Category: Constitutional Law

Bush Administration Loses Major Case of Transgender Discrimination at Library of Congress

The Library of Congress has lost a major discrimination case brought by a former special forces commander. Diane Schroer (formerly David Schroer) was hired as a senior terrorism analyst, but then denied the position when he informed the Library of Congress that he intended to have a sex change operation. The opinion below is an important victory for transgender rights and a baffling decision by the Justice Department to defend such a clearly discriminatory act.
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Oh, Say, Can You See My Lawyer: Josh Howard Denounces National Anthem in Video

There is an interesting controversy over the free speech rights of a major league basketball player and a team’s effort to avoid unpopular public demonstrations. Mavericks player Josh Howard is shown in the video below disrespecting the national anthem and saying that, as an African-American, he was opposed to it. Obviously, school children have the right not to sing the song as do adults. The question is whether a player can be sanctioned under a contract for embarrassing public displays.
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Half-Baked Alaska: State Attorney General Cites Loyalty to Palin in Refusing Lawful Supoenas

This may not be what the McCain/Palin campaign meant by carrying on the Bush legacy, but Gov. Sarah Palin has refused to comply with subpoenas in the investigation of her firing of Alaska’s former public safety commissioner. Now, her Attorney General has refused to comply with the lawful legislative subpoenas. That sounds vaguely familiar.
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Florida Judge Finds Baggy Pant Law Unconstitutional

Riviera Beach, Florida is facing a crisis. The city’s new law to criminalize “saggy” or baggy pants has been struck down as unconstitutional. Palm Beach Circuit Judge Paul Moyle appears to believe that the Constitution protects people from having their clothing style choices dictated by politicians. What a rube in a robe. Who will not protect the good people of Riviera Beach from the clothing choices of others?
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“Modesty Squads”: Orthodox Jewish Vigilantes Terrorize Israeli Citizens

Taking a lead from Muslim religious police and extremist gangs in countries like Saudi Arabia and Iran, orthodox Jews have created their own “modesty squads” to beat and terrorize residents who do not adhere to their own extreme religious views in ultra-Orthodox Maalot Dafna neighbourhood in Jerusalem. This includes throwing acid on girls who are not sufficiently modest. The government’s policy of carving out special neighborhoods for sects like the Haredi clearly contributes to this religious-based thuggery.
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First Permit Then Powwow: Santa Rosa Faces Challenge on Permit Rule for Ceremony on Private Land

The American Civil Liberties Union has an interesting challenge on behalf of the Echota Cherokee Indian Tribe: contesting the need for a permit for a Powwow from Santa Rosa County for a ceremony on private land.

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Court Overturns James Ford Seale’s Conviction for 1964 Murders

Prosecutors were heralded recently for their prosecution of James Ford Seale for the kidnapping of two black teenagers in Mississippi in 1964 that led to the deaths of Charles Eddie Moore and Henry Hezekiah Dee. The former klansman was tried over 40 years after the crime, but a panel of the United States Court of Appeals for the Fifth Circuit has ruled that the prosecution violated the five-year statute of limitations for such crimes.

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Ordering Thai to Go: Thailand’s Prime Minister Thrown Out of Office Over Cooking Show

Thailand’s prime minister Samak Sundaravej was found guilty of violating the countries constitution and forced to resign along with his Cabinet on Tuesday. His offense? He hosted a cooking show. It appears to take a bit more in this country and Speaker Nancy Pelosi is expected to defend Samak that his regular appearance on the show is no evidence that he had a cooking show.

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Russians Move Against South Park; Kenny in Hiding

Russia seems intent on making itself and its leaders into cartoon caricatures of late. Thus, it should be no surprise that the Russians are actually fighting cartoon characters in court. Russian prosecutors have filed an action against the South Park series after “experts” concluded that it “bore signs of extremist activity.” The prosecutors are seeking to ban the program.
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The Methodist Menace: Fiji Human Rights Commission Finds Planned Conversions of Non-Christians to be Violation of Freedom of Religion

In a very curious ruling, the Fiji Human Rights Commission has found that the proposed campaign by the Methodist Church Conference to convert non-Christians in Fiji would violate the freedom of religion under the country’s constitution and international law. It is difficult to see how prostylizing for voluntary conversions would violate the freedom of religion under any definition.

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UCLA Faces New Controversy Over Use of Race in Admissions

UCLA is facing a renewed controversy over the use of race in its admissions policies after Political science professor Tim Groseclose resigned in protest from the Admissions committee. He has charged that the school is covering up illegal use of race as a selection criteria — a long simmering controversy at the school.
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Anti-Christ or Artistic Angst: Pope and Catholic Activists Seeks Removal of Kippenberger Art Piece of Crucified Frog

An art museum in Bolzano, Italy has refused demands from Catholics, including Pope Benedict XVI to take down and no longer show “Zuerst die Fuesse” (“First the Feet”), an art piece by the late German artist Martin Kippenberger showing a crucified frog. The frog’s eyes are shown popping out and his tongue sticking out. He wears a loincloth and holds a mug of beer and an egg in its hands.

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Castro Regime Arrests Outspoken Punk Rocker for “Social Dangerousness”

Cuban authorities have arrested and jailed punk rocker Gorki Aguila for “social dangerousness,” a charge that could carry up to four years in prison. Aguila has been an outspoken critic of the Castro brothers and their brutal regime. The arrest is a telling reminder to celebrities and gadflies who continue to fawn on Castro that he remains a dictator who denies basic freedoms to a people.

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Potty Patriotism: Atheist Thrown Out of Yankee Stadium for Trying to Go to Bathroom During the Singing of God Bless America

A rather fluid first amendment controversy is brewing over police conduct at the Yankee stadium. Fan Brad Campeau-Laurion says that when he tried to go to the bathroom during the singing of “God Bless America,” he was roughed up a bit and then thrown out of the stadium. It appears that this has been a long complaint by fans over a sing-or-get-out policy by George Steinbrenner.
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