trend by sentencing American Joe Gordon, 55, to two and half years for “defaming” the Thai Royal Family. Defamation law is quite different in other countries, including close allies like Italy, France, and England, and often used to punish critics of the government. Gordon was convicted for simply posting a link to an unapproved biography of the King. It is an example of the outdated use of lese majesty offenses — offense against the dignity of a sovereign.

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Is This Person A Journalist? Federal Judge Issues Sweeping Ruling Against Investigative Blogger And Upholds $2.5 Million Award

There is an interesting defamation ruling out of Oregon where U.S. District Judge Marco Hernández has ruled that blogger is not a journalist for the purposes of defamation rules in a dispute with a lawyer. Crystal L. Cox is a blogger from Eureka, Montana and accused Oregon lawyer Kevin Padrick with criminal and unethical conduct in a bankruptcy case. She relied on a statute offering higher standards to protect journalists from defamation actions and Hernandez rejected the claims. It is the latest in an ongoing debate of how to define a journalist for purposes of constitutional and tort law. Cox now stands subject to a $2.5 million award in favor of Padrick and Obsidian. Cox runs a site entitled Obsidian Finance Sucks (as well as other sites) and insists that she is an investigative blogger/reporter.

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Saudi Court Orders Australian To Be Flogged 500 Times For Insulting Mohammad — and Sent To Jail For One Year

We have yet another blasphemy case. A Saudi Arabian court has sentenced Australian national Mansor Almaribe to 500 lashes and a year in jail for insulting Muhammad during prayers in a pilgrimage to Mecca.
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Fox: Constitution Demands Kagan Recuse Herself

According to Fox News, the Constitution is a bit vague on privacy but not conflicts rules governing Associate Justice Elena Kagan. The language actually comes from Section 455 of Title 28 of the U.S. Code. Notably, there does not appear to be anything in the Constitution relevant to the recusal of Clarence Thomas.
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Chechnya Loves Putin: Russian Government Announces 99.5 Percent of Chechens Voted For Putin

It appears that Prime Minister Vladimir Putin has found the secret to winning the hearts and minds of voters: invade their territory and install a corrupt pocket government. In the midst of widespread allegations of voting fraud by Putin’s United Russia and massive protests against the authoritarian Putin, the government has announced that United Russia secured a whopping 99.48 percent of the vote with 99.51 percent of the citizens voting. Of course, the chances of Putin discovering votes in Chechnya is about as likely as finding two ancient artifacts lying in the open on the ocean floor in his first scuba diva.
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Is The Movie “Breaking Dawn” Harmful To Your Health? Foundation Issues Seizure Warning To Potential Moviegoers

There is an interesting potential tort lawsuit in the making in the movie “Breaking Dawn.” The Maryland-based Epilepsy Foundation issued a warning on Facebook to roughly 11,000 followers that the movie may cause seizures and should be avoided for those prone to certain types of seizures.
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Nigerian Legislators Pass New Law Imposing 14-Year Sentences For Homosexuality

The Senate of Nigeria, Africa’s most populous country, has passed a new law that will impose 14-year sentences on citizens found to be homosexuals. In addition, anyone who aids or “abets” same-sex unions will face 10 years in prison. The latter provision seems directed at human rights groups that work to help gays and lesbians who often face violence and discrimination in the country.
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What Price Would You Pay For Your First Amendment Rights?

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

I have watched the Occupy Wall Street marches and protests and the recent protests in Wisconsin and Ohio with great interest.  In my opinion, these protestors are on the front line in the battle to protect our First Amendment rights.  As we have seen, some of them have paid a heavy price when they have been beaten and gassed and eventually arrested.  Some States and cities are now attempting to raise the cost of defending your First Amendment rights by charging protestors for the cost of police “protection” and the use of city services!  In Wisconsin, the embattled Governor, Scott Walker, has issued new rules that may actually take this trend of restricting our First Amendment rights to a new low.  Continue reading “What Price Would You Pay For Your First Amendment Rights?”

Refusing To Provide Pedigree Information

-Submitted by David Drumm (Nal), Guest Blogger

Vesselin Dittrich, 64 and speaks with an accent, is an American citizen and resident of Hoboken, New Jersey. He was sitting on a PATH (Port Authority) train in the Hoboken station looking at a heavily tattooed woman. She objected to his staring and asked him to move to another car. He refused. She threatened to call the police and, overhearing this, the conductor summoned the Port Authority police.

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Senate Votes Overwhelmingly To Allow Indefinite Detention of Citizens

In one of the greatest attacks on civil liberties in this country’s history, Democratic and Republican Senators voted yesterday to approve a measure as part of the $662 billion defense bill that would allow for the military to hold both citizens and non-citizens indefinitely without trial — even those arrested on U.S. soil. In a welcomed change, President Obama has committed his Administration to fighting the measure as inimical to the rule of law. The measure was pushed by Carl Levin (D – Michigan) and John McCain (R – Arizona). While some members of Congress like Ron Paul (R., Texas) have denounced the bill, the measure passed at the same time that Administration lawyers publicly declared that the military and intelligence agencies alone should decide whether a citizen should be killed without a charge or hearing (including killing citizens on U.S. soil) — a position supported by President Obama who has ordered the killing of U.S. citizens under his claim of inherent authority.

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Turley Blog Selected As A Top 100 Legal Blog — Now We Need Your Vote!

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. This blog’s success is due entirely to the consistently high level of commentary among our readers and, I believe, our commitment to civil and substantive (if at times passionate) dialogue on the legal and political issues of our day. We are again placed in the “opinion” category and facing two of the top five most popular blogs. You can vote at You can vote at this site by clicking on the “opinion” category and we need your vote. A quick registration is needed to prevent cheating in the competition.

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