Category: Constitutional Law

Academia, Constitutional Law, Courts, Supreme Court

Ninth Circuit Appeals Court Rules In Favor Of Teacher Who Criticized Creationism

-Submitted by David Drumm (Nal), Guest Blogger

We have previously discussed the case of Dr. James Corbett, a history teacher at Capistrano Valley high school, who was sued over comments he made when he referred to creationism as “superstitious nonsense.” A three-judge panel for The United States Court of Appeals for the Ninth Circuit unanimously ruled that the district court’s judgement on the constitutionality of Corbett’s statements be vacated. The appeals court affirmed the district court’s finding that Corbett was entitled to qualified immunity.

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Constitutional Law, Courts, Politics, Society

“Casket Cartel” Takes Monks To Court

Louisiana regulators have decided to appeal a ruling in favor of casket-making monks that found a state law unconstitutional in giving funeral directors exclusive rights to sell caskets. The law has been criticized as a case of a powerful lobby getting politicians to snuff out their competition. Louisiana legislators caved into demands for the protective measures, but Judge Stanwood R. Duval, of the U.S. District Court in New Orleans found that the legislation did not even satisfy the low rational basis test. The regulators are now appealing to the Fifth Circuit.

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Congress, Constitutional Law, Free Speech

Tobacco Companies File Free Speech Challenge To New Graphic Cigarette Labels

Four of the five largest U.S. tobacco companies have filed a free speech challenge to the new packaging for cigarettes. I have previously criticized the graphic images of corpses and diseased organs. If the case goes to the Supreme Court, it could resolve the long-standing debate over the scope of free speech rights held by corporations as opposed to individuals. In that sense, it could be the extension of the Citizen United case in adding elements of personhood to corporations in the free speech area.

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Constitutional Law, Free Speech, Politics, Religion, Society

Sherlock Holmes Work Removed From School Library in Virginia

The children of Rising Western Albemarle High School in Albemarle County, Virginia are finally safe this week after parents found a lurking danger in their school: a copy of the Sherlock Holmes story, A Study In Scarlet. Parent Brette Stevenson first brought the Victorian-era book to the attention of the school board as inappropriate for children. The book contains a harsh and erroneous view of the Mormon religion.

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Constitutional Law, Politics, Religion, Society

Michele Bachman, Christian Reconstructionism and the Law

By Mike Appleton (Guest Blogger)

When Byron York asked Michelle Bachmann last week whether, if elected President, she would be “submissive” to her husband, the audience reacted with a collective gasp, followed by scattered boos.  After a brief pause, Rep. Bachmann calmly replied that her relationship with her husband is one of mutual love and respect. Continue reading “Michele Bachman, Christian Reconstructionism and the Law” →

Congress, Constitutional Law, Courts, Justice, Politics, Society, Things That Tick Me Off

An Example of Why We Need Health Care Reform

Submitted by Lawrence Rafferty-Guest Blogger

 

With the recent news of an appeals court decision that struck down the individual mandate portion of the Health Care Reform act, the problems with our Health Care system is on the front page again.  While we hear politicians claim that the market place should decide all health care cost and access issues, millions are without coverage and the costs Americans pay for health insurance is staggering. Continue reading “An Example of Why We Need Health Care Reform” →

Congress, Constitutional Law, Politics

Court of Appeals Strikes Down Individual Mandate As Unconstitutional

In a major victory for opponents to President Barack Obama’s healthcare law, the United States Court of Appeals for the Eleventh Circuit in Atlanta has ruled that the individual mandate provision is unconstitutional. The decision affirmed part of a January ruling by U.S. District Judge Roger Vinson of Florida.

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Academia, Columns, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Politics, Society, Supreme Court

Can We All Get Along?

Submitted by: Mike Spindell, guest blogger

 

“People, I just want to say, you know, can we all get along?” Rodney King 5/1/92

 

The arguments and divisions politically here and throughout this country are rampant and destructive. Anger and hatred of others of differing opinions rises at times to fever pitch and I admit that I am part of the problem as much as anyone else is. This is a somewhat different piece in that I am going to present some national problems, as I see them and elicit your comments on them, in an attempt to discover whether there is some common ground agreement, on some things plaguing our society. While I am more interested in whether or not people agree that these are indeed problems for us all to consider and work to solve, it is certainly apropos for people to comment on what they believe the solutions to be.

 This is an experiment on the viability of people agreeing on the premise that a problem exists in a given area. We cannot begin to resolve issues, unless we first agree that they are issues to be contemplated by the entire body politic. My hope is to engender real, civil discussion and perhaps at the end reach something like consensus. This is not a plea for Bi-Partisanship because to me that is a fantasy, whoever may utter it. To be “partisan” is to hold strong opinions and srong opinions do not resolve themselves into agreement. The resolution reached by “partisans” is always one of compromise, without either side changing their core beliefs, but agreeing to take part of the loaf. I am “experimenting” to see if many of the diverse viewpoints represented here can at least agree that a specific issue is indeed a problem, or if it is indeed an issue. Beyond writing this, I will not take part in the ensuing discussion,  since the formulation itself indicates my views on whether these are indeed problems. I will limit my questions to legal issues, with no particular order of importance intended.

