Category: Constitutional Law

Texas Federal Court Upholds Denial of Certificate to Institute for Creation Research Graduate School

Creationists have lost a major battle after a federal court in Texas upheld a decision by the Texas Higher Education Coordinating Board to deny the Institute for Creation Research Graduate School a certificate of authority to offer master’s degrees in science. We have previously discussed this new “science” degree.

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Texas Officer Charges Homeowner With “Illegal Photography” For Taking His Pictures During An Alleged Unlawful Entry

We have another case of a citizen arrested for photographing police. Francisco Olvera says that he was charged in Seeley, Texas with “illegal photography” when a police sergeant followed him into his own home, and he objected and took the officer’s photo with his cell phone.
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Supreme Court Rules In Favor Of Expansive Reading of Material Support Law

The Supreme Court rejected first amendment claims and upheld a federal law on providing “material support” to foreign terrorist organizations in Holder v. Humanitarian Law Project. The material support law (found in the 1996 Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)) is the darling of prosecutors and widely ridiculed by civil libertarians for allowing virtually any act to be classified as material support. The ruling is a victory for Supreme Court nominee Elena Kagan and a loss for civil liberties. Notably, however, even the conservatives on the Court found the interpretation of the Obama Administration to be too extreme.

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Ashkenazi and Sephardi Unite Over Separation: Israeli Supreme Court Under Fire For School Ruling

The Israeli Supreme Court has become embroiled in another religious controversy. Last week, the Court struck down subsidies for religious students. Now, tens of thousands of ultra-Orthodox Jews are protesting in various cities after the Court ordered the jailing of some Ashkenazi parents of European descent who refused to send their daughters to a school with girls of Middle Eastern, or Sephardi, descent. Ironically, both groups are protesting the order.

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Nevada Woman Sentenced to Life Imprisonment For Kissing 13-Year-Old Boy and Putting His Hand on Her Breast

In Nevada, the sentence of Michelle Lyn Taylor, 34, is attracting considerable debate. Taylor was convicted of lewdness with a minor under 14 after kissing a friend’s 13-year-old child, putting his hand on her breast, and offering to have sex with him. Her sentence? Life in prison.

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Learning Your Scarlet Letters: School Fires Teacher as Fornicator

Jarrestta Hamilton has been fired as a fourth grade teacher at Southland Christian School in Florida after administrators declared her a fornicator. Hamilton was about to be married but became pregnant before her vows — leading to her dismissal. She has now filed a discrimination lawsuit.

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Turley Joins Porteous Defense as Co-Lead Counsel

In the past, I have disclosed my involvement in high-profile cases to avoid any conflict with this blog or questions why I am not posting on a particular subject. Accordingly, I wanted to confirm that I have agreed to serve as co-lead counsel in the Senate impeachment trial of Judge G. Thomas Porteous.

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Rough Audience: 75-Year-Old Man Faces Seven Years in Jail for Airplane Joke

I have always have considerable concern over the constitutional basis for arresting people who make jokes in airports or airplanes about terrorism or bombs. Now, Draco Slaughter, 75, is facing seven years in prison for making a joke on the way off his flight.
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Egyptian Court Upholds Ruling Stripping Citizenship From Men Who Marry Israeli Woman

An Egyptian court in Cairo has upheld a ruling that any Egyptian man who marries an Israeli woman should be barred from military service and stripped of their citizenship in order to rid the country of “disloyal” elements.

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The Los Angeles Board Calls For Teaching Students About the Arizona Law — Denounced As “Un-American”

The Los Angeles Unified School District school board has announced that all public school students will be taught about Arizona’s new immigration law. Members, however, appear to want the law taught as an example of an un-American and racist law. In a unanimous vote, the board has asked schools to incorporate the lesson as part of their civics classes. I agree with the board that this is an appropriate subject for discussion some classes, but (even as a critic of the law) I have serious concerns over teaching students that such a law is “Un-American.”
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Bush: “I’d Do It Again”

Former President George W. Bush proudly proclaimed this week “Yeah, we water-boarded Khalid Sheikh Mohammed . . I’d do it again to save lives.” Fortunately, he will not be given another chance but, due to the actions of President Obama and Attorney General Holder to bar any investigation or prosecution of torture, future presidents may well indeed to do it again.
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