The Eighth Amendment clearly states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Bridgett Nickerson Boyd found a new meaning to that prohibition after Deputy Sheriff Mark Goad pulled her over on a Texas highway. After she had to go to the hospital with a racing heart, she was handcuffed and, she alleges, required to listen to Rush Limbaugh on the radio. By any measure, that would shock the conscience as cruel and unusual punishment.
Continue reading “Cruel and Unusual Punishment? Woman Sues Over Arrest and Being Forced To Listen To Rush Limbaugh”
Category: Constitutional Law
The Obama Administration is moving against the new Alabama law on illegal immigration — as it has the Arizona law. I have discussed the novelty of such challenges, which may soon include other states. I will be discussing the Alabama law on NPR’s Diane Rehm Show on Wednesday, October 5th.
Continue reading “Justice Department Appeals Alabama Immigration Ruling”
Below is today’s column in USA Today (to run in paper form on Wednesday) on President Barack Obama’s claim to the right to kill citizens as dangers to the nation. Ironically, the day after I wrote the Los Angeles Times column on Obama’s disastrous impact on the civil liberties movement in the United States (including his assertion of the right to kill citizens on his own authority), the U.S. killed two citizens in Yemen. Notably, Ron Paul (who has emerged as the only candidate discussing these issues from a civil libertarian perspective) suggested an impeachment inquiry based on the killing of the two citizens. Below is the column in USA Today.
Continue reading “The Hit List: The Public Applauds As President Obama Kills Two Citizens As A Presidential Prerogative”
Below is today’s column in the Washington Post (Sunday) exploring the growing infusion of religious pitches and policies in the presidential campaign. With the anniversary this week of the Danbury letter, this is a particularly good time to take account of the condition of the wall of separation. Today is also the day of the “Red Mass,” the annual religious service held with members of the Supreme Court before the start of their term and leading Republican and Democratic politicians. While the separation of church and state is not mentioned in the Constitution, this exchange cemented the phrase in our legal and cultural lexicon. The piece below does not delve into the meaning of the First Amendment and whether it can be read broadly or narrowly given its language and history. Even if one accepts that the establishment clause was only designed to prevent the creation of an official church, there remains the long-standing principle in politics and government against the intermingling of church and state. To put it simply, religion is back in politics. While the targeted religious minorities may have changed from Baptists to Muslims, the fight over separation has resumed with the same politicized piety that once tore this country apart.
Continue reading “Separation of Church and State? Not on the 2012 Campaign Trial”
Few people would mourn the passing of radical U.S. cleric Anwar al-Aulaqi. However, his reported death from a U.S. air strike raises the long-standing question over President Obama’s insistence that he can unilaterally label a citizen as a terrorist and order his killing. It is one of the policies (of many) that Obama continued from his predecessor, George W. Bush, and was one of the subjects of my column yesterday in the Los Angeles Times.
Earlier today, I posted another case out of Illinois where an officer arrested a citizen for recording him in public — only to have the charges later dropped without any disciplining of the officer. Now in New York city we have another alleged case where an officer detains a citizen over public videotaping — not of him, mind you, but of ground zero. Meredith Dodson of Georgia says that Officer Mark DeSimone not only detained her but became threatening with her and other citizens who objected to his arbitrary action over her taking a photo of the famous site.
Continue reading “Georgia Woman Reportedly Detained For Taking Photo Of Ground Zero”
We have yet another person arrested for recording a police officer in public. Louis Frobe felt he was wrongly stopped for speeding and decided to use his phone to videotape and record the stop and its surroundings. When he held the phone outside of the window to videotape the surrounding area, the officer proceeded to arrest him and charge him with a felony in Illinois. The arresting officer is identified in a lawsuit as Ralph H. Goar of the Village of Lindenhurst.
Continue reading “Police Arrest Illinois Man For Videotaping Traffic Stop”
Saudi King Abdullah has again taken a step toward modernity. Yesterday, he revoked a sentence of 10 lashes imposed on a woman who drove a car. This follows his earlier decision to allow women to vote. The problem is that there is no law criminalizing driving by women. It is a religious edict which continues to apply to citizens with the same force of the law.
Continue reading “Saudi King Revokes Flogging Punishment For Female Driver”
Below is today’s column in The Los Angeles Times on the record of Barack Obama on civil liberties and his impact on the civil liberties movement in the United States.
Continue reading “Obama and the Decline of the American Civil Liberties Movement”
There has long been an reasonable expectation among citizens that, if they are falsely accused of an offense, they will not have to pay either the fine or the cost of a hearing. Indeed, even if found guilty, there is generally not a charge for seeking justice in a court. Not in Salem, Massachusetts. The state supreme court ruled last week that motorists must pay the state even if they win their cases in court. The cost of fighting a ticket is $75, which can be roughly the cost of the ticket itself. It is a system that makes a mockery of the right to challenge a charge. No wonder so many witches were burned in the town . . . most could not afford the cost of an appeal.
