Category: Constitutional Law

Bizarre, Constitutional Law, Courts, Free Speech, Politics, Society

New Mexico Billboard Triggers Fight Between Privacy and Free Speech

There is an interesting free speech case out of Otero County, New Mexico. Hearing commissioner Darrell Brantley of the Otero County Domestic Violence Court has recommended an order of protection for Nani Lawrence against Greg A. Fultz after Fultz paid for a pro-life billboard criticizing the abortion of their alleged child. Brantley also wants the billboard taken down as a violation of Lawrence’s right of privacy.

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Bizarre, Constitutional Law, International

Trump Hits Scottish Couple With Bill For His Own Fence In Campaign To Force Them To Give Up Their Home

While Donald Trump is now saying that he might still run for president, he might want to keep one case off his campaign resume. In Scotland, Trump is bullying a Scottish couple who have had the temerity to refuse to surrender their home to his development. Trump is reportedly not only seeking governmental order to acquire the land but he encircled the home with a fence and then charged the couple with half of its cost — hitting David Milne, 46, and his wife Moira with a bill for £2820 for a fence they do not want.
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Constitutional Law, Politics, Society, Supreme Court

Suspicionless Searches: Florida Targets Welfare Recipients

Submitted by Mike Appleton, Guest Blogger

The Florida legislature has been accused of doing nothing to address the state’s serious unemployment problem.  But the cumulative output of the recently completed 2011 session will keep constitutional lawyers busy for quite some time.  One case in point is a bill signed by Gov. Rick Scott on May 31st that is certain to face a legal challenge.  Public law 2011-081, set to go into effect on July 1st as Section 414.0652 of the Florida Statutes, requires every Florida resident who applies for benefits under the Temporary Assistance for Needy Families (TANF) program, the federal successor to the former Aid to Families with Dependent Children (AFDC) welfare system, to submit to drug testing for controlled substances.  The cost of the testing must be paid by the applicant and a positive result will disqualify the applicant from receiving benefits for one year.  The new law raises serious concerns under the Fourth and Fourteenth Amendments to the U.S. Constitution and their counterparts in the Florida constitution, including the personal right of privacy enshrined in Article I,  Section 23 of the latter document. Continue reading “Suspicionless Searches: Florida Targets Welfare Recipients” →

Constitutional Law, Criminal law, International, Politics, Society

Video: Maryland Transit Authority Detains Man For Taking Pictures of Train Station

We have been following cases of police detaining or arresting people who either photograph them or photograph public scenes in this country and other countries like England. The Maryland Transit Administration (MTA) has been repeated criticized for stopping citizens engaged in entirely lawful photography. The latest such victim is Christopher Fussell who kept the camera running (below) during the confrontation where officers displayed a complete lack of knowledge of the existing laws — and rights of citizens.

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

The Jolly Hangman Finds Another Victim: Singapore Judges Jail English Writer For Criticizing Their Court System

A British author Alan Shadrake, 76, is the latest victim of a worldwide trend of attacks on free speech. Shadrake wrote a book entitled Once a Jolly Hangman: Singapore’s Justice in the Dock detailing the inequities and unfairness of the Singapore justice system. The response of Singapore’s courts was to convict Shadrake and throw him in jail for contempt. The abusive case should be a rallying point for civil libertarians around the world, not to mention any Singaporeans who value free speech and the rule of law. The Singapore government compounded the abuse by banning the book.

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Constitutional Law, Politics, Society

Is The Autopen Mightier Than The Sword? Rep. Graves Challenges Use of Autopen Presidential Signatures

Rep. Tom Graves (R-Ga.) has sent a letter challenging the constitutionality of President Barack Obama’s signing the Patriot Act with an autopen. I discussed this issue on CNN where I explained that, while this is not a good practice, it would likely be upheld under long-standing precedent going back to the 1600s. While obviously the autopen post-dated such precedent, the idea of signing by direction or surrogate is not new.
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Constitutional Law, Politics, Society, Things That Tick Me Off

Update: Gov. “Scoot”: Banning Dems & Liberals All A Big Mistake!

Submitted by Mark Esposito, Guest Blogger

Reeling from the backlash of sentiment questioning why liberals and Democrats were banned from a public town square meeting on Florida’s budget, Governor Scoot  pulled an “Oops.”  Apparently, it was all the work of a poor misguided staffer, Russ Abrams, a $60,000.00 a year special assistant to the Governor who has a serious First Amendment mental block. Despite newspaper notices that the meeting in the conservative retirement community was open to the public, Abrams told Sumter County Sheriff’s deputies that the event was private and that Democrats and liberals were not required. A reluctant deputy informed the banned folks that he was instructed to remove them.

