The Russians appear to be moving in the aftermath of Turkey shooting down one of its fighters: it has targeted Turkish history in a new and abusive criminal law. Russian lawmaker Sergei Mironov said that his Just Russia party has proposed a bill that criminalizes the denial that the 1915 killings of Armenians by Ottoman Turkish forces was a “genocide.” I previously wrote about a similar law passed in France as not just a denial of free speech but academic freedom. The law was later struck down. The Russians are moving just weeks after the European Court of Human Rights ruled that Switzerland also violation freedom of speech for its criminalization of the denial of the killings of Armenians as genocide.
Category: Constitutional Law
We have been discussing the rapid erosion of free speech on our campuses. That trend started a long time ago in our high schools where officials have steadily attacked the exercise of free speech by teenagers. Few however have reached the level of censorship and content-based punishment as Revere High School in Massachusetts. Cheerleader Caley Godino has been banned from her team because she tweeted political comments that her teachers did not like about illegal immigration.
The Obama Administration has responded critically to the decision from an Israeli court to give an Israeli border police officer just community service for his entirely unjustified attack on an American teenager. Tariq Khdeir, 15, a Palestinian-American, was beaten by the officer, whose name has been withheld by the courts to avoid any further repercussions for him or his family. The beating was filmed after the officer caught the teenager near a riot in East Jerusalem in July 2014. Despite this evidence (and no evidence of just cause) the Israeli court gave the officer just 45 days of community service and a suspended prison term of four months.
We have long discussed our close alliance with Saudi Arabia despite that country’s denial of the most fundamental human rights for women, non-Muslims, journalists, and political dissidents. While the State Department continues to vaguely reference “reforms” in the Kingdom, the Saudi Sharia courts and religious police continue to generate shocking medieval cases where people are flogged or executed for exercising free thought or associations. The latest outrage is the death sentence given Ashraf Fayadh, a Palestinian poet and leading member of Saudi Arabia’s contemporary art scene. He has been sentenced to death for renouncing Islam, being an atheist (which he denies) and insulting Saudi Arabia. Many view his real offense as being his embarrassment of the infamous religious police (mutaween) in Abha after he posted a video of their lashing a man in public. As is often the case in the pseudo, “courts” of Saudi Arabia, he was denied counsel and any real opportunity to present a defense.
By Darren Smith, Weekend Contributor
An inmate who previously escaped from a detention facility in Chicago filed a lawsuit against the government demanding ten million dollars in damages resulting from his escape caper failed to convince the Seventh Circuit of his claim’s merit, but the court at least acknowledged his lawsuit “gets credit for chutzpah.”
The jailbreak occurred in 2012 when plaintiff Jose Banks and a cellmate rappelled down seventeen stories down a high-rise corrections center using a rope constructed of sheets and dental floss. He managed to hail a cab and evade law enforcement for several days before recapture.
Banks claimed among other things that he suffered emotional injury from the trauma of fearing for his life as he dangled from the makeshift rope used in his escape.
Harvard Law students have started a campaign to drop the historic seal of Harvard because it is tied to an 18th-century slaveholder. The students organization, Royall Must Fall, have held campus demonstrations demanding the removal of the seal. The three sheaves of wheat on the seal come from the Royall family crest (which raises the compromise possibility of just replacing that portion of the seal attributed to the Royall family). Third-year law student Alexander Clayborne insists that the effort is part of “[o]ur larger goals include decolonization of the law school in general and decolonization of the law school curriculum.”
It appears that the Obama Administrations is not alone in pursuing journalists in the search for whistleblowers and leakers. Emiliano Fittipaldi has revealed that he has been interrogated and faces charges from Holy See prosecutors. He was given a Vatican summons to appear to answer questions about his recently published book “Avarice.”
San Francisco police and prosecutors have opened a criminal investigation following the posting of videotape in the Mission District showing two Alameda County sheriff’s deputies beating 29-year-old Stanislav Petrov. Petrov is still recovering from his injuries and the incident is being compared to the Rodney King beating. The video shown below is quite disturbing.
