Category: Constitutional Law

Constitutional Law, Free Speech, International, Politics, Religion, Society

Grand Mufti of Saudi Arabia: Ban All Christian Sites

200px-Coat_of_arms_of_Saudi_Arabia.svgSheikh Abdul Aziz bin Abdullah, who serves as the grand mufti of Sifaudi Arabia, is calling for Kuwait to follow the lead of Saudi Arabia and ban the construction of any Christian religious site. While Islamic leaders like the Grand Mufti are outraged with any slight or restriction of their religion, they deny the most fundamental rights of free exercise to other religions in the name of Islam. This is nothing new for the Saudi cleric and his colleagues. He previously called for all churches to be destroyed in 2012. It is not clear if this is a repeat of his announcement a few years ago or a recycling of the earlier story. However, it is a shocking position from one of the highest Islamic clerics in the world and adds an insight into the recent religious violence in places like Syria and Iraq.

Continue reading “Grand Mufti of Saudi Arabia: Ban All Christian Sites” →

Constitutional Law, Criminal law, Free Speech, Lawyering, Media

California Attorney Facing Bar Complaint Over Proposed Measure To Allow For The Execution Of Gays And Lesbians

California flagAttorney Matt McLaughlin, an attorney in Huntington Beach, California, is facing a call for disbarment after he filed for a statewide resolution that would legalize the execution of gay people and make it a crime to support gay rights in the state. Anyone can file such papers and, for just $200, force the attorney general to prepare a title and a summary for the proposed new law. The question is whether this despicable act can or should be used for a bar action as conduct that shows that he is not of “good moral character.”

Continue reading “California Attorney Facing Bar Complaint Over Proposed Measure To Allow For The Execution Of Gays And Lesbians” →

Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Politics

Turley Testifies Before House Committee On Restitution For Child Pornography

unnamed-1This morning I will be testifying in the House of Representatives before the Subcommittee on Crime, Terrorism, and Homeland Security of the Committee on the Judiciary. The hearing is entitled “Child Exploitation Restitution Following the Paroline Decision” and addresses a long-standing controversy over the limits on restitution in such cases. My testimony is below.

Continue reading “Turley Testifies Before House Committee On Restitution For Child Pornography” →

Academia, Constitutional Law, Free Speech, Politics, Society

Illinois School Holds Blacks-Only Student Event For “Affinity Grouping”

150px-OPRFHighSchoolLogoNRouseThere is an interesting controversy at Oak Park and River Forest High School in Oak Park (outside of Chicago) where the school allowed students to hold a black-student only meeting. OPRF held a “Black Lives Matter” assembly on Feb. 27 but barred parents of white students who tried to participate. Principal Nathaniel Rouse (right), the assembly’s organizer, insisted he thought black students would speak more freely among members of their own race as what is known as affinity grouping. It might also be called racial segregation at a public school. What if white students wanted to engage in “affinity grouping” by excluding minority students?

Continue reading “Illinois School Holds Blacks-Only Student Event For “Affinity Grouping”” →

Academia, Constitutional Law, Criminal law, Free Speech, International, Media, Politics

Penn State Professor Arrested After Incident On Airplane

17282445-mmmain20150318_inq_rrxpsu18-aPennsylvania State University Associate Professor Karen Bettez Halnon, 52, took her students on a memorable field trip this month to Nicaragua that ended in witnessing her reported meltdown and arrest on an American Airlines flight that landed in Miami. In addition to reportedly raving about how the United States was setting up Venezuela for “military aggression,” she also lit up a cigarette to reportedly show symbolize the United States as a “smoking gun.” She was charged with disorderly-conduct and breach-of-peace. She has accused the FBI and airport security of abusing her after her arrest. Her two research assistants reportedly made it home safely.

