There is a human rights complaint in Ottawa, Canada after Jenna Vecchio was asked by a female employee of Movati Athletic club not to wear a tank top as too revealing. Vecchio has gone public with pictures to say that she was humiliated by all of the attention in the club over her wearing the tank top . . . which she has posted.
Category: Constitutional Law
We have been discussing the roll back on free speech rights in Germany and the recent controversy over Chancellor Angela Merkel’s decision to first apologize to authoritarian Turkish President Recep Tayyip Erdoğan for a satirical poem and then approve the prosecution of the comedian is a shocking and chilling disgrace. The crackdown on comedian Jan Boehmermann has shocked many the West. Despite the global condemnations of Merkel and her government in its yielding to Erdogan, there is at least one German judge who shows the same Merkelian disregard for free speech. A court in Hamburg banned Boehmermann from publicly reading his poem. Indeed, the court ruled that only six lines of the 24-line poem could be recited. It is an absurd case of prior restraint and a chilling example of how free speech is under attack in the West.
Louisiana State Rep. Kenneth Havard is under fire this week for a measure that would have required strippers in Louisiana to be no older than 28 and weigh no more than 160 pounds. The amendment was . . . well . . . stripped from the bill after objections.
I have been critical of the continuing refusal of the D.C. city council to adhere to the rulings of the United States Supreme Court on the Second Amendment. Nevertheless, the city continues to fund unsuccessful litigation that seems entirely detached from the controlling constitutional standard in cases like Heller. We previously discussed the prior defeat of the D.C. law curtailing guns rights. Now for the second time in two years, a federal court has enjoined the enforcement of the city’s concealed-carry law. In this case, the city imposes a standard that applicants must state “good reason” to carry a weapon in order to obtain a permit from police. In a 46-page ruling by U.S. District Judge Richard J. Leon, the court declared the District’s gun-permitting system is likely unconstitutional. This law was the response to the court striking down the prior law in 2014.
Continue reading “D.C. Concealed Gun Law Struck Down For The Second Time In Two Years”
There is a fascinating free speech case developing in Alabama where Gov. Robert Bentley approved a law banning firms that boycott Israel from doing business with Alabama state and local governments. It is a measure pushed hard by pro-Israel activists and is likely to replicated around the country. However, SB81, sponsored by Republican Sen. Arthur Orr, raises core free speech and associational rights. What is ironic is that it is a Republican measure that would seem to deny the type of free speech rights recognized in corporations in cases like Citizens United. If corporations have free speech rights like citizens, could a state bar anyone who was opposed to Israel from state employment or contracts? A court challenge would raise some very difficult and frankly close questions on the right of states to make such a distinction.
This afternoon, Judge Rosemary Collyer issued a final ruling in United States House of Representatives v. Burwell, the challenge to unilateral actions taken by the Administration under the Affordable Care Act (ACA). Judge Collyer ruled in favor of the House of Representatives and found that the Administration violated the Constitution in committing billions of dollars from the United States Treasury without the approval of Congress. The historic ruling reaffirms the foundational “power of the purse” that was given to the legislative branch by the Framers.
Continue reading “HOUSE OF REPRESENTATIVES WINS HISTORIC RULING IN CONSTITUTIONAL CHALLENGE UNDER THE ACA”
Politicians being barred from office for misconduct is unfortunately not new, but Iranian politicians Minoo Khaleghi, who won a seat in the city of Isfahan in February, transgressed by allegedly allowing a picture to be taken of her without a head scarf. While Khaleghi insists the photos are fake, Dispute Settlement Committee of Branches ruled that she cannot be sworn into office for violating Islamic values. A religious body previously made clear that they would not allow voters to elect Khaleghi.
Continue reading “Iranian Lawyer Barred From Parliament Based On Photos Taken Without A Head Scarf”
As many of you know, one of my chief focuses as an academic is the separation of powers and that I hold a robust view of legislative authority under Article I. Indeed, I view the erosion of legislative authority in the United States to be one of the most dangerous trends in our country. That is why I noticed a story out of New Zealand where the Prime Minister John Key was actually tossed out of Parliament for not adhering to the rules of the body. It was an incredible moment at a time where executive powers are being consolidated around the world. For those who still believe in equal legislative power in a tripartite system, it was a rare contemporary assertion of independent authority.
Continue reading “New Zealand Prime Minister Thrown Out OF Parliament”
There is another bizarre free speech case out of Europe. This case involves a 28-year-old man in Coatbridge Scotland who taught his pug to give a Nazi salute to a screen showing Adolph Hitler. He was arrested after posting a video for hate speech.
