Category: Constitutional Law

Constitutional Law, Politics, Religion

Ron Paul And The Separation Of Church And State

-Submitted by David Drumm (Nal), Guest Blogger

Rep. Ron Paul (R-Texas) sees a war on religion being waged by the elitist, secular Left. Paul claims the “separation of church and state” is a phrase taken out of context from Jefferson’s letter to the Danbury Baptists. According to Paul, courts have misread and distorted the meaning of the first amendment so that children are banned from praying in school, courthouses are prohibited from displaying the Ten Commandments, and citizens are prevented from praying before football games.

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Constitutional Law, Religion, Society

Pareidolia

-Submitted by David Drumm (Nal), Guest Blogger

The World Trade Center cross was discovered in the debris of the collapsed buildings by construction worker Frank Silecchia who declared “it’s an act of God.” The cross was removed from the debris pile, erected on a concrete pedestal, and placed nearby in a prominent position during the years of reconstruction. During the removal, Fr. Brian Jordan, a Roman Catholic Franciscan priest, blessed the cross with holy water. In june, 2002, Archbishop Leonardo Sandri, the Vatican’s third-highest-ranking cleric, and New York’s Cardinal Edward Egan participated in a ceremony at the cross.

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Constitutional Law, Criminal law, Free Speech, Politics, Religion, Society, Uncategorized

The Day Happy Died: New Year To Bring End To Happy Hours In Utah

The New Year brings a host of new laws that kick in on the first. For citizens in Utah, the New Year will bring an end to Happy Hours. That’s right, the heavily Mormon state has continued its harassment of citizens who drink and outlawed “drink specials.”
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Bizarre, Constitutional Law, Media, Politics, Religion, Society

Paul’s Preacher Probem: Meet Phillip G. Kayser

It seems like every election we have another extreme religious figure who becomes a campaign issue for a candidate. Obama had Rev. Wright and McCain had Rev. Hagee and Parsley. Sarah Palin has an actual Kenyan witch hunter. Now Ron Paul has his own embarrassing association. The preacher is Rev. Phillip G. Kayser, a pastor at the Dominion Covenant Church in Nebraska, who has a following in Iowa. The Paul campaign issued a press release (that it later removed from its site) heralding the endorsement of Kayser. The problem is that Kayser believes that gays should be executed according to biblical law. It was a a highly destructive endorsement for Paul who is attracting civil libertarians to his campaign. No one can stop someone from endorsing you, but the campaign clearly sought this endorsement from an extremist with reprehensible views. Unlike Wright, Kayser is not Paul’s personal minister, but the press release made him Paul’s problem in reaching out to civil libertarians.

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Constitutional Law, Free Speech, Politics, Religion, Society

Catholic Church In Illinois Closes Adoptions Centers To Avoid Anti-Discrimination Laws

Catholic bishops in Illinois have followed their colleagues in other states and shutdown adoption centers rather than comply with anti-discrimination laws requiring equal treatment for gay couples. Despite my support for gay rights and same-sex marriage, I have previously written that anti-discrimination laws are threatening the free exercise of religion. There is a possible distinction between areas like tax exempt status as opposed to contracting with the state. While I strongly disagree with this tenet of Catholic faith, I do not believe that religious organizations should be forced to abandon such principles under anti-discrimination laws as a general matter. Yet, it becomes a more difficult argument in the context of a state contract where the church has decided to compete for government contracts.
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Constitutional Law, Criminal law, Free Speech, International, Politics, Religion, Society

Pakistani Police Arrest Christian For Blasphemy in Church on Christmas

In Lahore, Pakistan, police arrested Amanat Masih while he was in church on Christmas day. Masih, 50, was arrested for blasphemy — the second such arrest based on what he insists are trumped up charges by one man. He was previously sent to jail for more than three years for blaspheming Islam.
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Constitutional Law, Criminal law

Connecticut Man Accuses Police Of Raiding His Apartment, Punching and Stomping Him, and Then Trashing His Apartment . . . Without Finding Any Drugs

The New Haven Independent has published some disturbing pictures of Tomas Torres who says that police raided his apartment looking for drugs and immediately punched him in the face, stomped on his head, and then laughed at him as they tore apart his apartment. They found no drugs and charged him with no crimes. He was left with bruises and an apartment that was completely trashed.
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Academia, Animals, Bizarre, Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Religion, Science, Society

Just Two Days Left In The ABA Competition: We Need Your Vote!

Just as Henry V rallied the thin, tired troops on the eve of the Battle of Agincourt, it is time to make that final call for votes in this year’s competition for the top opinion blog by the American Bar Association. There are now just two days left and, while we have pulled ahead in the last week, the contest remains very close with one of the top five largest legal blogs. If you like our blog, it is time to pony up and vote.

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Constitutional Law, Criminal law, Free Speech, Media

North Carolina Police Reportedly Arrest Woman Who Refuses To Turn Over Cellphone After Filming Alleged Abuse

In Jacksonville, police are being accused of arresting and beating the wrong man in response to a report of a fight on Christmas Eve. They then arrested family members who say that were just trying to stop police from beating their relative. Daisy Besancourt, 57, was charged with failure to disperse on command, after she reportedly filmed the police and refused to turn off her phone.
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Constitutional Law, Free Speech, International, Media, Politics, Religion

Orthodox Jews Clashes With Police Over Segregation of Women

The previously discussed tension between Orthodox Jews and the Israeli government has reached a flash point with violent clashes in the town of Beit Shemesh near Jerusalem. Reporters have been attacked by Orthodox Jews in filming the town.

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Constitutional Law, Courts, Politics, Society

Montana Voters Move To Recall Senators Over Votes Allowing Indefinite Detention of Citizens

We have been discussing the disconnect between citizens who have repeatedly opposed continued rollbacks of civil liberties and the Democratic and Republican leadership pushing for such rollbacks, including the recent provision allowing indefinite detention of citizens under the National Defense Authorization Act of 2011 (NDAA). Now Montana citizens have decided to try another approach given the non-responsive attitude of our leaders — they are moving to remove their two Senators from office over their votes in favor of indefinite detention powers.

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Constitutional Law, Courts, Free Speech, Justice

The Irony of Free Speech in California

Respectfully submitted by Lawrence Rafferty(rafflaw)-Guest Blogger

The term is one that is familiar to all of us.  The First Amendment gives all citizens the right of Freedom of Speech and the right to assemble.  Simple enough, right?  Evidently it is not so simple in the State of California.  Recently, members of Occupy Los Angeles were arrested while making full use of their First Amendment rights and after posting a $5,000 bond to get out of jail, were offered a deal to avoid a trial.  The Free Speech defendants were told that if they took a class offered by a private company for the mere cost of $355.00, they would not have to go to court for a trial.

At first glance that offer sounds reasonable.  Just what is the “class” all about? “For $355, protesters can pay a private company for lessons in free speech. American Justice Associates offers the educational program taught by an attorney – Neil G. Anderson – a former police officer and Supervising Deputy District Attorney for Sacramento County, and his partner attorney Deborah Bryce McKinley of Atlanta, GA.”  Crooks and Liars  Continue reading “The Irony of Free Speech in California” →

Constitutional Law, Courts, Criminal law, Lawyering

Judge and Former Prosecutor of the Year Accused Of Withholding Evidence That Sent Innocent Man To Jail For 25 Years

Michael Morton, 57, spent nearly 25 years in prison for murdering his wife before he was able to force Texas authorities to finally test DNA evidence that proved his innocence. Now he is demanding that the prosecutor be held accountable for withholding evidence. The problem is that the then-Williamson County District Attorney Ken Anderson, now a district judge in Georgetown (left).
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