Category: Constitutional Law

Student Arrested With 4th Amendment on Body Sues DHS and TSA

-Submitted by David Drumm (Nal), Guest Blogger

Government photo of Aaron Tobey being held at Richmond International Airport on December 30

The Rutherford institute, on behalf of Aaron Tobey, has filed a civil rights lawsuit in U.S. District Court for the Eastern Division of Virginia. Aaron Tobey was arrested for disorderly conduct at Richmond International Airport (RIC) when he stripped down to his shorts exposing a portion of the Fourth Amendment written on his torso.

Aaron Tobey, an architecture student at the University of Cincinnati, was arrested and handcuffed after successfully passing through the security screening.

 

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Minnesota Court Rules Against Ex-Nurse in Assisted Suicide Case

A judge in Minnesota has handed down a controversial verdict of guilty in the case of former nurse, William Melchert-Dinkel, 48, who encouraged people to commit suicide online. Civil libertarians and right-to-die advocates have criticized the prosecution as an assault on free speech. I share those concerns and believe that there is a strong basis for appeal in this case.

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Obama Administration Forces Dayton To Lower Standards For Police Officers To Guarantee More Minority Officers

There is a controversy in Dayton over the decision of the police department to lower its testing standards under pressure from the Obama Administration to allow for more minority officers.

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New Hampshire Filmmaker Sues For Right To Be Bigfoot in State Parks

While the first amendment has been explored from virtually every possible angle, the one question that has long been unresolved since the founding of the Republic is what protection should be afforded to citizens who desire to dress as Bigfoot and scare hikers on federal lands. That question will now be answered in a lawsuit filed by Jonathan Doyle in New Hampshire.
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Saudi Interior Ministry: Free Speech Is Offense Against God

We have seen how Sharia law has been used to justify child rape, stonings, and a wide array of abuses. Now the Interior Ministry of Saudi Arabia has issued a statement that protests for greater freedom and democratic reforms is also an offense against God.
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Ashcroft v. al-Kidd

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

I have been concerned lately about the Constitutional attacks that we have discussed here on Prof. Turley’s blog. One case that I have noticed lately received very minimal main stream media attention and it concerns a vitally important issue. This past week the ACLU argued a case in the Supreme Court that challenges the government’s use of the Federal material witness statute to pick-up and hold in detention an American citizen named al-Kidd who was arrested by Federal authorities in 2003 and detained for over two weeks without a charge. Continue reading “Ashcroft v. al-Kidd”

Promises, Promises: Is the Obama DOJ Going after Whistleblowers?

Submitted by Elaine Magliaro, Guest Blogger

From Change.gov (The Office of the President-Elect Barack Obama):
“Often the best source of information about waste, fraud, and abuse in government is an existing government employee committed to public integrity and willing to speak out. Such acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled. We need to empower federal employees as watchdogs of wrongdoing and partners in performance. Barack Obama will strengthen whistleblower laws to protect federal workers who expose waste, fraud, and abuse of authority in government. Obama will ensure that federal agencies expedite the process for reviewing whistleblower claims and whistleblowers have full access to courts and due process.”

Is President Obama following through on his promise to protect whistleblowers? It doesn’t appear so. One has only to look at the case of Jeffrey Sterling to see that our President has definitely not been working to strengthen laws that would protect them. Sterling, an alleged whistleblower, was arrested in early January on charges that he leaked national defense information to the media and revealed the identity of a “human asset.”

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Stop The Torture of Pvt. Bradley Manning

 

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

The nightmare started back in July of 2010.  Pvt. Bradley Manning was arrested and detained in the Brig at the Quantico Marine Base on allegations that he stole and then leaked classified documents to Wikileaks.  The conditions that Pvt. Manning has been held under have been outrageous from the start. He has suffered shackling, solitary confinement and he has not been allowed normal contact with visitors and the outside world.  His visitors have been denied access to him and now the latest humiliating tactic being used by the Department of Defense is to force Pvt. Manning to strip naked in his cell for hours!  Continue reading “Stop The Torture of Pvt. Bradley Manning”

Wanted: Red Or Restrained

Submitted by Mark Esposito, Guest Blogger

Wisconsin Republican leaders are law and order types indeed. Unhappy that fourteen Democratic state senators are boycotting Governor Scott Walker’s union busting party, they have authorized the Senate Sergeant at Arms to round-up the legislative desperadoes “with or without force.” The Gang of 14, of course, are holed up in the neighboring Illinois badlands but Sheriff Walker wants to get his men (and his agenda railroaded through) so niceties like democracy and respect for the rights of the opposition need  not be  observed.

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Supreme Court Rules In Favor of Westboro Church

In an important reaffirmation of the free speech, the Supreme Court has ruled 8-1 in favor of the Westboro Baptist Church. Westboro is infamous for its deranged, homophobic protests at funerals of fallen U.S. troops. In an opinion by Chief Justice John Roberts, the Court refused to allow the universal disgust at Westboro’s views influence its decision. Only Justice Samuel Alito was willing to radically curtail free speech to punish Westboro.
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Florida District Attorney Refuses To Prosecute Citizen for Videotaping Officer in Public

We have another case of a police officer arresting a citizen for videotaping him in public . . . with a twist. We finally have a prosecutor, Pinellas (Florida) State Attorney Bernie McCabe who refuses to prosecute such an abusive charge unlike so many other prosecutors who take these cases and perpetuate the abuse against the citizens. What is interesting is the response of Tarpon Springs Captain Jeff Young (left).
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Supreme Court Upholds Use of Dying Statements as “Non-Testimonial” Evidence

The Supreme Court has ruled that a mortally wounded man’s dying statement is “non-testimonial” and can be used to convict a man of murder. The ruling, written by Justice Sonia Sotomayor raised serious concerns under the confrontation clause of the Constitution. Notably, the strongest voice against the ruling came from Justice Antonin Scalia. Justice Kagan did not participate in the decision in Michigan v. Bryant.

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