Continue reading “Scottish Man Arrested After Teaching Dog To Give Nazi Salute”
It will be my distinct pleasure to serve as the keynote speaker today at the conference of the American Society of Cataract and Refractive Surgery (ASCRS) in New Orleans. I will be addressing the society tonight in New Orleans on the rise of the Fourth Branch and how it relates to the practice of medicine in the 21st Century. It is always fun to return to New Orleans where I started my teaching career at Tulane University, though this will regrettably have to be a short visit due to a speech in Michigan. Since today is my birthday, I will have to at least get out to a couple of my favorite haunts for some good food and drinks with the Napoleon House at the top of the list for a Pimm’s Cup . . . or two.
Continue reading “Turley To Speak At ASCRS Conference in New Orleans”
Backed by the United States, President Abdel Fattah al-Sisi has led a crackdown on civil liberties in Egypt, particularly when it comes to critics and journalists. In Egypt, a teenager was jailed for cartoons of Muhammad and a leading businessman was attacked for a cartoon of Micky Mouse with a beard. Then there was the three-year sentence given Amr Nohan, a 22-year-old law graduate for posting a Facebook image of al-Sisi with Mickey Mouse-style cartoon ears shown above. A leading cartoonist Islam Gawish, 26, was arrested in Egypt by the hyper sensitive al-Sisi government. This year, al-Sisi went after journalists who dared to even criticize his policies as a criminal act against the state. Now al-Sisi has finally had enough with the pretense of civil liberties. On Wednesday, he reportedly rejected even the notion that civil liberties should apply to Egypt as a “Western perspective.” In other words, such freedoms have no place in Egypt. What is really remarkable is that he told his to a congressional delegation from the United States without fear of any question over the massive aid that he receives from this country.
We have followed the rapid decline of civil liberties under the authoritarian rule of Recep Tayyip Erdoğan in the past few years as well as his empowering of Islamic parties in the once secular state. When Erdogan first ran, he assured Turks that he was committed to the secular traditions and constitution of the country. He then did precisely the opposite in power by chipping away at secular laws, introducing Islamic governing principles, and assuming authoritarian power. Now,Turkish Parliament Speaker Ismail Kahraman has finally taken Erdogan’s policies to their natural conclusion and called for the dismantling of secular government and the creation of an Islamic state. Now, Erdogan is again saying “trust me” and, that secular values remain safe in his hand..
Continue reading “Turkish Parliamentary Speaker Calls For Islamic State”
As Western leaders like Angela Merkel cave into the authoritarian demands of Turkish President Recep Tayyip Erdogan in crushing free speech, journalists and cartoonists are fighting back. After a Dutch journalist was arrested in Turkey this weekend for allegedly insulting President Recep Tayyip Erdogan, the most-read newspaper in the Netherlands threw down the gauntlet and published a front-page editorial cartoon that shows Erdogan as an ape crushing Europe’s free speech. Since Erdogan demands the prosecution of journalists even outside of Turkey who insult him, the publication could force another confrontation with the aspiring dictator. In the meantime, the West (including the United States) continue to prop up Erdogan as he destroys secular government in Turkey, arrests journalists, and denies the most basic forms of free speech.
Late Monday, the Brown family filed their appeal in the United States Court of Appeals for the Tenth Circuit in Brown v. Buhman, No. 14-4117. The Sisters Wives case raises core issues of free speech and free exercise — constitutional violations found by the trial court in striking down the Utah cohabitation law. This “en banc” petition is to the entire Tenth Circuit in seeking review of the recent panel decision vacating the earlier decision on standing grounds.
Continue reading “Brown Family Asks Entire Tenth Circuit To Review Sister Wives Decision”
Our close ally in Turkey this week is continuing his comprehensive attack on free speech and free exercise. A Dutch journalist, Ebru Umar, a well-known atheist and feminist journalist, is the latest victim of the crackdown by Turkish president, Recep Tayyip Erdoğan. Erdoğan was recently given a boost to his scorched earth campaign by Chancellor Angela Merkel’s decision to first apologize to him for a comedian making fun of him in Germany but also approved a prosecution of the comedian . As Merkel abandoned any semblance of free speech in Germany to appease Erdoğan, the authoritarian leader set out to punish Western journalists in his own country who dared to criticize him. Umar recently wrote a piece critical of Erdoğan for the Dutch daily Metro, extracts of which she then tweeted. Her last tweet chillingly said “Police at the door. No joke.”
Continue reading “Turkey Arrests Western Journalist For Criticizing Erdoğan”