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Constitutional Law, Free Speech, Justice

Police Seek To Prosecute Persecute Unknown Cartoonist

Submitted by Gene Howington, Guest Blogger

Police in Renton, Washington are seeking an unknown cartoonist for cyberstalking.  To that end, officials have obtained a search warrant from a local judge to discover the identity of the anonymous cartoonist.  The alleged crime this cartoonist committed?  Posting cartoons online parodying the Renton Police Department and referring to real life internal affairs incidents at the Renton PD in the dialog.  It is important to note that neither is the Renton Police Department named nor are the real names of any people attached to the Renton Police Department are used in the cartoons linked posted by KIRO TV.   The videos are not in a format that can be embedded in WordPress, but the Jail Parody and the Locker Room Parody can both be seen at KIRO TV’s website.

Parody is protected free speech in many cases, but the case law is unclear in providing bright line definitions of what does and what doesn’t qualify as parody.  This often leads to detailed case by case examination of claims.  When the parody involves copyrighted materials, there are guidelines and tests to apply in determining if the parody is legitimate.  Generally speaking, there are two lines of defense involving parody: the free speech defense based in Constitutional law and the fair use defense based in copyright law.  As these parodies do not involve copyrighted materials, the fair use defense is not relevant here.  The free speech defense is another matter.  As a matter of Constitutional law, parody is protected free speech.  Is the Renton Police Department attempting to use a criminal statute to persecute a critic engaging in critical parody and repress the cartoonist’s 1st Amendment Free Speech rights?  Some think that’s exactly what they are doing.

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Constitutional Law, Courts, Supreme Court

Information-Seeking Stop Was Unconstitutional

-Submitted by David Drumm (Nal), Guest Blogger

A trooper with the Maine State Police clocked a red Pontiac doing 71 MPH in a 45 MPH zone. As the trooper was making a turn to pursue the Pontiac, a motorcycle passed him. After a brief pursuit the trooper lost sight of the Pontiac and arrived at a fork in the road. After proceeding a brief distance and not seeing the Pontiac, the trooper returned to the fork and saw the motorcycle, operated by Ronald A. LaPlante.

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Constitutional Law, Criminal law, International, Justice, Military, Politics, Things That Tick Me Off

The CIA Destroyed Evidence..So Why Shouldn’t They Be Held in Contempt?

Submitted by Lawrence Rafferty-Guest Blogger

 

Since we have been all so absorbed by the ongoing political saga involving the imaginary debt ceiling crisis, I thought it would be therapeutic to discuss something totally unrelated to that nonsense.  As you will recall, the CIA destroyed hundreds of hours of video tape documentation of the infamous CIA Torture Program during the last Administration.  Continue reading “The CIA Destroyed Evidence..So Why Shouldn’t They Be Held in Contempt?” →

Constitutional Law, Justice, Politics

The GOP And Voter Disenfranchisement

-Submitted by David Drumm (Nal), Guest Blogger

There are two ways to increase your chances of winning an election, get more voters to cast their ballots for you, or get fewer voters to cast their ballots for your opponent. The GOP had decided to pursue the latter option.

There is nothing more sacred in a democracy that the right to vote, so an attack on voting rights is an attack on democracy. That is exactly what is happening in many states across our land. Republican governors and legislatures are passing laws making it extremely difficult for certain Americans to vote.

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Constitutional Law, Free Speech, International, Justice, Lawyering, Media, Politics, Society

First, We Kill Silence All The Lawyers

Submitted by Gene Howington, Guest Blogger

The July 24th catastrophic crash of a high speed train in Wenzhou, eastern China, made world wide headlines. The dead and injured totals as of today, July 30th, stand at 40 dead and 192 injured although earlier reports indicated as many as 210 injured including 2 foreigners. The cause of the accident is still under investigation, but the preliminary facts indicate that train D301 in service from Beijing South Station to Fuzhou (in Fujian province) and train D3115 in service from Hangzhou to Fuzhou, were derailed when D301 struck the stationary D3115 at around 8:30pm local time. Although both trains are limited to traveling at a maximum of 250km/h (~155 mph), it is uncertain how fast D301 was moving at the time of the accident.

This is more than just a human tragedy for China, but possibly an economic tragedy as well. With China looking to compete globally to sell high speed rail systems that are going to become increasingly important to countries around the world as fuel prices rise, their systems have been plagued by unstable performance and this crash caused the stock of state owned CSR Corporation to plummet 14 points on the Hong Kong Stock Exchange. Although CSR is technically the world’s largest manufacturer of high speed rail equipment, it faces stiff competition from German and Japanese manufacturers who have more mature and refined products. While none of this is unfamiliar to anyone who has followed businesses in the wake of a disaster in the West, what is unusual is what happened next.

Lawyers were told not to take plaintiff’s cases related to the rail accident.

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Constitutional Law, Courts, Criminal law, Justice, Lawyering, Society

South Carolina To Try Citizen For Nutsy Display

Submitted by Mark Esposito, Guest Blogger

Bonneau is a quiet little town in the “Low Country” of South Carolina.   Boasting plenty of southern charm, it covers about 2.9 square miles and sports 354 residents. Not much going on except good red beans and rice and some pleasantly hot summer boat rides on Lake Moultrie. Pretty Mayberry-esque except  it’s also the epicenter for  a debate on South Carolina’s obscenity laws which prohibit motorists from  displaying bumper stickers, decals, or devices depicting “sexual acts, excretory functions, or parts of the human body in an offensive way as determined by contemporary community standards.”

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