Continue reading “Penn State Professor Arrested After Incident On Airplane” →

Academia, Constitutional Law, Free Speech, Media, Religion, Science, Society

George Washington University Investigates Swastika Postings As Possible Hate Crime

150px-GWUlogoGeorge Washington University President Steven Knapp last night sent an urgent message to all students and faculty and employees regarding the disturbing discovery of swastikas at the International House, which houses 176 Greek students. The first appearance of swastikas appeared a few weeks ago and then again yesterday on the bulletin board of Zeta Beta Tau fraternity. It is clearly a hateful demonstration and the university has worked with the campus Rabbi to counsel students who might have been traumatized by the postings. However, the letter below indicates that the University is treating the posting as a possible hate crime and seeking assistance from the police. A colleague wrote me last night after receiving the email to ask if the posting of such an image is really a hate crime now. It is a good question, though one that some faculty or students might not feel comfortable in raising in fear of being viewed as insensitive.

Continue reading “George Washington University Investigates Swastika Postings As Possible Hate Crime” →

Congress, Constitutional Law, Criminal law, Media, Politics, Society

Obama Administration Celebrates National Freedom of Information Day By Deleting Federal Regulation On The Freedom of Information Act

President_Barack_ObamaIt has been years before anyone seriously in the Administration has claimed that it is “the most transparent Administration” ever — as President Barack Obama once pledged. The Obama Administration instead has set new lows for its pursuit and prosecution of whistleblowers and reporters as well as classifying and withholding information on potentially embarrassing actions or programs. For that reason, there was not much surprise that the White House chose this week — with the National Freedom of Information Day and the Sunshine Week — to remove a federal regulation that subjects its Office of Administration to the Freedom of Information Act.

Continue reading “Obama Administration Celebrates National Freedom of Information Day By Deleting Federal Regulation On The Freedom of Information Act” →

Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Lawyering, Media, Politics, Supreme Court, Uncategorized

If The TPP is Such a Great Idea, Why Keep it a Secret?

250px-Leaders_of_TPP_member_states

Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

The Obama Administration has been pressuring members of Congress to pass the bill that will give President Obama the “fast track”  authority to negotiate the Trans-Pacific Partnership(TPP) agreement without any debate in Congress.  Fast track authority would not allow for any amendments and the bill would remain secret until just before it is voted on.

“President Obama is currently pressing members of Congress to pass Fast-Track authority for a trade and investment agreement called the Trans-Pacific Partnership (TPP). If Fast Track passes, it means that Congress must approve or deny the TPP with minimal debate and no amendments. Astonishingly, our lawmakers have not seen the agreement they are being asked to expedite.” Nation of Change Continue reading “If The TPP is Such a Great Idea, Why Keep it a Secret?” →

Academia, Bizarre, Constitutional Law, Free Speech, Media, Politics, Society

Faculty Sign Letter Claiming Widespread Academic “Admiration” For Anti-Flag Resolution At UC Irvine

The_University_of_California_Irvine.svg200px-flag_of_the_united_statessvgLike many people, I was disappointed by the effort at University of California at Irvine to ban the American flag. Yet, as a university professor, I have seen some senseless efforts by students who can bring more heat than light to some issues. The response has been a bit overblown, including a call for a state constitutional amendment, when the ill-conceived and insulting resolution was vetoed by a later school board. Moreover, the resolution never involved a ban on the American flag from the school but just from one area of the school. However, the report of a letter from some UC faculty has left me baffled in its suggested support in among academics for the premise of the resolution. While we all have different political and philosophical viewpoints, the flag represents first and foremost the protection of such differing viewpoints and the right to express them. We clearly have our problems and historical regrets, but the flag is a unifying symbol of our values, including the free speech rights that allow us to criticize our government and our history.

Continue reading “Faculty Sign Letter Claiming Widespread Academic “Admiration” For Anti-Flag Resolution At UC Irvine” →

Constitutional Law, Criminal law, Religion, Society

Stalking or Free Speech: Florida Man Arrested For Allegedly Yelling Allahu Akbar and Threatening People Outside Synagogue

florida-muslimIf the allegations are true, Diego Chaar is a horrible anti-Semitic person. He is accused to yelling Allahu akbar outside of a synagogue and saying that he would cut the heads off the congregants. Yet, the case presents a potential free speech issue after Chaar is facing charges of stalking and assault.

