Category: Constitutional Law

Two Philadelphia Police Officers Charged In Beating of Unarmed Suspect

257FB23A00000578-0-image-a-6_1423473953668257FB22F00000578-0-image-a-1_1423473872267257FB23400000578-0-image-m-5_1423473945888Philadelphia police officers Sean McKnight and Kevin Robinson have been arrested and criminally charged after a videotape showed them pursuing Najee Rivera on a scooter. After they stop, the two officers get out and beat Rivera with their fists and batons. He was left with fractures in his orbital bones and lacerations.

Continue reading “Two Philadelphia Police Officers Charged In Beating of Unarmed Suspect”

Myth and the Marriage Pledge

By Mike Appleton, Weekend Contributor

“That no person whatsoever in this Jurisdiction shall joyn any persons together in Marriage but the Magistrate, or such other as the General Court, or Court of Assistants shall authorize in such places where no Magistrate is near.”

-Lauues and Libertyes of Massachusetts (1648) (Legal Classics Library Ed. 1982)

First Things is a highly regarded ecumenical journal on religion and society. Its editor, R.R. Reno, recently posted online a document entitled “The Marriage Pledge.” The pledge is a reaction to the expansion of same-sex marriage recognition across the country, a phenomenon which conflicts “with the Christian understanding of marriage between a man and a woman.” To protest these changes, Christian ministers who sign the pledge agree that they “will no longer serve as agents of the state in marriage” and “will no longer sign government provided marriage certificates.” As of this writing, the pledge has attracted over 400 signatories.

The Marriage Pledge is an unfortunate document, however, and more than a little ironic. It is ineffectual because it presumes a level of importance that the clergy does not have in the formation of lawful marriages, and it abandons religious believers in the process. Those who understand something of the history of marriage will correctly perceive the pledge as a form of witless moral witness.

Continue reading “Myth and the Marriage Pledge”

CHARLIE’S FALSE FRIENDS

dXBsb2Fkcy9tYWdhemluZV9pbWFnZXMvMDdmZjQ2YWQxZTFiNjg1OTQ4NjY1M2U3NWVmODE4NGNiZDZjYmQ5YS5qcGc=.238.600.1.1.70I had the pleasure this month of writing a piece on free speech in the leading policy magazine in Switzerland, “Schweizer Monat.” The piece is published in German (Charlies falsche Freunde or Charlie’s False Friends), which is particularly cool for my son Benjamin who is taking German at McLean High School in Virginia. The German version can be found here. Germany is currently our fifth highest supplier of readers with Switzerland close behind. Ironically, Harvard Professor Cass Sunstein also wrote a piece in the same issue this month. The translated column is below:

Continue reading “CHARLIE’S FALSE FRIENDS”

Toronto Pastor Charged With Sexually Assaulting Woman As Part of Exorcism

pastor.jpg.size.xxlarge.letterboxRev. Wayne Marlon Jones, 53, has been criminally charged in a case where police say that he sexually assaulted a woman during exorcisms and defrauded her over the course of years. The case could raise questions over questions of consent and religious beliefs.

Continue reading “Toronto Pastor Charged With Sexually Assaulting Woman As Part of Exorcism”

Dr. Sami Al-Arian Leaves The United States

unnamedIn the conclusion of ten years of intense litigation, Dr. Sami Al-Arian and his wife Nahla boarded a plane last night and left the United States for Turkey. He arrived in Istanbul a couple hours ago. I was Dr. Al-Arian’s lead criminal defense counsel in Virginia until all charges were eventually dropped by the United States Department of Justice against him. I have received many calls from the media over the last couple of days and I have declined to respond because Dr. Al-Arian was represented by an immigration law team after the criminal proceedings concluded. I wanted to defer to those lawyers in any media comments, as I have since handed over the case last year. Dr. Al-Arian issued the statement below this morning.

Continue reading “Dr. Sami Al-Arian Leaves The United States”

Erdoğan: I Don’t Want To Be A Sultan . . . I Want To Be A Queen

220px-Recep_Tayyip_Erdogan200px-disneyqueenheartsTurkish President Recep Tayyip Erdoğan had become a perpetual gaff machine. He would be funny if he were not so menacing in his effort to roll back on civil liberties and break down the secular traditions of Turkey in favor of Islamification of the government. He is facing growing criticism internationally and last week responded to allegations that he was trying to establish himself as a new Sultan. No, Erdoğan insisted, he really just wants to be more like Britain’s Queen Elizabeth II. As shown in other embarrassing moments recently, Erdoğan’s’s knowledge of history is even worst than his appreciation for human rights.

