Category: Constitutional Law

Suicidal Speech: Minnesota Case Raises Difficult Questions Over Assisted Suicide and Free Speech

320px-ChattertonProsecutors in Minneapolis have a fascinating case involving assisted suicide and free speech. Nurse William Melchert-Dinkel, 47, is accused of using Internet chat rooms to convince people to commit suicide, giving them step-by-step instructions on how to kill themselves — preferably so he could watch. At least two people are believed to have fed Melchert-Dinkel’s fetish with their deaths: Nadia Kajouji, 18, and Mark Drybrough, 32 (shown here).
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Rights of the Rubenesque: London Considers Making Fatism a Form of Hate Speech

180px-Rubens_Venus_at_a_Mirror_c1615Today’s column on blasphemy laws may be too narrow. In San Francisco and London, activists are demanding that denigrating someone as fat should be treated as a hate crime like race, age, or faith. “Fatism” is already banned in San Franscisco in housing and workplaces.
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Just Say No To Blasphemy: U.S. Supports Egypt in Limiting Anti-Religious Speech

stone-1Here is today’s column in USA Today on the Obama Administration’s decision to join the U.N. Human Rights Council and support Egypt in recognizing limits on free speech for those who insult or denigrate religion. While the exception was included in a resolution heralding free speech, it was viewed as a major victory for Muslim countries seeking to establish an international blasphemy law.

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How Obama Can Earn the Nobel Prize

225px-official_portrait_of_barack_obamanobel-medal_thumbnail_0Below is today’s brief column in the Los Angeles Times where I joined other writers on how each of us believes President Obama can earn the Nobel Prize, here. For civil libertarians, Obama’s selection is the ultimate triumph of hope over experience. My suggestion is probably predictable for people on this blog.

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Louisiana Justice of the Peace Refuses to Marry Interracial Couples

250px-OthellopaintingKeith Bardwell, justice of the peace in Tangipahoa Parish, Louisiana has become an infamous figure overnight after he refused to marry an interracial couple out of concern for their possible children. However, he helpfully explained “I’m not a racist. I just don’t believe in mixing the races that way.”
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Obama Moves to Change Law to Avoid Supreme Court Ruling on Withheld Detainee Photos

225px-official_portrait_of_barack_obamatorture -abu ghraibPresident BarackN Obama, the world’s newest Nobel peace laureate, is again expanding on the policies of former President George Bush and fighting to conceal evidence of U.S. torture and abuse. As did the Bush Administration, the Obama Administration is seeking to change the law after courts rejected its absurd argument that the President can withhold photos of detainee abuse simply because they are embarrassing to the United States. Democrats in Congress are assisting in the effort to try to stop the Supreme Court from considering the issue by preempting the litigation.

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Sotomayor Joins Conservative Colleagues Over Possible Constitutional Claims by Corporations in Class Action Cases

250px-Sonia_Sotomayor_in_SCOTUS_robeIn light of today’s column on cases testing Sotomayor’s views (and possible alliance with conservatives in key areas), this story may be of some interest. Sotomayor joined Chief Justice john G. Roberts, Jr. and Justice Anthony Kennedy in raising concerns over whether courts are violating the constitutional rights of corporations in class action cases.
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Murder, She Spoke: Court Overturns Convictions Due to Prosecutors Use of Defendant’s Nickname “Murder”

gavel2There is an important decision out of the United States Court of Appeals for the Second Circuit where the conviction of Laval Farmer was overturned due to the prosecutors’ repeated use of his nickname “murder.” After all, his nickname is not “Attempted Murder” Farmer, which is what he was tried for. My only regret is that he was not represented by Richard “Racehorse” Haynes so that the prosecutors could have told the jury not to let “a race horse clear murder.”
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Tall Tale or Felony Crime? Colorado Man Charged With “Stolen Valor” After Making Up Heroic Stories

strandlof-richRichard Strandlof lived a life of distinction. He spoke to children and the media as a survivor first of the attack on the Pentagon on 9/11 and then survived a roadside bomb that killed four fellow Marines. He will now add a further distinction as a defendant in a rare “stolen valor” prosecution after his claims of service were proven false.

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Simply Sonia: Sotomayor’s Colleagues Pick Docket Virtually Tailored To Force Her To Choose Sides

250px-Sonia_Sotomayor_in_SCOTUS_robe Here is this week’s column from Roll Call. It explores the interesting selection of cases this term for the Supreme Court. Justice Sonia Sotomayor’s colleagues could not have selected cases more carefully to address areas of uncertainty from her confirmation hearing. Whether by accident or design, this docket is front-loaded with cases that will force Sotomayor to show her true colors in the first few months of her tenure as an associate justice.
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Drop Kick Me Jesus Through the Goal Post of Life: School Board to Meet on Christian Cheerleader Controversy

150px-Enloecheer210px-Meister_des_Reliquienkreuzes_von_Cosenza_002This week, the Catoosa County School Board in Ringgold, Georgia will meet on controversy over the cheerleaders of Georgia’s Lakeview-Fort Oglethorpe High School who use Biblical verses as part of their displays to root for the football team to “commit to the Lord” and “take courage and do it.”
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Bible Battles: Students Use Free Gideon Bibles in Texas Schools to Beat Jewish Students and Roll Joints

200px-Gideon140px-Family-bibleTexas parents are complaining that a program to distribute free Gideon Bibles at schools may have backfired. So many Bibles were distributed to students in Plano and Frisco that students reportedly began to use them as weapons, sold them, or even uses the pages to roll joints. In one particularly disturbing account, a Jewish boy was attacked by Christian students throwing the bibles at him.
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The Good Faith Defense: Parents Given More Lenient Treatment When Children Die in Faith-Based Neglect

thumb_praying_handsWe have another case of a child dying from a relatively minor condition while surrounded by praying adults. Kent Schaible, 2, died of bacterial pneumonia because the parents Herbert and Catherine Schaible believed in faith-healing and declined to get medical attention for the child in Philadelphia. This is strikingly similar to the case of Leilani and Dale Neumann in Wisconsin who were recently given light sentences in such a faith-based case. As shown below, difficult questions are raised by the disparate treatment given parents who neglect children for religious as opposed to non-religious reasons. Continue reading “The Good Faith Defense: Parents Given More Lenient Treatment When Children Die in Faith-Based Neglect”

Defaming Uncle Joe: Stalin Family Sues Newspaper for Portraying Stalin as Stalinistic

stalinIt turns out that the correct meaning of ‘Stalinistic” is kind, family-oriented, and greatly loved. Or, at least that is the view expressed in a Russian court by Joseph Stalin’s grandson, Yevgeny Dzhugashvili. (Stalin’s given name was Joseph Dzhugashvili). He is suing opposition newspaper Novaya Gazeta for publishing declassified death warrants from the period and offering an unvarnished account of the atrocities under Stalin.
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Obama Wins Nobel Peace Prize

225px-official_portrait_of_barack_obamanobel-medal_thumbnail_0President Barack Obama has won the 2009 Nobel Peace Prize. It is a great honor for this country and for the President. For civil libertarians, however, the prize is a bit of a mixed message. Obama has blocked any investigation of war crimes or torture in violation of international law. He has also supported the limitation of free speech to allow the criminalization of criticism of religion. With less than a year in office, the selection may send the wrong message to Obama that personality rather than principles succeed in both domestic and international politics.
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