Continue reading “Stalking or Free Speech: Florida Man Arrested For Allegedly Yelling Allahu Akbar and Threatening People Outside Synagogue” →

Bizarre, Constitutional Law, Justice, Religion, Society

FBI Agent’s Testimony Shredded In Boston Bomber Trial

220px-BostonSuspect2146px-US-FBI-ShadedSeal.svgCriminal defense attorneys have long objected to “experts” produced at trials by the Justice Department who often seem to closely follow trial theories rather than scientific or forensic data. I have handled cases where experts used by the Justice Department gave almost laughable testimony filled with errors in national security cases but courts continue to admit their testimony. This week, one such expert, FBI Special Agent Steven Kimball, fell apart on the stand when confronted with clearly conclusions over basic and easily ascertainable facts.

Continue reading “FBI Agent’s Testimony Shredded In Boston Bomber Trial” →

Bizarre, Constitutional Law, Criminal law, International, Religion, Society

Iran Blinds Defendant Under Sharia Law’s “Eye For An Eye”

220px-Eye_iris125px-Flag_of_Iran.svgThe brutal character of Sharia criminal law was evident in Iran this week after a man was forcibly blinded in one eye after being convicted for an acid attack that blinded another man. It was the literal application of the concept of “an eye for an eye.” We discussed the Iranian judicial ruling on blinding people for such crimes ten years ago. In this case, the man was blinded in his left eye and will later be blinded in his right eye unless “blood money is paid.”

Continue reading “Iran Blinds Defendant Under Sharia Law’s “Eye For An Eye”” →

Constitutional Law, Free Speech, Politics, Society

Censorship by Idaho Alcohol Beverage Control Police Has Moviegoers Seeing Fifty Shades Of Red

fifty-shades-posterBy Darren Smith, Weekend Contributor

Idaho Liquor Licensees who show movies have been served with notice demanding that they not show the blockbuster Hollywood hit “Fifty Shades of Grey” while serving alcoholic beverages. The agency claims that doing so violates Idaho law prohibiting the display of sexually explicit movies while serving alcohol.

Many are wondering why the ABC singled out Fifty Shades of Grey and not various other R-Rated movies having sexual situations that dominate the movie industry.

Continue reading “Censorship by Idaho Alcohol Beverage Control Police Has Moviegoers Seeing Fifty Shades Of Red” →

Congress, Constitutional Law, Criminal law, Society

Justice Department Rejects Civil Rights Charges Against Ferguson Police Officer Darren Wilson

1408390089660_Image_galleryImage_Officer_DARREN_WILSON_picdepartment-of-justice-logo1As expected, the Justice Department announced Wednesday that it will not prosecute former Ferguson, Mo., police officer Darren Wilson in the shooting death of Michael Brown. The case followed the same pattern that we saw him the Zimmerman investigation: a premature entry into the case, Attorney General Eric Holder making public comments assuring a federal response, a long investigation, and a leak from the Justice Department preparing people for the rejection of any charges. In both cases, some of us questioned the timing of the entry of the federal investigators and the weak basis for a civil rights investigation. (For a prior column, click here) In the end, the Justice Department found much of the same inconsistencies detailed by the grand jury and the police in the Ferguson case.

Continue reading “Justice Department Rejects Civil Rights Charges Against Ferguson Police Officer Darren Wilson” →

Constitutional Law, Courts, Media, Politics, Society, Supreme Court

Supreme Court Hears ACA Challenge Amid Dire Warnings From The Administration

Supreme CourtThe Supreme Court has decided to wade back into the controversy over the Affordable Care Act (ACA) or “Obamacare” today with the granting of review of King v. Burwell, No. 14-114. I have previously written about the King case as well as the parallel case in the D.C. Circuit in Halbig. Today, the Supreme Court will hear oral arguments in King and there appears a rather transparent effort by the Administration to give justices sticker shock in considering the challenge, particularly Chief Justice John Roberts. [For full disclosure, I am lead counsel in the challenge filed by the United States House of Representatives to different ACA changes ordered unilaterally by President Obama in House of Representatives v. Burwell.

Continue reading “Supreme Court Hears ACA Challenge Amid Dire Warnings From The Administration” →