A Kuwaiti court on Sunday sentenced a Sunni Islamist activist to three months in jail for tweeting comments that were deemed derogatory to Shiite Muslims. I have previously written about the increase in such blasphemy prosecutions, including a trend in the West, as well as President Obama’s decision to support a U.N. resolution embracing the concept of blasphemy prosecutions – an abandonment of our long opposition to such laws. As previously discussed in a column and a line of blog stories (here and here and here and here), various Western governments have been curtailing free speech by prosecuting blasphemy and speech against various groups. In this case, Mubarak al-Bathali was convicted over his use of Twitter. It appears that you can blaspheme in 140 words or less.
Continue reading “U R BdBy: Kuwait Jails Blogger For Tweet Critical of Shiites”
In Bay Minette, Alabama, felons are being given the opportunity to climb the wall. Not the prison wall, mind you. The Alabama court and local police are helping felons over the wall of separation of church and state by giving convicted citizens an opportunity to avoid jail if they volunteer — so long as it is with a church.
Continue reading “Alabama Courts Give The Convicted The Choice Between Jail and Church”
We often criticize Saudi Arabia for its treatment of women and religious minorities under its extreme religious laws. Accordingly, we should also not hesitate to praise the country when it moves toward giving greater freedoms or embracing tolerance for minority groups. On Sunday, Saudi King Abdullah announced on Sunday he was giving women the right to vote and run in municipal elections.
Continue reading “Saudi Women Given The Right To Vote”
Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
When it comes to the Second Amendment and guns, it seems that President Obama can’t make anyone happy. Ever since Obama announced his candidacy for the Presidency, the NRA has screamed that Obama will be taking away the guns. This scare tactic continued when Obama defeated John McCain for the Presidency. Just what has Barack Obama done to make the NRA and gun owners frightened for their guns? The simple answer to this question is nothing. Continue reading “Second Amendment Boogey Man”
Submitted by: Mike Spindell, guest blogger
To my mind the greatest movie satire on the idiocy of the Cold War and the fear it inspired in humanity, was Stanley Kubrick’s masterpiece “Dr. Strangelove, or How I learned to Stop Worrying and Love the Bomb”, released in 1964. The plot in brief was, “An insane general starts a process to nuclear holocaust that a war room of politicians and generals frantically try to stop”. For those unfamiliar with one of the best American movies of all time check this link: http://www.imdb.com/title/tt0057012/
Rent the movie if you haven’t seen it, for it will bring you dark laughter and present you with much to ponder. At the time of its release, some disparaged the movie as being un-credible in its characterizations and not believable in it premises. I hadn’t thought of the movie in years until I came across this article at the website Buzzflash.com titled “The Theology of Armageddon” by Robert Koehler. http://blog.buzzflash.com/node/13024 . The article is relatively brief, but well worth your time.
The article deals with a course titled “Nuclear Ethics and Nuclear Warfare” at Vandenberg Air Force Base, given under Air Force auspices. As the Robert Koehler states:
“(I)t turns out that the point of the mandatory course, which was recently canceled by the Air Force after officers of numerous faiths complained to the Military Religious Freedom Foundation about it and Truthout published an exposé in July, was to give officers in the first week of missile-launch training a Bible-verse-studded indoctrination in faux-Just War Theory (cynically known in the ranks as the “Jesus Loves Nukes” training)”.
What got me thinking of the movie Dr. Strangelove was a quote in the article from Dr. Wehrner Von Braun, which makes credible the satiric reality of the movies title character, Dr. Strangelove, hysterically portrayed as a heavily accented former NAZI, by Peter Sellers. Seller’s character was widely denounced as being unfair to Von Braun, at the time, but seeing this quote from him makes me wonder:
“We knew that we had created a new means of warfare and the question as to what nation . . . we were willing to entrust this brainchild of ours was a moral decision more than anything else,” von Braun is quoted as saying. “We wanted to see the world spared another conflict such as Germany had just been through and we felt that only by surrendering such a weapon to people who are guided by the Bible could such an assurance to the world be best secured.”
To me this is post facto justification by von Braun of his choice of the comfort of an honored life in the U.S. mirroring his NAZI lifestyle and providing a sop to detract from the truth that he was an enthusiastic war criminal. Von Braun had developed the V (I & II) guided missiles for the NAZI’s and became the head of the United States Ballistic Missile Program. Von Braun was a NAZI Party member of distinction and it seems dedication. His missiles fell upon Great Britain in the closing days of WW II as an attempt to cause terror within the British people and were random in their destruction. That he then became an honored man in the U.S., rather than a defendant at Nuremburg, is a tribute to our own hypocrisy in prosecuting the Cold War. A similar mindset seems to have infected some in our Air Force as I will show. Continue reading “As We Careen Towards a Dream of Armageddon”