Category: Constitutional Law

Obama’s Minister: Sing “God Damn America”

The complications of the faith-based politics seems to be building. First, McCain has been criticized for his support — and warm acceptance of support — from religious bigots and extremists. Now, Obama is facing statements from his minister, Rev. Jeremiah Wright that blame the U.S. for 9-11 and encourage blacks to sing “God Damn America” rather than “”God Bless America.” This recent video also shows Wright attacking Clinton. Continue reading “Obama’s Minister: Sing “God Damn America””

Court Stays Running Fines Against Locy in Anthrax Litigation

The United States Court of Appeals for the District of Columbia blocked the $5000 a day fines imposed on former USA Today reporter Toni Locy by Judge Reggie Walton for refusing to reveal her sources in stories about the criminal investigation of the 2001 anthrax attacks. The lawsuit was brought by Steven Hatfill, a scientist ruined by intentional leaks by government officials. Continue reading “Court Stays Running Fines Against Locy in Anthrax Litigation”

Airline Pilots Challenge the Fair Treatment for Experienced Pilots Act

As counsel to older pilots around the country challenging the Age 60 Rule, I have been litigating the FAA’s orders forcing hundreds of experienced pilots into retirement upon turning 60 years old. The recent enactment of the Fair Treatment for Experienced Pilots Act merely replaced one Age 60 regulatory rule with an even more arbitrary and capricious Age 60 statutory rule. Below is our contesting the enforceability of the act in our ten pending appellate cases. Continue reading “Airline Pilots Challenge the Fair Treatment for Experienced Pilots Act”

Federal Judge’s Order Could Financially Ruin Former Reporter for Protecting Sources

Former USA Today reporter (and now West Virginia journalism professor) Toni Locy faces financial ruin after an extraordinary order from U.S. District Court Judge Reggie Walton. The court imposed $5000 a day on her personally for refusing to disclose her sources in the case filed by former Army scientist, Steven J. Hatfill related to the 2001 anthrax attacks. The question is whether this order will finally prompt Congress to pass a need federal shield law. Continue reading “Federal Judge’s Order Could Financially Ruin Former Reporter for Protecting Sources”

Secret Service Bar Sikh Leaders From Meeting with the Pope over Ceremonial Knife or Kirpaan

Representatives of the Sikh faith have been barred by the Secret Service from participating in a meeting with Pope Benedict XVI next month because they wear the Kirpaan, or ceremonial knife. Given the fact that these would be leaders of the Sikh faith, the Secret Service appear like perfect morons in barring the Sikhs. Continue reading “Secret Service Bar Sikh Leaders From Meeting with the Pope over Ceremonial Knife or Kirpaan”

Bush Vetos Ban on Waterboarding — Democrats Feign Shock

President Bush waited until Saturday to veto the ban on waterboarding, hoping to diminish press and congressional attention. He had nothing to fear. Both democrats and republicans have already guaranteed that Bush will not be held accountable for the torture program. After effectively decriminalizing torture, the objections heard from Democrats should be met with a healthy degree of scorn. Continue reading “Bush Vetos Ban on Waterboarding — Democrats Feign Shock”

Newspaper Appeals $18 Million for Publishing True Story in False Light Case

Pensacola News Journal faces possible insolvency if the Florida Supreme Court upholds an $18 million judgment against it for publishing true facts in a false light case. At issue is the inclusion of true facts about how Joe Anderson, the owner of one of the state’s largest paving companies, killed his wife. The inclusion of those facts in a series on the paving company was viewed as actionable false light — an allegation that a Florida jury accepted. Continue reading “Newspaper Appeals $18 Million for Publishing True Story in False Light Case”

The Supreme Redux: Is John McCain Ineligible to Be President?

Imagine this. The country is fresh from a close presidential election when the Supreme Court is asked to decide who will be president. If you are thinking about the 2000 election, think again. The expected nomination of John McCain for president could trigger a fight over a relatively obscure provision in the Constitution: the requirement that president and vice president be “natural born” citizens. McCain is certainly a citizen, but there is a legitimate question of whether he is a “natural born citizen” given his birth in the Panama Canal. Continue reading “The Supreme Redux: Is John McCain Ineligible to Be President?”

School Officials Punish Student for Saying Bad Things About Them on Her Home Computer

It often seems like school officials are waging a war on the first amendment. Only recently, school officials in Alaska prevailed in the “Bong hits 4 Jesus” case, a major rollback of student rights and free speech interests. Now, school officials are seeking to extend their reach not only to public demonstrations like the Alaskan case but the Internet and extracurricular speech. Avery Doninger, a student as the Lewis S. Mills High School in Connecticut is being punished for calling school officials a name on the Internet and saying that an administrator is “pissed off.” She appears to be right, they barred her from serving in  a student government position because they do not like what she writes at home. Now there is a valuable lesson — it just belongs to a different political system. Continue reading “School Officials Punish Student for Saying Bad Things About Them on Her Home Computer”

Nebraska Police Officer Fired Over Assocation With KKK-Linked Group

In what could be an important first amendment case, a Nebraska police officer, Robert E. Henderson, is fighting to keep his job after being fired for his associations with a group affiliated with the Ku Klux Klan. It is only the latest such action taken against officers over their private lives or views. Continue reading “Nebraska Police Officer Fired Over Assocation With KKK-Linked Group”

Atheist in a Foxhole: Soldier Sues Over Discrimination on the Basis of Faith (Or the Fact Thereof)

So this is why “there are no atheists in a foxholes.” Army Spc. Jeremy Hall says in a lawsuit that he was told that he could not be promoted because one of the jobs would be to pray with his soldiers. Of course, if true, this would mean that a puppy thrower like Marine Lance Corporal David Motari would be eligible so long as he professes to believe in God. Otherwise, you have no right to die for th e country unless you think that you will go to heaven. This could be a significant case in the making. Continue reading “Atheist in a Foxhole: Soldier Sues Over Discrimination on the Basis of Faith (Or the Fact Thereof)”

How I Learned to Stop Worrying and Love the Telecoms: Bush Calls On All Americans to “Thank” the Telecoms

As President Bush appears to be winning over House Democrats to join their Senate counterparts in granting immunity, President Bush says in this video that it is not enough to wipe out roughly 40 civil liberties lawsuits — citizens need to say “thank you” to the telecom companies for their “patriotic” actions. The fact that the program constitutes a crime under our laws is besides the point. The real issue is who will thank telecoms for not allowing a bunch of laws stand in the way of warrantless surveillance of their customers. Continue reading “How I Learned to Stop Worrying and Love the Telecoms: Bush Calls On All Americans to “Thank” the Telecoms”