Category: Constitutional Law

Academia, Constitutional Law, Free Speech, Society

Unfriended: Three Indiana Teens Expelled Over Facebook Banter

We have another case of school kids being punished for statements made outside of school on a social media site. I have previously criticized this trend where both students and teachers are being denied free speech rights as schools extend their reach into homes and private lives. In this case, you have three Grade 8 girls from Griffith Middle School on Facebook dishing about how they would love to kill. It is in my view clearly a basis for the girls to be called into the office with their parents. However, the American Civil Liberties Union of Indiana has sued a Northern Indiana school over the disciplining of the girls.

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Constitutional Law, Courts, Criminal law, Politics, Society

Supreme Court Hears Oral Arguments Over Arizona Immigration Law

The Supreme Court is hearing oral arguments today in the immigration case of Arizona v. United States. I published a column in USA Today yesterday on the case. I discussed the case yesterday on NPR’s Diane Rehm Show and will be updating this blog with developments and I will be on NPR’s Here and Now to discuss the case at noon. Continue reading “Supreme Court Hears Oral Arguments Over Arizona Immigration Law” →

Constitutional Law, Criminal law, Media, Politics, Religion, Society

Unorthodox Exception Or Preferential Treatment? Brooklyn District Attorney Refuses To Release Names Of Orthodox Jews Accused Of Child Abuse

There is an interesting story out of Brooklyn. The Brooklyn District Attorney routinely releases the names of charged individuals — as do all prosecutors. However, Brooklyn District Attorney Charles Hynes has decided not to release the names of Orthodox Jews charged with child sex abuse in deference to their “tight-knit and insular” community. That seems like preferential treatment given a particular religious group — a group with considerable political power in New York.

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Columns, Congress, Constitutional Law, Courts, Criminal law, Lawyering, Media, Politics, Society, Supreme Court

Nothing Succeeds So Much As Failure: Obama Could Use A Loss In The Immigration Case

Below is today’s column in the USA Today on the arguments this week in the immigration case, Arizona v. United States. (Docket No., 11-182). At issue is Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) directing state law-enforcement officers to cooperate and communicate with federal officials regarding the enforcement of federal immigration law. Beyond the difficult constitutional and statutory questions in the case, there is another element to the case that could come within months of the 12th anniversary of Bush v. Gore

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Academia, Constitutional Law, Religion, Society

Vanderbilt Strips Religious Group of Recognition For Requiring Officers To Have Religious Commitment

I have previously discussed the collision between anti-discrimination laws and free exercise of religion. Now, Vanderbilt University has stripped a Christian student organization of official recognition (and presumably funding) because it requires its members to have a personal commitment to Jesus Christ.

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Constitutional Law, Courts, Criminal law, Justice, Lawyering, Politics, Society, Supreme Court

Don’t Mess with Texas’ Executions

Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

As an Illinois resident I was heartened by the fact that a former governor took the politically dangerous action to halt all executions and recently the current Governor of Illinois signed a bill to  end the death penalty in Illinois.   Tribune   With that background, I was saddened to read that since 1976, more than 1/3rd of all executions that took place in our country happened in Texas. Since 1976, Texas has executed 481 people.  Truth Progress  Why does Texas continue to execute people when many experts assert that the death penalty is not a deterrent to violent crime?   Continue reading “Don’t Mess with Texas’ Executions” →

Columns, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society, Supreme Court, Testimony

Zimmerman: Media Circuses Make for Bad Justice

Submitted by: Mike Spindell, Guest Blogger

At this point, to be honest, all of the back and forth regarding “evidence” in the Zimmerman Case that has occurred here over a number of threads has been mere speculation that misses the salient issues raised by this case. The real (admissible) evidence will be presented at the trial and a hopefully an unbiased jury will make its decisions. The issues that we need to discuss from my perspective are:

1. Did the Sanford Police make a mistake in releasing Zimmerman rather quickly and allowing him to retain his gun, which was potential evidence?

2. Was there undue outside influence used upon the police to end their investigation quickly?

 3. Is there a degree of probability that in many Stand Your Ground venues, had the victim been white and the protagonist of color, that the protagonist would have been immediately arrested?

