One would hardly relish the position of Jim Andrews, owner of Felony Franks on the Near West Side of Chicago. Andrews is suing after city officials refused to allow him to hang his sign as offensive. He has named not just the city by 2nd Ward Alderman Bob Fioretti (2nd) for what he claims is a denial of his free speech. He may have a point.
Continue reading “Felony Franks Sues City Over Misdemeanor Message”
Category: Constitutional Law
Below is today’s column in USA Today on the death of Osama Bin Laden.
Continue reading “Bin Laden: A Time To Reflect”
Virginia Attorney General Ken Cuccinelli has severed his office’s relationship with King & Spalding after the firm abandoned its representation of the House of Representatives in the challenge to the Defense of Marriage Act (DOMA). In my view, Cuccinelli is right to do so. While I have long been critic of DOMA, I have been highly critical of the firm’s handling of the case and dumping a client under pressure. Paul Clement has now left the firm and will represent the House of Representatives as part of Bancroft PLLC.
Continue reading “Virginia Severs Ties With King & Spalding”
-Submitted by David Drumm (Nal), Guest Blogger
Da Vinci “originalists”, a term coined by Garrett Epps, look for hidden meanings in the Constitution, much like Robert Langdon found the “hidden” symbols in Leonardo’s Last Supper. Where the text is clear, the Da Vinci “originalists” find secret meanings. Such is the case with the Citizenship Clause of the Fourteenth Amendment.
Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger
Earlier this month, President Barack Obama announced that he was considering an Executive Order that would mandate that all contractors who receive Federal money must disclose their political contributions. Since I am not a big fan of Executive Orders and since President Obama was not a big fan of Executive Orders when he was a candidate, I was not especially enthralled about the possibility of another Executive Order. However, once I read what the proposed Executive Order was going to do, I have to admit that I embraced it with open arms. Continue reading “John Yoo Calls the Kettle Black”
Submitted by Elaine Magliaro, Guest Blogger
Last Wednesday, the Supreme Court handed down its ruling in the case of AT & T Mobility v. Concepcion. The justices split along ideological lines
once again. The 5 to 4 decision came down on the side of corporations—and most likely eliminated the right of citizens to band together to bring class action lawsuits against large corporations.
The Concepcion case involved cellphones and a common type of contract that requires customers to press their claims through arbitration instead of through lawsuits. As reported by Robert Barnes in The Washington Post, these types of contracts “which mandate individual rather than group claims, are becoming standard for companies offering loans, cable service, credit cards and even employment.”
Submitted by Mark Esposito, Guest Blogger
Well, the Alabama Senate finally got around to it. A vote Wednesday eliminated Jim Crow laws and other segregationist measures in the State’s 340,000 word constitution that was adopted in 1901. The struck language eliminates requirements for separation of the races in educational institutions and the infamous polls taxes. The vote was 22-9 with all Republican senators voting in favor of the legislation.
Some Democratic legislators opposed the bill as too little, too late. Sen. Linda Coleman, D-Birmingham, said there were still racist problems in Alabama’s constitution, including schools that she said are not equitably funded. “This bill to me is a farce. It’s a smokescreen,” Coleman said. ” Jim Crow is still here…. We know there are disparities,” she added. Continue reading “‘Bama Finally Bids Jim Crow Adieu”
-Submitted by David Drumm (Nal), Guest Blogger
In the 1969 case Chimel v. California, the Supreme Court, in a 7-2 decision, held that an “arresting officer may search the arrestee’s person to discover and remove weapons and to seize evidence to prevent its concealment or destruction.” The search also included “the area “within the immediate control” of the person arrested, meaning the area from which he might gain possession of a weapon or destructible evidence.” This case created the Chimel rule allowing warrantless searches incident to a lawful arrest.
Continue reading “Can Smartphones Be Searched Incident to Arrest?”
It turns out Barack Obama is . . . is . . . a citizen. The White House has released President Obama’s long-form birth certificate to put the growing controversy to rest over his birth. Many of us have been critical of the birther conspiracy theories. However, I am not sure why the White House did not do this earlier since it addresses the allegations fully. It will be interesting to see that, now that Obama has produced the certificate, if the movement for state ballot laws declines. While it has been repeatedly stated that the laws are not about Obama, but we will see.
Continue reading “Aloha, Birthers: Obama Releases Long Form Birth Certificate”
A bus driver in Texas received an extraordinary $21,000 settlement for conduct that justifiably led to his termination. Edwin Graning received the settlement from the Capital Area Rural Transportation System (CARTS) in Texas after he was fired for refusing to drive two women to a Planned Parenthood clinic last year. This seems a case of putting the CARTS before the horse in reaching a settlement before the other party has made a viable claim.
President Barack Obama this week stepped over the line of both protocol and ethics by publicly declaring Bradley Manning guilty of crimes. During a speech, Obama stated Manning “broke the law” to an audience in an act that could be challenged as undue command influence in the military system and violates a long-standing rule of presidents refraining from prejudicing trials. Manning is accused of being the source for the wikileaks material, which have shown that the Administration and prior Administrations have lied to the American people in various areas of policy.
As expected, Virginia Attorney General Ken Cuccinelli’s effort to bypass the appellate court has failed with a denial at the United States Supreme Court. The Rule 11 motion was turned down — as it is in the vast majority of cases. The Obama Administration opposed the motion and is expected to continue to try to slow the momentum of the challenge.
Continue reading “Supreme Court Denies Virginia’s Effort To Get Expedited Review”
Even for the most committed civil libertarians, it is hard to work up sympathy for Quran-burning Pastor Terry Jones. However, that is the plight of free speech advocates — you often end up supporting the most obnoxious members of our society. In Dearborn, Michigan, the order barring Jones from protesting utside of the Islamic American Center raises some constitutional concern.
Continue reading “Public Safety or Prior Restraint? Quran-Burning Pastor Barred From Protesting In Front of Michigan Mosque”
-Submitted by David Drumm (Nal), Guest Blogger
iPhones and Android smartphones regularly transmit their locations back to Apple and Google. The location information is used for the estimated $2.9 billion location-based services market. Location-based advertising targets consumers with location-specific advertising on their mobile devices.
According to research, the HTC Android phone collects location information every few seconds and transmits the data back to Google several times an hour.
Continue reading “iPhone and Android Tracking You for Apple and Google”
Submitted by Mark Esposito, Guest Blogger
Twenty five year-old Ryan James Stephens will probably never be confused with actors Rex Harrison or Eddie Murphy but he may be the new Dr. Doolittle. Stephens has been charged with violating Cincinnati’s ordinance prohibiting citizens from “talking” to police dogs.