Karen Keller of Captain Johnston Blakely Elementary on Bainbridge Island, Washington has a rather controversial approach to eradicating gender inequality in her kindergarten class: she reportedly bars boys from playing with Legos. A local paper below quotes Keller as saying that she wants to combat lower spatial and math skills among girls. While she says that girls want to play with dolls while boys want to play with Legos, she refuses to give boys permission to play with the Legos to try to reverse the trend. For many of us, Keller’s approach is not simply discriminatory but completely irrational and abusive. Yet, she clearly feels comfortable in adopting such discriminatory rules and speaking about them publicly. The issue is not the practices at Captain Johnston Blakely Elementary but the rise in such discriminatory practices — something that I have criticized through the years.
We have been following the rapid decline of free speech rights in Europe and Canada. Germany has long been the subject of criticism from the free speech movement. The country has long criminalized speech dealing with World War II and the Nazis. While the real benefit of those laws has been questioned given the long existence of a neo-Nazi groups in the country, prosecutors continue to bring troubling charges against those who voice unpopular or obnoxious beliefs in prohibited areas. The latest is Ursula Haverbeck, an 87-year-old German Neo-Nazi grandmother who has been sentenced to 10 months in prison after being found guilty of denying the Holocaust. She does not believe that the Holocaust was real but, rather than leaving the matter to open debate, the Germans are imprisoning her for either not changing her mind or not staying silent about her views.
Free speech advocates are increasingly uneasy about the response of University of Missouri to protests of racism on campus. Some of the incidents described by students are exercises of free speech. Those concerns were heightened with the videotape of a communications professor harassing and trying to get students to “muscle” out a student journalist. This concern was heightened even further by police asking students to report “hateful and/or hurtful” speech. We have been discussing the erosion of free speech on our campuses and the message seemed to invite the type of speech regulation that has been on the rise. Citizens are allowed to say “hurtful” things without being forced to answer for their exercise of free speech. Monitoring and punishing hurtful statements threatens the most basic values of free speech in our universities. For those with controversial views, the police policy must have had the same feel as Mass communications professor Melissa Click calling for a show of “muscle” to target journalists. A complaint was filed by the student journalist against Professor Click who has now resigned her position.
Continue reading “University of Missouri Police Tell Students To Report “Hurtful” Statements”
We have been discussing the alarming erosion of free speech in Canada in the last few years — part of a trend in the West. Those concerns have been rekindled by the trial of Roy Arthur Topham, who was charged with promoting hatred against Jewish people through his website RadicalPress.com. He was arrested by the RCMP Hate Crimes Unit in 2012.
Continue reading “British Columbia Man Stands Trial For The Crime Of Criticizing Jews On His Blog”
Today I will have the pleasures of speaking at The Federalist Society’s 2015 National Lawyers Convention being held at the Mayflower Hotel in Washington, D.C. The theme for this year’s convention is: The Role of Congress. I will be on a panel entitled “Administrative Law: Agency Rule: How Congress Can Reclaim its Legislative Authority” starting at 2 pm in the State Room. I will have the honor of speaking with Hon. Tom Coburn, Former United States Senator, Oklahoma; Mr. Christopher C. DeMuth, Distinguished Fellow, Hudson Institute; and Prof. Michael Uhlmann, Claremont Graduate University. The panel will be moderated by the Hon. A. Raymond Randolph, U.S Court of Appeals for the District of Columbia.
Continue reading “Turley to Speak Thursday At Federalist Conference In Washington”
We have another absurd enforcement of the zero tolerance rule at our schools. This one occurred in Cincinnati, Ohio where Principal Joe Crachiolo, (left) at Our Lady of Lourdes School (a Catholic Elementary School) suspended a first grader who was caught playing a Power Ranger and used an imaginary bow and arrow in play. Just to repeat. This was a first grader and an imaginary bow and arrow.
This picture of actress Sadaf Taherian would seem like most any such photo appearing on social media (beyond the fact that she is obviously especially striking). However, the government in Iran immediately spotted something missing. That’s right, a veil or hijab. As a result, Taherian has fled to the United Arab Emirates to avoid an arrest. In addition, leading actress Chekame Chaman-Mah has fled Iran after committing the offense of defending the right of an actress to post an unveiled image. Iranian officials have declared both women to be in violation of Islamic morality and laws.