
The D.C. Council has unanimously approved a law that makes it a crime to wear a mask while protesting outside of a resident. This bizarre law was passed because animal rights activists have been protesting outside of residences in Washington. The problem is that the law could be used to curtail free speech and gives the police another arbitrary basis to arrest protesters.
Continue reading “D.C. Council Unanimously Criminalizes Wearing Masks During Residential Protests Over Objections of Civil Libertarians”
Category: Constitutional Law
It is that time of the year for our annual blawgletting — the ABA top blog competition. We have once again been selected as one of the top 100 legal blogs (of over 3000) and nominated for the IMHO (opinion) category and it is time to release our minions upon the field of blog battle. Vote here to defend our way of life and the future of the planet.
To the delight of civil libertarians and libertarians alike, the Canadian courts have been leading the world in dealing with conflicts between privacy principles and morality legislation. I am serving as an expert in the review of Canadian polygamy laws in British Columbia. In the meantime, the Ontario Superior Court may allow three prostitution laws to die this Saturday.
Continue reading “Prostitution May Become Legal This Saturday in Ontario”

Boris Johnson, the conservative Mayor of London, has declared George Bush a persona non grata — asking him to stay out of London with his new torture-touting memoir. The question is whether such international shunning will become actual effort to prosecute Bush, who just confessed to war crimes. I discussed the controversy on Countdown.
In this video, Sen. Jay Rockefeller (D-WV) suggests that he would like to see both FOX and MSNBC taken off the air so that people felt better about Congress and their government. This is coming from a Senator who led the effort to kill dozens of public interest lawsuits suing telecommunication companies for violations of their privacy and supported the effort to bar any investigation into the torture program. The problem, it seems, is the new coverage.
The trial of alleged Al Qaeda accomplice Ahmed Khalfan Ghailani has resulted in an acquittal on all major terrorism charges in New York. Ghailani was charged with crimes related to the 1998 suicide bombings of two U.S. embassies in Africa that killed 224 people, including 12 Americans. I will be discussing the verdict tonight on Hardball.
This is a terrific speech given by 14-year-old Ann Arbor student Graeme Taylor who is defending Howell High School teacher Jay McDowell, who was disciplined after throwing out two students for anti-gay statements. The controversy, however, gets a bit murkier on closer examination for free speech advocates.
Continue reading “Hate Speech or Free Speech? Michigan Teacher Challenges Discipline Over Removal of Two Students From Economics Class”
Earlier this year, the Texas State Board of Education removed children’s author Bill Martin Jr. from a proposal to include him in the third-grade curriculum section. Martin would have been put on a list of authors who had made cultural contributions—along with Laura Ingalls Wilder and Carmen Lomas Garza—until board member Pat Hardy made the motion to toss out Bill Martin’s name. You see, Hardy had learned that “Bill Martin” had written an adult book that contains “very strong critiques of capitalism and the American system” from another board member named Teri Leo.
It was while Leo was researching Bill Martin on the Borders.com Web site that she discovered that he had written a book called Ethical Marxism. Leo alerted Hardy to her discovery in an email. Hardy explained: “She said that that was what he wrote, and I said: ‘ … It’s a good enough reason for me to get rid of someone.’ ”
Continue reading “Brown Bear, Brown Bear, What Do You See?—I See Anti-Marxists Looking at Me!”
Minnesota Republican Congresswoman Michele Bachmann has a knack for saying just the right thing. She famously educated Chris Matthews on the merits of guilt by association saying “…usually we associate with people who have similar ideas to us, and it seems that it calls into questions what Barack Obama’s true beliefs, and values, and thoughts are…I am very concerned that he [Barack Obama] may have anti-American views.” Now, Bachman is inviting conservative commentator Sean Hannity and Christian evangelical author David Barton to teach lawmakers the nuances of Constitutional law. Bachmann originally considered Supreme Court Justices Scalia or Clarence Thomas but neither could match Hannity’s honorary degree (he dropped out of two colleges) from the late Jerry Falwell’s Liberty University, or Barton’s religious education BA degree from Oral Roberts Univerity.
Continue reading “Hannity & Barton on Con Law: Required Reading at Tea Parties”
There is another bizarre story out of our public school system where a school official at Denair Middle School in Sacramento, California told 13-year-old Cody Alicea to remove an American flag from his bike because of fears that it would trigger “racial tensions.” According to this interview with the Superintendent, Cody has now been informed that he can display the American flag after a review of the supervisor’s decision — and a national outcry.
Continue reading “Middle School Student Told To Remove American Flag To Avoid Racial Tensions”
President Barack Obama continued his effort to preserve the “don’t ask, don’t tell” policy in a filing before the United States Supreme Court. A trial court had imposed an injunction to halt the discriminatory policy. The Administration could have allowed the injunction to stand pending an appeal but succeeded in getting the order reversed. Now, it is defending its intention to continue to discriminate against gays and lesbians in an appeal to the Supreme Court.
Continue reading “Obama Fights To Preserve Don’t Ask, Don’t Tell Before Supreme Court”
I previously posted notice of my retention as a legal expert in the polygamy case before the British Columbia Supreme Court — a case that is being watched closely around the world. My office has received a number of requests for the affidavit, which I have been informed is now part of the public record and is linked below.
Continue reading “Turley Affidavit in Canadian Polygamy Case”
We have filed our post-trial brief in the Senate Impeachment Trial of United States District Court Judge Thomas Porteous. The brief, linked below, presents the factual record on each of the articles of impeachment after the conclusion of the Senate trial. We are expecting final arguments to be heard in December before all 100 Senators on the Senate floor.
Continue reading “The Porteous Impeachment: Post-Trial Brief”
The British Columbia Supreme Court will be some hearing testimony on the criminalization of plural unions — an extremely important case with global ramifications. As has been my practice in past cases, I wanted to confirm my involvement in the case as a court-appointed expert on the legality of such criminal laws. Weeks ago, I was retained to submit written testimony on the right of consenting adults to plural unions under United States and international law.
Rev. Barry Lynn: What’s Wrong With ‘The Family’ And The National Prayer Breakfast
Continue reading “On Piety & Politics: A Video Post About the Separation of Church and State”