4. What are the purposes of a business oriented lobbying group, like ALEC, in getting “Stand Your Ground” Laws passed?

5. Is this once again an instance where a media circus has poisoned the ability to have a fair trial? Continue reading “Zimmerman: Media Circuses Make for Bad Justice” →

Bizarre, Constitutional Law, Politics, Religion, Society

Catholic Bishop: Obama Acting Like Hitler and Stalin

What happened to those homilies about the prodigal son and rendering unto Caesar what is Caesar’s? Parishioners were surprised with this Sunday’s homily by Peoria Bishop Daniel Jenky comparing President Barack Obama’s health care policies to policies of Adolf Hitler and Josef Stalin.

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Bizarre, Constitutional Law, Courts, Lawyering

Dicta or Diatribe? Appellate Judge Writes Opinion Denouncing Limits on “Cowboy Capitalism”

D.C. Circuit Judge Janice Rogers Brown has long been controversial since her nomination was opposed by many for what were viewed as extreme view as a member of the California Supreme Court. She was finally confirmed in a deal in the Senate that many denounced as a surrender by Democrats. Now Brown has used an opinion to denounce “powerful groups” and courts for limiting “Cowboy capitalism” that she says has been “disarmed” in America.

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Congress, Constitutional Law, Supreme Court

Did The Founding Fathers Back Health Insurance Mandates? (Updated)

-Submitted by David Drumm (Nal), Guest Blogger

Harvard Law School professor Einer Elhauge writes that the very first Congress, in 1790, passed a law that included a mandate that ship owners buy medical insurance, but not hospital insurance, for their seamen. That Congress included 20 framers and was signed by another framer: President George Washington. In 1792, Washington signed another bill, passed by a Congress with 17 framers, requiring that all able-bodied men buy firearms. In 1798, Congress, with 5 framers, passed a federal law that required seamen to buy hospital insurance for themselves.

Why weren’t these examples cited by the Solicitor General during his oral argument?

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Congress, Constitutional Law, Criminal law, Justice, Lawyering, Politics, Society

Jury Selection Starts In Edwards Case with Controversial Campaign Finance Charges

Jury selection began yesterday in Greensboro, N.C., in the federal trial of former presidential candidate John Edwards. Because of the extremely prejudicial aspects of Edwards’ infidelity while his wife was battling cancer, voir dire and pre-trial motions in limine will be critically important in the case. Equally important will be the legal basis for the campaign finance charges in the case over the use of third-party funds to hide his affair with Rielle Hunter. In my view, the charges stretch the law too far but the government will still have to convince a jury. The greatest danger for the defense remains the prejudicial elements and how they may warp the jury’s view of the facts and legal standard.

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Constitutional Law, Free Speech, International, Media, Politics, Society

Roma Advocates Seek Ban Of Swiss Magazine Over Incitement

We have followed the growing trend toward criminalization of speech in the West. This morning we have another such story out of Germany over a cover on the Swiss magazine Die Weltwoche, on the increasing numbers of Roma in Switzerland. The cover shows a Roma boy pointing a gun and critics have called for the magazine to be banned for racial incitement. There is ample reason to debate the merits of the cover story, entitled “The Roma are coming.” However, once again, there is a move to ban unpopular speech rather than allow free speech to be its own disinfectant.

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Constitutional Law, Courts, Lawyering, Media, Politics, Society, Supreme Court

ABA President Criticizes Obama For Judicial Activism Comments

ABA President Wm. T. (Bill) Robinson III has issued a statement criticizing President Obama’s statement that voting against the health care law would be “judicial activism” In a letter to the Wall Street Journal, Robinson called the remarks “troubling.”

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Bizarre, Constitutional Law, Criminal law, Free Speech, International, Politics, Religion, Society

Egyptian Court Sentences 17-Year-Old Christian Boy To Three Years In Jail For Cartoons of Mohammad on Facebook

We have for years been following the rising number of blasphemy prosecutions not only in the Muslim world but, even more worrisome, in the West. Now, an Egyptian court has added a new outrage in sentencing a 17-year-old Christian boy to three years in jail for publishing cartoons on Facebook deemed mocking of Islam and the Prophet Mohammad. It is the latest example of the abuses of Sharia law and the danger of intermingling religion and government.

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Constitutional Law, Courts, Justice, Lawyering, Media, Politics, Society, Supreme Court

Doubling Down: Holder Calls Obama’s Judicial Activism Criticism “Appropriate”

While the White House and the President backtracked from Obama’s recent statements regarding the Supreme Court, Attorney General Eric Holder succeeded in reigniting the controversy by calling the comments about judicial activism “appropriate.” As I noted earlier, the effort of the White House to modify the statement of the President notably did not include a retraction of the judicial activism statement. Holder’s statement appeared to reaffirm that the omission was intentional.

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