In a major victory for the first amendment, the Supreme Court ruled that a California law regulating the sale of violent video games is unconstitutional. It was a strong 7-2 vote with only Justice Clarence Thomas and and Stepen Breyer dissenting — an odd couple to be sure from both ends of the ideological spectrum. Justice Antonin Scalia wrote the majority opinion.
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It appears that same-sex marriage is being groomed for a major issue in this election. With Jay Carney insisting that President Obama remains clear that his views are unclear, Newt Gingrich and Michele Bachmann stepped forward this weekend to put the issue front and center in their campaigns. Gingrich this weekend announced that he will lead the fight against same-sex marriage to stop the nation from “drifting toward a terrible muddle.” He said that he would be looking for ways to “defend that view as legitimately and effectively as possible.”
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Attorney Brian Kammer has called for the suspension of further lethal injections in Georgia after he said the execution of his client, Roy Blankenship, was botched with the use of an untested animal tranquilizer.
Continue reading “Attorney Calls For Cessation Of Lethal Injection After Use of Animal Tranquilizer Allegedly Lead To Botched Execution”
-Submitted by David Drumm (Nal), Guest Blogger
Do illegal immigrants have a Second Amendment right to own guns? In the case of United States v. Portillo-Munoz, the U.S. Court of Appeals for the Fifth Circuit held that illegal immigrants are not part of the “people” protected by the Second Amendment and have no constitutional right to bear arms.
Continue reading “Illegal Immigrants and the Bill of Rights”
Secretary of State Hillary Rodham Clinton took the debate over Libya to a new low yesterday. (For full disclosure, I am lead counsel representing members challenging the constitutionality of the Libyan War). Clinton is largely responsible for entering the United States in another undeclared war. She is now dismissing all of the constitutional and fiscal concerns of members and publicly asking members “Whose side are you on?”
Continue reading “Clinton: Support The War Or I’ll Accuse You Of Being Gaddafi’s BFF”
We have been following the case of fashion designer John Galliano who went on trial Wednesday for making anti-Semitic comments in Paris. It is part of the growing trend in the West of the criminalization of speech. It is not clear what came off more pathetic yesterday, the drug-wasted Galliano or the French court.
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Finally, clarity. For years, many civil libertarians have denounced President Barack Obama for his failure support same-sex marriage and over two years of opposing the claims of gay and lesbian soldiers in courts. He still refuses to recognize same-sex marriage but White House Spokesman Jay Carney has finally cleared up the confusion. This week Carney dismissed suggestions that the President’s position claiming to support gay rights but not supporting same-sex marriage is confusing. Carney insisted Obama has been “very clear that his position is evolving.”
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-Submitted by David Drumm (Nal), Guest Blogger
In a remarkably rare event, President Obama has chosen to reject the legal opinion of the Office of Legal Counsel (OLC) on the subject of his responsibilities with respect to the War Powers Resolution (WPR).
Today, I have the honor of representing ten members of the United States House of Representatives in challenging the constitutional basis for the Libyan War — and the underlying claims made by President Obama. These members include Democrats and Republicans from across the political spectrum. They share a belief that Article I, Section 8 of the Constitution expressly requires the authorization of Congress before a president can commit the nation to war. The lawsuit will be heard in the United States District Court for the District of Columbia. We filed this afternoon and held a press conference with the members in front of the courthouse. A copy of the complaint (which will be heard by Judge Reggie Walton) is below.
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Chief Judge James Ware of Federal District Court for the Northern District of California has rejected a motion for disqualification of Judge Vaughn Walker (shown left) because of his longtime relationship with his partner. Judge Ware noted that there was no evidence that Judge Walker intended to marry his partner.
House Speaker John A. Boehner sent a letter to President Obama on Tuesday informing the President that the Congress now views him in breach of the War Powers Resolution absent authorization from Congress for his military deployment in Libya.
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We have been following the trend against free speech rights of students and the disciplining of students for speech outside of school. This includes the opinion in Doninger v. Niehoff with then Judge Sotomayor. Now, the Third Circuit has handed down a major victory for free speech in rejecting a parody on MySpace as the basis to discipline two teenagers in Pennsylvania. The case is J.S. v. Blue Ridge Mountain School District, 2011 U.S. App. LEXIS 11947 (June 13, 2011).
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Submitted By Mark Esposito, Guest Blogger
The Central Arkansas Coalition of Reason has a First Amendment problem. When the coalition of atheists, agnostics, and skeptics attempted to place advertising on Little Rock transit buses, they were met with an unusual demand. In order to place $5,000.00 worth of advertising, the Central Arkansas Transit Authority (CATA) required them to purchase insurance against angry Christians in the amount of $36,000.00. The policy was needed said the bus company’s ad agency, On The Move Advertising, because a handful of similar ads had been vandalized in other states.
Continue reading “Will Free Speech Have To Make A Bus Stop In Arkansas?”
Tennessee legislators have passed an extraordinary law that makes it a crime to “transmit or display an image” online that is likely to “frighten, intimidate or cause emotional distress” to someone who sees it. Violations can get you almost a year in jail time or up to $2500 in fines. The law, in my view, is unconstitutional and a direct threat to free speech.
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In an important decision, the Ohio Supreme Court has struck down the statutory rape law as applied to defendants younger than 13 years. We have seen continued abuses of statutory rape laws where two minors are involved, but prosecutors charge the boy for sex with a minor. It is an opinion (below) that could be considered by other courts to consider this use of statutory rape laws as well by governors considering commutations for defendants charged as minors.
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