In Raleigh, James Nichols says he wants to find God but he can’t find him in North Carolina. The convicted sex-offender was arrested when he tried to attend church because he is not allowed to be present on any property where children are present, such as in the church’s daycare center. It is only the latest in a series of cases that pit the freedom of religion against sex offender laws.
Continue reading “Finding Jesus in All the Wrong Places: Man Barred From Church Under North Carolina’s Sex Offender Laws”
Category: Constitutional Law
As if by divine intervention, the debate over the separation of church and state was answered today — even as the Supreme Court took up the case of Salazar v. Buono ( 08-472). This picture clearly shows Jesus giving the Constitution to the drafters — resolving any suggestion that the original framers envisioned a separation. It came directly from Jesus and should moot the case heard by the Court today.
Continue reading “The Case Against the Separation of Church and State”
We recently saw the outrage among fundamentalists when questions were raised whether a creationist can be a good mayor at St. Petersburg, here. Now Albuquerque City Councilor Don Harris is mailing voters to warn them that his opponent is . . . wait for it . . . an atheist. It appears that atheists cannot be good city council members since one cannot fill a pothole if your soul is empty of the Lord. The Godless office seeker, David Barbour, is shown on the right.
Continue reading “Keeping Albuquerque Atheist Free: City Council Member Runs On The Lack of Faith of His Opponent”
The Obama administration has shocked many in the civil liberties community with the tacit endorsement of limitations of free speech in the United Nations. We have been following the international trend (here and here and here and here) to criminalize criticism of religions, including this prior column. The Administration has joined the UN Human Rights Council and has agreed to create a “new” standard balancing speech and respect for religion. These new standards are merely thinly disguised blasphemy laws that are spreading throughout the world, including the West.
Whatever David Dewees did or did not do, he was not accused of what The Toronto Star printed before he committed suicide by laying across railroad tracks: molestation of young boys. Yet, the newspaper (the largest in Canada) published a story on his death that can only be described as remarkably cold and callous.
Continue reading “Man Commits Suicide After Newspaper Wrongly Says He Was Charged With Molestation of Boys — Then Issues a Remarkably Callous Account of Suicide”
Below is today’s column on the first day of the October Term for the Supreme Court. It specifically explores the first amendment cases on the docket. There are four major such cases thus far on the docket and, most importantly, two free speech cases that will be strong indicators of the views of Justice Sonia Sotomayor.
Continue reading “Justice Sonia Sotomayor’s Free-Speech Tests”
Elliot Madison, 41, is the subject of an intriguing — and in my view compelling — constitutional fight with both federal and state authorities. A self-described anarchist, Madison was arrested for using Twitter to send messages on the location of police during the G20 protests. Pittsburgh has been accused of excessive measures and this case appears to be one such case.
Continue reading “Criminal Tweets: Man Arrested for Twitter Messages During G20 Protests”
Alabama Supreme Court has joined the debate over morality being the sole basis for legislative restrictions on citizens. The court upheld the state ban on the sale of sex toys purely on the basis that such toys are viewed as immoral. Since Lawrence v. Texas, such morality based laws have been questioned on constitutional grounds. For a prior column, click here.
Continue reading “Love Stuff in Alabama: Supreme Court Rules Morality Can Be Constitutional Basis for Product Bans”
There is a disturbing and important ruling out of the United States Court of Appeals for the Eighth Circuit. In the prisoner case below, Nelson v. Correctional Medical Services, the court examined whether a prisoner guard is entitled to qualified immunity when she shackles a female prisoner during labor despite the objections of the medical staff. Arkansas corrections officer Patricia Turensky was found not to be entitled to such protection for her actions in shackling inmate Shawanna Nelson. The decision was handed down on October 2, 2009.
In what could be an important challenge to same-sex marriage laws, District Judge Tena Callahan has ruled that two gay men married in Massachusetts may divorce in Texas. In so doing, Judge Callahan ruled the state same-sex marriage law to be unconstitutional.
Continue reading “Texas Judge Rules Gay Men Can Secure Divorce in Texas — Rules Texas Same-Sex Marriage Unconstitutional”
The Supreme Court has accepted a major handgun case, McDonald v. Chicago, that will define the scope of the recently recognized individual right under the Second Amendment. It will also allow new Justice Sonia Sotomayor to vote on the very issue that led to much of the opposition against her in her confirmation.
Continue reading “Supreme Court Takes Chicago Handgun Case in Major Test of Second Amendment Rights”
The cheerleaders of Georgia’s Lakeview-Fort Oglethorpe High School appear to be short a cheer for separation of church and state doctrine. They have triggered a constitutional controversy by using Biblical verses as part of their displays to root for the football team to “commit to the Lord” and “take courage and do it.”
Continue reading “Drop Kick Me Jesus Through the Goal Post of Life: Georgia Roots Out Christian Cheerleaders”
It is time to get loaded in Arizona. As we previously discussed, Arizona passed a law protecting the right to bear arms in bars. Well, the day has arrived for those who felt naked in bars with everyone ordering shooters while they left theirs at home.
Continue reading “Free Shooters in Arizona! Friday is Bring Your Gun to Bars Day”
Florida State bar authorities have fined trial lawyer Sean Conway $1,200 for criticizing Ft. Lauderdale Judge Cheryl Aleman on a blog, including calling Conway an “evil, unfair witch.” We previously discussed this case, here. The ruling is a major blow to free speech and another case of courts or the bar overreaching in punishing lawyers and parties for their criticism of judges. What is particularly interesting is that Aleman has been charged with misconduct by the Judicial Qualifications Commission.
Continue reading “Florida Supreme Court Upholds Sanction Against Lawyer Who Called Judge a “Witch” on a Blog”
King County deputy Paul Schene, 31, has been fired over his beating a 15-year-old girl on Nov. 29 incident in a holding cell at SeaTac City Hall. The video below shows a shocking escalation of violence by Schene.
Continue reading “Seattle Officer Fired Over Videotaped Beating of Teenage Girl in Cell”