In Minnesota, three eighth graders have been suspended for sitting during the pledge of allegiance. The principal of Dilworth-Glyndon-Felton Junior High School states that, while they are not constitutionally required to recite the pledge, they must still stand for the pledge. It is difficult to see how students are protected from pledging but must give the outward appearance of approving or respecting the pledge and flag. Continue reading “Pledge or Perish: Eighth Graders Suspended for Lack of Patriotic Respect”
Category: Constitutional Law
For many years, civil libertarians have complained about the increase in “no knock”warrants, particularly after the decision in 2006 by the Supreme Court in Hudson v. Michigan. Now, it appears that no knocks have collided with another trend: castle doctrines or “make my day” laws allowing homeowners to defend their homes with lethal force. When Tracy Ingle in North Little Rock heard someone coming through his window, that is precisely what he did. He grabbed his legal handgun and pointed it at the window. A shot immediately ran out, severing most of one leg. After he fell from the bed, he was hit by four more shots from police — who later charged Ingle with assaulting them, even though he had not fired a single shot. Continue reading “No Knock Meets the Castle Doctrine: Man Shot Five Times by Police, No Drugs Found, Arkansas Man Charged with Assaulting Officers”
A twelve-year-old Muslim girl and her parents have been told by a German court that she must attend co-ed swimming lessons despite her religious objections to wearing formfitting clothing. The court in North Rhine-Westphalia said that the school’s interest in teaching swimming outweighs the bona fide religious objections of the parents. It appears that free style outweighs free exercise in Germany. Continue reading “Sin-chronized Swimming: German Court Holds that Muslim Girl Must Swim Despite Religious Prohibitions”
Six members of the Philadelphia police department are under investigation after the airing of a video shot from a helicopter of them kicking and punching three suspects after a traffic stop. Continue reading “Shock Video: Six Officers Under Investigation for Taped Arrest and Beating”
In the law, some people become immortal through a case name. Most reach such immortality through stupid or savage criminal acts like Miranda or Gideon. In the case of Mildred Loving, the case name seemed to fit the principle precisely: she and her husband Richard fought for their right to marry and against the Virginia miscegenation laws. She died this week at 68. Continue reading “Mildred Loving Dies”
My colleague, GW Professor John Duffy is causing quite a stir on the patent court and bar. Duffy has identified a rather clear constitutional problem in how patent judges have been selected — raising credible concerns over whether they — and by extension their past opinions — are legitimate. Continue reading “Crisis in the Patent Bar: Are 46 Judges (and their Past Opinions) Invalid?”
Wendy Gonaver is a Quaker from Pennsylvania and a lifelong pacifist as well as an instructor in American studies. She was ready to start teaching at Cal State when officials presented her a loyalty pledge to to “defend” the U.S. and California constitutions “against all enemies, foreign and domestic.” It is precisely the type of free speech and free exercise issue that Gonaver expected to teach about. She will not have the chance. When she declined the pledge, she was told that she could not teach in any public school in the state. It is the Cal State version of the Thomas More oath for teachers. Continue reading “California’s Thomas More Pledge: Cal State Fires College Instructor for Refusing to Sign Loyalty Oath”
A Tennessee couple, Robin and Michael Read, who lost their son in Iraq has sued an Arizona tee-shirt maker, Dan Frazier for selling anti-war tee-shirts with the names of dead soldiers (including their son). They are seeking $40 billion in damages in a class action lawsuit. Continue reading “Family of Dead Soldier Sues Tee-Shirt Seller in Class Action”
Lesbians in Greece have gone to court to establish that they are not lesbians. Natives of the island of Lesbos are asking a court in Athens to establish that homosexual women are not lesbians — unless presumably they live on the island of Lesbos. Continue reading “What will the Isle of Man Say? Lesbians Sue Over Name”
In Memphis, Tenn., people are shaking their heads over the decision of Daphne Beasley, the principal of Hollis F. Price Middle College High School in South Memphis, who published the names of gay students who were “couples” on a list with heterosexual couples. The result was to “out” the students — a potentially dangerous course. Continue reading “Public Affection (No), Public Beating (Yes): Memphis Prinicipal Outs Two Gay Students”
Oklahoma has again tinkered with the decision process leading to an abortion. Under a new law, a woman would be required to go through an ultrasound procedure and given the chance to see the fetus that she is aborting. Continue reading “Oklahoma Passes Mandatory Ultrasound Law for Abortion Patients”
Ginnah Muhammad is a Muslim woman in Michigan who was forced to decide whether to violate her religious principles (in removing a veil before testifying) or to lose her small-claims lawsuit. Muhammad wears a full hijab as well as a niqab, a veil that covers all but a 2-inch space for her eyes.When she refused, Hamtramck district court in 2006 dismissed her case. She has not appealed to the federal court. Continue reading “Not-So-Blind Justice: Muslim Woman Appeals Ruling Over Wearing of the Veil in Court”
It appears that, while U.S. courts are jettisoning privacy rights and expanding the powers of the police in various areas, the Supreme Court of Canada is moving in the opposite direction: actually fighting to preserve privacy. In an important ruling, the Court held that police cannot use dogs to randomly sniff briefcases, book bags etc. They will have to show reasonable suspicion for such searches. Continue reading “Canada Puts Leash on Use of Drug-Sniffing Dogs”
Soldier Jeremy Hall is the atheist in the foxhole that everyone says does not exist. Perhaps for that reason, some people seem quite upset to find him there – debunking the idea that belief in God is a prerequisite for being a good soldier. Hale, 23, is now suing Defense Secretary Roberts Gates over what he claims is harassment and discrimination over his non-religious views. Continue reading “Atheist in the Foxhole: Soldier Sues Gates for Discrimination”
Professor John Yoo has formally rejected a request from the House Judiciary Committee for his testimony, prompting a likely subpoena from the committee.
Continue reading “Professor John Yoo Refuses to Testify on Torture Memos”