Category: Constitutional Law

Question of the Day: Is This Impersonating a Police Officer?

News_619734aThe Space Hijackers pride themselves on creative and artistic forms of protest — often against police abuse. They were a bit surprised to learn that citizens can easily confuse a person in red high heels, frilly stockings, and a helmet for a police officer. It appears that English officers are far more adventuresome than our own police.

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Kodac and Kevlar Moment: Video Appears to Show Pittsburgh Police During G20 Protests Using an Arrested Citizen as a Prop for a Group Photo

Now this video is a bit difficult to explain. It appears that police took an arrested protester, made him kneel in front of them, and then took a group picture in Pittsburgh.

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Christians Protest Placement of Ganesh (Elephant God) Statue at Calgary Zoo

lotus-sculpture_2072_39770795A Christian group in Calgary has organized a campaign to protest an elephant statue in the zoo that resembles Ganesh, the Hindu God. The group is challenging the three-meter statue as “selective religious partiality.”
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Client Fires Orly Taitz and Threatens Bar Complaint Against Her As Judge Explores Sanctions

orly2 Orly Taitz, the lawyer and de facto leader of the “Birther” litigation, has filed a motion to withdraw from further representation of Dr. Connie Rhodes after Rhodes accused her of filing new papers in Rhodes v. MacDonald without her approval and after she agreed to be deployed by the military. Taitz is also facing a possible $10,000 fine from United States District Court Judge Clay D. Land, who previously dismissed the action. Taitz declared in one filing: “This case is now a quasi-criminal prosecution of the undersigned attorney.” She is already facing a California bar complaint and Rhodes is promising to file a new complaint against her for her “reprehensible” representation.
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Polish Court Awards Damages to Woman Who Was Compared in Article to the Nazis for Trying to Obtain an Abortion for Health Reasons

85px-Herb_Polski.svgA Polish court has awarded Alicja Tysiac $11,000 against a Catholic magazine, Gosc Niedzielny, after the magazine compared her to a child killer and a Nazi. While it is impressive to see a court levy such damages against a Catholic publication in this very Catholic nation, the ruling does raise freedom of speech issues.
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Contrition Through Aggression: ACORN Sues Filmmakers While Claiming Regret Over Misconduct of its Employees

logoAs we discussed earlier, ACORN has decided to move forward with a lawsuit against the independent filmmakers who showed its employees engaged in potentially unlawful conduct. While insisting that it is terribly sorry for the actions of its employees, ACORN is pursuing the people who forced the misconduct into the open: filmmakers James O’Keefe and Hannah Giles. It is curious method of contrition but ACORN is seeking massive damages for nonconsensual surveillance.
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Florida Man Challenges Law Criminalizing the Publication of Address and Telephone of Police Officers

thumb_policeman_cartoonThere is an interesting case developing in Florida where Robert Brayshaw is facing a year in jail under a law that makes it a crime to post a local police officer’s phone number and address. The law raises serious constitutional questions under the first amendment. Brayshaw posted the information on a site called ratemycop.
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Jury Acquits Denver Officer Who Broke Teeth of Man By Slamming His Head Into the Pavement

Cordova_Michael.jpggenthumbIt took a jury only two hours to acquit Denver Police officer Cpl. Michael Cordova of excessive force, even though a videotape (below) of his actions breaking the teeth of John Heaney caused public outrage. Cordova faced a charge of third-degree assault after he slammed Heaney’s face into the pavement while Cordova served as a member on an undercover anti-scalping Vice unit.

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Obama Administration Moves to Dismiss Lawsuit By Gay Married Couples Over Federal Benefits

225px-official_portrait_of_barack_obama180px-New_York_City_Proposition_8_Protest_outside_LDS_temple_20Civil libertarians have been objecting that liberals are ignoring the Obama Administration’s continuation of a number of Bush programs and policies — in contradiction to President Obama’s presidential campaign promises. From torture to unlawful surveillance, Obama has continued the positions of President Bush in federal courts in seeking to dismiss lawsuits and claim sweeping executive privilege authority. Now, the Obama Administration is seeking to get a court to dismiss a lawsuit by gay married couples from Massachusetts who are challenging the denial of federal marriage benefits.
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Jewish Patrols in Jerusalem Are Targeting “Mixed” Jewish and Arab Couples in Campaign for Religious Separation

250px-Laughing_couple660px-flag_of_israelsvg1There is a growing controversy in Jerusalem’s Pisgat Ze’ev neighborhood where groups of Jewish men are regularly patrolling the streets to prevent Jewish women from dating and socializing with Arab men. The group called Eish L’Yahadut (Fire for Judaism) is composed of roughly 40 men who have been accused of some violent encounters as they seek to break up such socialization. They deny that they use force, but admit that sometimes confrontations have turned violent.
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Louisiana Approves New Rules Allowing Teachers to Challenge the Basis of Evolution While California Court Rules that Teacher Violated Constitution By Criticizing Creationism

140px-Charles_Darwin_by_G._Richmond180px-Creation_of_the_Sun_and_Moon_face_detailThere are a couple of interesting stories on the continued struggle over teaching evolution in public schools. In Louisiana, the state has approved special rules allowing teachers to challenge the basis of the theory of evolution. In California, a court ruled that a history teacher’s criticism of creationism violated the Constitution.

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Happy Constitution Day (Explanation Below)

220px-Scene_at_the_Signing_of_the_Constitution_of_the_United_StatesToday, I have the honor of being the Constitution Day Speaker for the Kent Gardens Elementary School in McLean, Virginia. A recent poll in Oklahoma City, however, suggests that before we celebrate the Constitution, we may have to explain what it is. This includes gaps in such basis knowledge as “who was the first president of the United States?” Only 23 percent could name George Washington.

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Federal Judge Calls Obama “Birther” Challenge “Frivolous” and Orly Taitz Calls for Judge to Be Tried for Treason

orly2U.S. District Court Judge Clay Land issued a stern warning to attorney Orly Taitz (left) and others in the so-called “birther” campaign: do not file another such “frivolous” lawsuit or you will face sanctions. Land threw out the lawsuit filed on behalf of Capt. Connie Rhodes who is an Army surgeon challenging her deployment orders due to President Barack Obama’s alleged ineligibility to serve as President. Land (a Bush appointee) noted that “[u]nlike in ‘Alice in Wonderland,’ simply saying something is so does not make it so.”

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Ohio Death Row Inmate Given One-Week Reprieve After Officials Fail to Find a Vein

art.ohio.executionRomell Broom, 52, was given a rare one-week reprieve when officials struggled for hours to find a vein strong enough to handle lethal injection. The scene was particularly grotesque for critics of the death penalty as Broom awaited his death for hours as he was pricked and probed. Ohio Gov. Ted Strickland eventually ordered the one-week delay to allow prison officials time to figure out the best vein to use to execute him.
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