Category: Constitutional Law

Constitutional Law, Courts, Justice, Politics

Is Free Speech Really Free?

 

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

After a few recent discussions about Free Speech in earlier threads, I came across another example of how limited our Free Speech really is.  At a recent speech by Secretary of State Hillary Clinton, a former CIA employee, Ray McGovern, attempted to protest her speech about Democracy and Freedom of Speech and how the freedom to disseminate information helped the Egyptians rid themselves of a brutal dictator.  Continue reading “Is Free Speech Really Free?” →

Constitutional Law

Birthright Citizenship Was the Original Intent

-Submitted by David Drumm (Nal), Guest Blogger

Rep. Gary Miller (R-CA) claims that birthright citizenship “undermines the intention of the Fourteenth Amendment.” Arizona Rep. John Kavanagh, R-Fountain Hills alleged that “if you go back to the original intent of the drafters … it was never intended to bestow citizenship upon aliens.” Sen. David Vitter (R-LA) trots out the old canard that the Citizenship Clause was drafted to “address slavery, not immigration.”

When one looks at the 1866 Senate debate regarding the 14th Amendment, the facts don’t support these claims.

Continue reading “Birthright Citizenship Was the Original Intent” →

Constitutional Law, Religion

Giles County School Board Obeys Constitution

-Submitted by David Drumm (Nal), Guest Blogger

The school board in Giles County, VA, has decided to remove the Ten Commandments posters in all local schools. The Virginia ACLU and the Freedom From Religion Foundation had plaintiffs and threatened lawsuits that the school board would have almost surely lost. The school board decided it could better spend the estimated $300,000 cost of a lawsuit on instruction that wasn’t religious.

Continue reading “Giles County School Board Obeys Constitution” →

Congress, Constitutional Law, Media, Politics, Society

Grappling . . . Grappling . . . I’ll Let You Know: Obama Remains Undecided on Gay Marriage

Some of us have raised objections for the last two years on President Obama’s conflicting positions on gay rights. Now, White House Spokesman Jay Carney was able to nail down concretely the President’s position on gay marriage: he is still “grappling” with it.
Continue reading “Grappling . . . Grappling . . . I’ll Let You Know: Obama Remains Undecided on Gay Marriage” →

Constitutional Law, Courts, Politics, Society

Jeff Cox Responds to Criticism in Mother Jones Article

After the posting this morning over the controversy involving former Indiana Deputy Attorney General Jeff Cox, I had an opportunity to discuss the allegations with him in detail. Cox makes an interesting free speech case over his treatment and later termination for comments that he made on Twitter and on his blog. I wanted to share some of those details and the concern over a termination based on a lawyer’s statements in his private life.
Continue reading “Jeff Cox Responds to Criticism in Mother Jones Article” →

Bizarre, Constitutional Law, Religion, Society

Tennessee Legislators Move To Make Adherence to Sharia Law a Felony

State Sen. Bill Ketron, R-Murfreesboro, and state Rep. Judd Matheny, R-Tullahoma, have introduced a bill that would make it a felony to adhere to Sharia law in the state of Tennessee — punishable by 15 years in jail. The facially unconstitutional law would make Tennessee the leading state in the Union in the denial of freedom of religion.

Continue reading “Tennessee Legislators Move To Make Adherence to Sharia Law a Felony” →

Bizarre, Constitutional Law, Politics, Society

A Little Touch of Tripoli? Indiana Deputy Attorney General Calls For Use of Live Fire Against Protesters In Wisconsin

Indiana Deputy Attorney General Jeffrey Cox has reportedly been fired after Mother Jones Magazine identified him as the source of a tweet denouncing liberals and calling for the use of live ammunition against teacher protesters in Wisconsin.

Continue reading “A Little Touch of Tripoli? Indiana Deputy Attorney General Calls For Use of Live Fire Against Protesters In Wisconsin” →

Congress, Constitutional Law, Courts, Politics, Society

Obama Administration Refuses To Defend The Defense of Marriage Act (DOMA)

For two years, some of us have been criticizing President Obama for his Administration’s opposition to same-sex marriage and the Don’t Ask Don’t Tell policy in federal courts. The Justice Department has now announced that it has decided to reverse its position and refuse to further defend the Defense of Marriage Act (DOMA).

