The Saudi Association for Civil and Political Rights is a respected organization established by intellectuals who seek to protect human rights in the Kingdom and the creation of both democratic and legal institutions that guarantee such rights. Not surprising, the Saudi government has treated such ideas as terroristic threats and has jailed many of its members. The latest is one of the founders Issa al-Hamid who was convicted of inciting people to breach public order, insulting the judiciary, defaming the kingdom’s senior religious clerics and establishing an unlicensed organization. Our close ally in the Middle East has once again shown how it stands in direct opposition to the most basic rights of free speech and free exercise. Rather than actually move its laws and government out of the Middle Ages, the Kingdom has hired a variety of top firms, including leading establishment figures like Tony Podesta, to improve its reputation with the American public (particularly with the expected release of the long withheld 9-11 reports pages that reportedly implicate Saudi officials in the attack.
Category: Constitutional Law
By Darren Smith, Weekend Contributor
German Chancellor Angela Merkel keeps digging herself deeper with her latest statement regarding her government’s prosecution of satirist Jan Böhmermann at the behest of Turkish President. Now, the chancellor expresses her regrets for offering support to President Erdoğan at the expense of her countryman, claiming it was a “mistake”.
Continue reading “German Chancellor Merkel Continues To Lose Credibility On Free Speech Issues”
There is a rather bizarre case out of Texas where Whole Foods was sued by Pastor Jordan Brown of Austin’s Church of Open Doors. Brown said he ordered a cake from Whole Foods meant to read “Love Wins” — a slogan associated with the movement to legalize same-sex marriage — but the store instead wrote “Love Wins. Fag.” The very notion of Whole Foods, an iconic brand for liberals, producing an anti-gay cake is news in itself. Indeed, Whole Food was initially apologetic and shocked by the news. That soon turned to a more confrontational and angry reaction after the store reviewed the security tape. The store has countersued and suggested that Brown added the offensive language.
We have been discussing the increasing monitoring and punishment of public employees for statements made during their personal time, including speech normally protected as free speech. The latest example of this trend is Dr. Eric Walsh, a public health expert who also serves as a lay minister. Walsh was fired for sermons on issues ranging from homosexuality to evolution. He has now filled a lawsuit and could prove important in exploring the protection for public employees with regard to political and religious speech outside of work. There remains an uncertain line as to the right of public employees to engage in free speech outside of work that may be offensive or insulting to particular groups or faiths. As a general rule, free speech demands bright-line rules to avoid the chilling effects that come with such uncertainty.
For civil libertarians, the administration of President Barack Obama fallen well short of the great expectations from his first election. Indeed, despite his high polling numbers with liberals, President Obama has left one of the worst records of modern presidents in areas like privacy, press freedom, transparency, and unilateral executive action. The antagonistic position of the Obama Administration with the media was evident in this year’s ranking by Reporters Without Borders. The U.S. is ranked 41 out of 180 countries in term of the “level of freedom of information in 180 countries.”
Continue reading “The United States Ranked 41st Among Nations In Press Freedom”

I will be testifying this morning at 10 am before the Senate Committee on Homeland Security and Governmental Affairs in SD-342, Dirksen Senate Office Building . The hearing, entitled “The Administrative State: An Examination of Federal Rulemaking” will look at the role of agencies in rulemaking in the federal system.
Continue reading “Turley to Testify On The “Administrative State” In Senate Hearing”
There is another controversy over the punishment of a teacher for statements made on his private time on social media. In this case, University of Sydney tutor Wu Wei, the business school’s head corporate finance tutor, used the pseudonym Pekojima and did not speak at a faculty member. However, his students found him out and exposed such statements like Wu calling Chinese students “pigs” (using the symbol “tun”) and accusing them of cheating “due to low IQs.” The comments appeared on the Chinese micro-blogging site Weibo and caused a firestorm.
As if to leave no doubt about the evisceration of free speech in Germany after the decision to prosecute comedian Jan Boehmermann for insulting Turkish President Recep Tayyip Erdogan, the founder of Germany’s anti-Islamic PEGIDA movement will appear in court on hate speech charges for branding refugees “cattle” and “scum” on social media. The views of Lutz Bachmann, 43, founder of the far-right “Patriotic Europeans Against the Islamisation of the Occident” movement, are obnoxious and hateful but his views of migration generally and migrants in particular should be protected speech.