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Constitutional Law, Courts, Supreme Court

The Right to Record

-Submitted by David Drumm (Nal), Guest Blogger

Since the infamous videoing of the Rodney King beating, the power of the video to publicize police brutality, and the subsequent risk of legal and financial repercussions, has led states to criminalize the recording of police. With the proliferation of cell phones cameras and the ability to upload to YouTube, the risk for police is even greater today. If the police have nothing to hide, then there should be no objection to recording them performing their public duties.

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Constitutional Law, Criminal law, Politics

Supreme Court Upholds Arizona Immigration Law

In a 5-3 vote, the U.S. Supreme Court has upheld an Arizona law imposing sanctions on businesses that hire illegal aliens. The decision (below) in Chamber of Commerce v. Whiting, 09-115 was long anticipated because of its implications for a possible ruling in the more controversial Arizona provision regarding the state enforcement of immigration laws — a case making its way toward the Court. I will be discussing the case Friday morning on CNN.
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Constitutional Law, Courts, Politics, Society, Torts

Kentucky Supreme Court Recognizes Paternity Claim From Adulterous Affair and Puts An End To The “Bastardy Cases”

The Kentucky Supreme Court has handed down an important ruling (below) that Christopher Egan can make a paternity claim even if the child is the result of an adulterous affair. It is the rejection of a long-standing bar on such claims under a type of “dirty hands” rule for adulterous affairs. The court turned its back on a long line of morality based cases once called “bastardy cases.” Justice Bill Cunningham (right) in dissent accused the court of throwing the institution of marriage on the “funeral pyre of modern convenience and unanchored values.” Justice Daniel Venters (left) excellent majority decision is available below.
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Bizarre, Constitutional Law, Criminal law, Politics, Society

Obama Administration Threatens To Turn Texas Into No-Fly Zone

The attempt by Texans to resist the controversial TSA security measures, including groping adults and children, has resulted in an astonishing threat by U.S. Attorney John E. Murphy who is threatening to turn the entire Lone Star state into a no-fly zone if a bill passes the legislature. HB 1937 allows for “prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties.” With the return of stagecoaches to Texas, you may want to book now — seats are scarce and there are a lot of blackout dates.

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Constitutional Law, International, Politics

England Reaffirms Ban on Radio Host Michael Savage

We have been following the ban imposed on conservative radio host Michael Savage by England — barring him from entry into the country. England now appears to have reaffirmed the decision and accuses Savage of promising to retract some of his statements and failing to do so. While I strongly disagree with many of Savage’s statements, I view the ban as part of a disturbing trend limiting free speech in the West and particularly in England.

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Bizarre, Constitutional Law, Politics, Religion, Society

Meet Bradlee Dean: Profile of Perfidy

Minnesota has seen the best and worst of its society in the debate of a constitutional amendment to limit marriage to heterosexual couples. The best was Sen. John Kiesel, who was a profile of courage. The worst was the pastor invited to give the opening prayer, Bradlee Dean, a profile of perfidy (as in a deliberate breach of faith when you agree to give a nondenominational prayer and then give a sectarian diatribe). Dean’s record of hateful and bigoted statements was well-known before he was invited to the legislature to start off the day of debate on the rights of homosexual citizens to marry.
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Congress, Constitutional Law

Is the 10-Year Term Limit for the FBI Director Constitutional?

-Submitted by David Drumm (Nal), Guest Blogger

One of the legacies of J. Edgar Hoover, who severed as Director of the FBI for 48 years, is a federal statute enacted in 1976 — Pub. L. 94–503, quoted in the historical and revision notes following 28 U.S.C.A. § 532: “A Director may not serve more than one ten-year term.”

The current FBI Director is Robert Mueller and his ten-year term of office expires in September. President Obama wants to extend his term by two years. It appears that President Obama doesn’t have the stomach for a messy confirmation fight with Republicans. Not that it will make any difference, but, the statutory term limit is clearly unconstitutional.

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Congress, Constitutional Law, Courts, International, Military, Society

Permanent War: House Members Move To Give President Unchecked Authority To Launch Future Military Operations As Part Of The War On Terror

Members of Congress are taking steps to make the war on terror permanent — and make the Constitution optional — for future presidents. Only days after the killing of Osama Bin Laden, members are moving to relieve presidents of any need for approval from Congress — or anyone — in committing troops in the fight against terror. The bill would take the “The Authorization for Use of Military Force” passed after 9-11 (and used to justify two almost ten years of worldwide attacks) and extend it to allow military operations against any “associated forces that are engaged in hostilities against the United States.”

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