With today’s speech by Iranian president Mahmoud Ahmadinejad, legislators are threatening to pull state funds unless Columbia engages in self-censorship and bars the speech. Columbia has not been a particularly reliable first amendment advocate in the past. In a shocking display of anti-free speech conduct, students shutdown a speech by the head of an anti-immigration movement and did not have punishment. Continue reading “Academic Freedom Under Attack: Legislators Threaten to Punish Columbia for Ahmadinejad Speech”
Category: Constitutional Law
I used to live in Alexandria Louisiana and I can certainly attest to a few throw backs and racists in that part of the country. However, the arrests yesterday of an adult and a minor for dangling nooses off the back of a pick-up truck raises some very serious first amendment issues. In the controversy over the Jena, La. cases, police appear to have attacked quickly to make the arrest. However, a noose is a symbol of expression for bad or good. It should be protected speech. The case could return the courts to the question of when a burning cross can be prosecuted as hate speech — a very controversial matter recently ruled upon by the Supreme Court (in upholding criminal prosecution for a cross burning on private property).
For the picture of the nooses and the full story, click here
For years, academics have been divided over the movement to bar military recruiters from campus as a discriminatory organization. It is clear that the “don’t ask, don’t tell” policy is discriminatory and therefore violates the standard bar on potential employers who engage in discrimination based on race, religion, gender or sexual orientation. However, while I have been a vocal support of gay rights on many fronts, I was one of those who opposed the litigation that my law school joined. At the time, I stated that it was not only a clear loser on the law but it represented a type of hypocrisy: we insist that we cannot allow discrimination but, if money is at stake, we will allow it. The only principled decision would have been bar the military regardless of the consequences. For an column on the issue, click here
Now Yale has reached its price. However, one must ask if, considering the outrage in court papers, this is like saying that we will allow racially discriminatory employers on campus if they offer us enough money. For the article, click here.
Published in January 2006
Following oral argument on Dec. 6, the U.S. Supreme Court is now pondering the wisdom of Solomon.
The Solomon Amendment withholds federal funds from any school that does not provide the same access to military recruiters as it does to other potential employers. Law schools have rallied against the rule for violating their nondiscrimination policies as well as their constitutional rights of speech and association. In the balance are the right of Congress to condition the receipt of federal funds, the right of free speech-and literally billions of dollars that could be lost by schools unable to reconcile anti-discrimination policies with their receipt of federal money. Continue reading “The Solomon Amendment and Hypocrisy”
Only a day after the Meyer video, a new video shows Rev. Lennox Yearwood being thrown to the ground and arrested by Capitol Hill police outside of a hearing room. The incident occurred September 10th. For a video of the incident, click here. The video of the incident shows little beyond verbal resistance. It is particularly alarming to see that Capitol Hill police are charging him with assaulting an officer. No such assault appears on the tape. Historically, police has treated any contact as an assault — which is an abuse of this category of offense. Continue reading “Video: Rev. Lennox Yearwood Tackled, Arrested, and Injured on Capitol Hill”
Supporters of the D.C. vote bill have failed to secure the necessary 60 votes to move the measure to the floor for a vote. Continue reading “No Vote for D.C. After Failure in Senate to Secure 60 Votes”
Jusge Michael Mukasey, former chief of the United States District Court for the Southern District of New York, has been formally nominated by President Bush. Continue reading “Judge Mukasey is the New Bush Nominee for AG”
The the International Brotherhood of Electrical Workers (IBEW) has promised to appear a decision upholding the right of a small New Jersey town to ban the use of a 20-foot inflatable rat as a symbol of line crossers at a labor protest site. It raises a very interesting constitutional issue. The ordinance banning such signs is fairly common in limiting commercial speech. Here, however, we have pure political speech. The conflict between the first amendment and time-place-and-manner restrictions should be interesting.
For the full story, click here
In what appears to be case of unnecessary force and arrest directed against students, Orlando police arrested individuals at a college Rosh Hashanah prayer service. It is a common complaint from students: they object to treatment by officers and are promptly arrested. I have seen a number of these abuses, where officers punish citizens for voicing objections by making them spend the night in jail or face arraignment. For the most recent story, click here This follows a shocking video recently of another officer openly taunting a young man with his ability to make up reasons to arrest him. For the vido, click here
Published in Roll Call September 13, 2007
Cases Offer Insight On Congressional Investigations
For most of their careers, there were two men in Congress who could not be more different geographically, culturally or politically than Sen. Larry Craig (R-Idaho) and Rep. William Jefferson (D-La.). Yet, both men are now making arguments to their respective houses that are virtually identical: Congress has no right to investigate or to punish them for their alleged misconduct outside of Congress. Putting aside the vitriol following their arrests, both men have actually raised some compelling arguments that have been largely ignored by the press. Continue reading “Craig and Jefferson: Congressional Investigations and The Need for Congressional Restraint”
The opening of the controversal arabic-centered public school in New York, once again, raises the issue of the reintroduction of separate but equal principles in America.
A prior column addressed this problem in a different context in Chicago: Continue reading “America’s Separate But Equal School System”
Warren Jeffs, a cult-like leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints, will start jury selection today for his trial on two counts of first-degree felony rape as an accomplice for his alleged role in coercing the 2001 marriage and rape of a 14-year-old girl. Continue reading “Polygamist Goes on Trial”
Various judges have ruled against the Bush Administration’s various national security programs as well as provisions of the Patriot Act. Continue reading “Judge Strikes Down Parts of Patriot Act”
In a case with some interesting first amendment implications, a police officer has been fired after the department learned that he ran an explicit porn website that showed him and his wife. The Arizona police officer sold “vulgar and indecent” sex videos, which included scenes with his wife. The Ninth Circuit ruled against Ronald Dible and in favor of the Chandler, Arizona police department. The Court held that an officer could be fired for “sleazy” conduct — rather than protecting his individual right to engage in lawful forms of expressions. It is another version of the porn internet legal fight that has been raging. The Supreme Court has protected the right of porn sites over federal statutes. For the story, click here
Germany has long viewed the Church of Scientology as a cult and investigated the organization for a variety of crimes, including murder. Now, Belgium prosecutors have completed a ten-year investigation and concluded that the Church of Scientology is a “criminal organization.” For the story, click here