Continue reading “German Right-Wing Politician Stands Trial For Anti-Immigrant Comments”

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. Merkel, who hails from the former Communist East Germany, has never been a reliable ally to free speech but the crackdown on comedian Jan Boehmermann has shocked the West. Even with the recent rollback of free speech rights in Europe, Merkel’s actions (and the cringing response of ZDF television) has been wake up call for all civil libertarians.
By Darren Smith, Weekend Contributor
Free speech rights in Germany took another worrying turn for the worse when German Chancellor Angela Merkel personally approved an investigation of a German citizen accused of insulting Turkey’s President Recep Erdoğan, a world leader personally responsible for the erosion of free speech in this NATO member state.
The timing and enthusiasm, despite proffers to the contrary, of the German government’s persecution of satirist Jan Böhmermann for his broadcast of a poem critical of President Erdoğan coincides directly with the German Government trying to reach a re-settlement agreement with Turkey to address the refugee crisis besieging many European nations–a situation politically damaging to Merkel’s image.
We featured numerous articles relating to President Erdoğan’s attacks on newspapers, individuals, internationals, and any critics of him who are within reach of this grasp, citing a bizarre form of Lèse majesté laws as justification. Now, Merkel is demonstrating a willingness to use a rather dusty remnant of such a statute in Germany as a tool to preserve the ego of a foreign head of state, to accomplish a domestic political goal.
For his part, Mr Böhmermann risks five years incarceration for the act of reciting poetry. In several day’s time, he became a convenient scapegoat to placate a foreign leader bent on resurrecting a Neo-Ottoman-Empire, with Erdoğan as its sultan.
Continue reading “Scapegoats Of The Ottoman Empire: Merkel Sacrifices German Satirist To Placate Turkey’s Erdoğan”
The media is still trying to learn details about the latest arrest of a Westerner in the Middle East for the exercise of free speech. The 25-year-old woman was reportedly arrested in Abu Dhabi for insulting the United Arab Emirates. This allegedly occurred while waiting for a taxi at the Abu Dhabi International Airport.
Continue reading “Abu Dhabi Arrests U.S. Woman For “Insulting The United Arab Emirates””
This afternoon, the United States Court of Appeals for the Tenth Circuit issued its decision in Brown v. Buhman, No. 14-4117, reversing the decision striking down the cohabitation provision of the Utah polygamy law. The opinion of the panel is attached below. The panel ruled entirely on standing grounds and did not address the merits of the constitutional violations committed in the case. As lead counsel in the case, I have been going over the opinion with our team including our local counsel, Adam Alba, as well as the Brown family. We respectfully disagree with the panel on its interpretation of the governing law and we will appeal the decision.
Continue reading “TENTH CIRCUIT REVERSES SISTER WIVES DECISION”
The Indiana State Police has fired a controversial trooper who had been sued twice in the past 18 months for allegedly preaching to citizens after traffic stops. Senior Trooper Brian Hamilton, 40, was a 14-year veteran of the agency.
Continue reading “Indiana Trooper Fired After Continuing To Question Drivers About Their Faith”
We have been discussing the surge of Islamic extremism in Bangladesh, particularly targeting secular writers. This week we have another tragic victim: law student and secular writer Nazimuddin Samad, 26. For simply espousing secular viewpoints, Samad was hacked to death by three or four men on his way back home from classes. Samad and other victims have appeared on a list of 84 “atheist bloggers” published by Islamic extremists.
Continue reading “Sixth Secular Writer Murdered in Bangladesh”
There is another story of an employee fired over her exercise of free speech in her private life. The speech itself is vile and upsetting. Erica Walker is a radical activist associated with the the New Black Panthers Party and extremist Eric Sheppard Jr. Sheppard is on the run after organizing a protest at Valdosta State University Campus in Georgia where he stomped on an American flag. A gun was found in his backpack and he is wanted by the police. Walker has staged her own protests in walking on the flag. However, after she was identified, her employer, 1380 WAOK The Voice of the Community, reportedly fired her. As we have previously discussed, there is a trend where private and public employees are being disciplined or terminated for their exercise of private speech. There is no indication that Walker associated her disgraceful action with 1380 WAOK The Voice of the Community.