Continue reading “Obama Administration Refuses To Defend The Defense of Marriage Act (DOMA)” →

Constitutional Law, Courts, Lawyering, Society

Delaware Supreme Court Overturns Ruling That Movie Announcement to Turn Off Cellphones Was Racist

There is an interesting case out of Delaware where the Supreme Court overturned a decision by the state Human Relations Commission that the manager of a Dover cinema, David Stewart, was racist for asking people in a largely black movie audience to turn off their cellphones and refrain from talking during the movie. What is most interesting is the individual who appears to have helped organize the complaint to the Human Relations Commission. The decision also overturned the $80,000 fine against the Carmike 14 Theater. The case is Boggerty v. Stewart, 2011 Del. LEXIS 108 (Feb. 17, 2011)
Continue reading “Delaware Supreme Court Overturns Ruling That Movie Announcement to Turn Off Cellphones Was Racist” →

Constitutional Law, Courts, Justice

Judge Disallows Padilla Torture Suit Because He Was Tortured?

Submitted by Lawrence Rafferty, (rafflaw), Guest Blogger

 

You may have missed this story in the corporate media.   It is an issue that is near and dear to my heart.  It seems that a Federal Judge has dismissed a case brought by Jose Padilla and others against Donald Rumsfeld and other Bush administration officials, for a very interesting reason.  Continue reading “Judge Disallows Padilla Torture Suit Because He Was Tortured?” →

Constitutional Law, Courts, Criminal law, Justice

Jury Tampering and the First Amendment

Mike Appleton (guest blogger)

A Florida circuit judge has issued  an administrative order virtually certain to result in a court battle pitting the right of free speech against the duty of courts to protect the integrity of jury deliberations.  The order prohibits “the dissemination of all leaflets and other materials to summoned jurors, as well as approaching a summoned juror for the purpose of displaying a sign to, or engaging in oral protest, education or counseling with information tending to influence summoned jurors on any matter, question, cause, or proceeding which may be pending, or which may be brought, before him or her as such juror… .”

Continue reading “Jury Tampering and the First Amendment” →

Academia, Constitutional Law, Religion, Society

Religion Grapples With Sportsmanship In Iowa

Submitted by Mark Esposito, Guest Blogger
One hundred twelve pound Cassie Herkelman is a historic figure in Iowa high school sports. Though Iowa has allowed girls to compete against boys in wrestling for two decades, Cassie is the first to win a match in Iowa’s legendary state wrestling tourney. The problem, for some, is that she won by forfeit.

Continue reading “Religion Grapples With Sportsmanship In Iowa” →

Constitutional Law

Forget About Obama, Was Washington Constitutional?

-Submitted by David Drumm (Nal), Guest Blogger

The Constitution’s text on the issue states “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.” The problem arises due to a pesky comma. Does the clause “at the time of the Adoption of this Constitution” refer only to “a Citizen of the United States” or to both clauses including “a natural born Citizen?” It turns out that according to accepted rules of grammar in 1787, the pesky comma means that “at the time of the Adoption of this Constitution” refers to both antecedent clauses.

Continue reading “Forget About Obama, Was Washington Constitutional?” →

Congress, Constitutional Law, Courts, Justice, Politics, Supreme Court

Ethics and The Supreme Court

Submitted By Lawrence Rafferty, (rafflaw) Guest Blogger

 

Professor Turley has recently discussed the ethical problems raised by Supreme Court Justices Scalia and Thomas by their attendance and participation in fund raisers for conservative groups.  In addition, Justice Thomas’ wife has also come under criticism for working for a lobbying group that benefitted from the Citizen United decision.  With all of the potential conflicts of interest that these Supreme Court Justices are involved in, it looks like someone is finally attempting to rein in the Justices and make them subject to the Judicial Conference’s Code of Conduct which all other Federal Judges have to adhere to. Continue reading “Ethics and The Supreme Court” →

Constitutional Law, Politics, Society, Torts

David Schoen Responds To Criticism Over Lawsuit Against Jimmy Carter

I previously posted a critical account of the lawsuit filed against former President Jimmy Carter by David Schoen of Montgomery, Alabama and Nitsana Darshan-Leitner of Ramat Gan, Israel. I view the filing as not just meritless but a direct threat to free speech in the misuse of common law and consumer protection laws. This morning, I received an email from David Schoen and I felt (with his approval) he has a right to be heard in full on the issue.

Continue reading “David Schoen Responds To Criticism Over Lawsuit Against Jimmy Carter” →