Continue reading “Erdoğan: I Don’t Want To Be A Sultan . . . I Want To Be A Queen”

European Commission Considering Data Retention Law Targeting Telecoms And Internet Service Providers

By Darren Smith, Weekend Contributor

european-commission-logoUnder the pre-text of combatting terrorism, the European Commission is mulling a proposed regulation that would require telecommunications companies and internet service providers to retain records of European Citizens’ communications. Courts struck down on constitutional privacy grounds a previous law.

The measure comes just after the deadly terrorist attacks stemming from the Charlie Hebdo rampage in Paris in early January. The situation does appear to a lesser degree reminiscent of the changes in government approaches to privacy in the wake of terrorist outrages in other nations such as those in the United States in 2001 and the railway attacks in Spain and the United Kingdom.

Continue reading “European Commission Considering Data Retention Law Targeting Telecoms And Internet Service Providers”

Video: Seattle Officer Pepper Sprays Man Brandishing . . . A Cellphone

Jess-Hagopian-YouTube-800x430High school teacher Jesse Hagopian is reportedly planning to sue the city of Seattle after a police officer sprayed him with chemical irritant as he left a rally on Martin Luther King Jr. Day. He was simply walking away while speaking on a cellphone, as the video below captures.

Continue reading “Video: Seattle Officer Pepper Sprays Man Brandishing . . . A Cellphone”

Turley Testimony In Senate Confirmation Hearing Of Loretta Lynch

Loretta_LynchI will have the honor of appearing today as part of the confirmation hearings in the Senate Judiciary Committee for Loretta Lynch, nominee to serve as United States Attorney General. Below is my written testimony for the hearing today.

Continue reading “Turley Testimony In Senate Confirmation Hearing Of Loretta Lynch”

Alabama’s First Gay Legislator Declares That She Will “Out” Adulterous Colleagues Who Oppose Same-Sex Marriage

Todd_PatriciaAlabama’s first openly gay state legislator, State Rep. Patricia Todd has created a stir this week by declaring that she intends to publicly reveal the adulterous affairs of colleagues who oppose same-sex marriage on the basis of family values. The threat raises the prospect of potential tort liability and some interesting questions of privilege.

Continue reading “Alabama’s First Gay Legislator Declares That She Will “Out” Adulterous Colleagues Who Oppose Same-Sex Marriage”

Obama Administration Files Motion To Dismiss House Challenge

Congressional SealSeal_of_the_President_of_the_United_States.svgThe Obama Administration has filed its expected Motion to Dismiss in the challenge by the United States House of Representatives v. Burwell. As many of you know, I am lead counsel in the action. We posted our complaint earlier and I have posted the motion of the Administration below.

Continue reading “Obama Administration Files Motion To Dismiss House Challenge”

“We’re Going To Be Watching”: New York Police Arrest Man Over Allegedly Threatening Statements and Images Posted On Facebook

24FE2B9600000578-0-Aristy_s_Facebook_profile_features_many_photos_of_him_either_smo-m-44_1422071322717We have been following the response of police in the aftermath of the murder of two officers in New York. One fear is that this effort will extend to areas of free speech and the arrest this week of a teenager boy in Brooklyn would seem to confirm those concerns. Osiris Aristy posted what police consider to be threatening text and digital cartoon images – or emoji on Facebook. He was arrested for terroristic threats as well as criminal possession of a weapon, criminal use of drugs and criminal possession of marijuana. His bail was set at $150,000.

Continue reading ““We’re Going To Be Watching”: New York Police Arrest Man Over Allegedly Threatening Statements and Images Posted On Facebook”

The CIA’s Whitewash Investigation of Itself

220px-John_Brennan_CIA_official_portrait

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

It is unfortunately not surprising that anything that the CIA does should be considered suspect.  When the CIA recently came under fire for allegedly spying on Senate computers, no one, except the Senators who were spied on were surprised.  Now that Director John Brennan has completed his internal “investigation” into the matter, the truth has come out.  John Brennan says he and the CIA did nothing wrong! Continue reading “The CIA’s Whitewash Investigation of Itself”

Murder Conviction Reversed After Prosecutor Shows Jury 100 Prejudicial Power Point Slides During Closing Arguments

By Darren Smith, Weekend Contributor

walker-guilty-photoAfter what was declared to be prosecutorial misconduct, the Washington Supreme Court reversed a jury conviction of Odies Delandus Walker. The defendant was convicted as being an accomplice to first degree murder, first degree assault, first degree robbery, solicitation, and conspiracy after a robbery at a Lakewood Walmart.

In closing arguments during trial, the Pierce County Prosecutor’s Office showed the jury a PowerPoint presentation having over one hundred of a total of approximately two hundred fifty slides having headings such as “DEFENDANT WALKER GUILTY OF PREMEDITATED MURDER,” including one slide having a booking photograph of Walker altered to have “GUILTY BEYOND A REASONABLE DOUBT” superimposed in boldfaced red letters over his photograph. Additional photographs presented included those of Walker and his family juxtaposed with those of the murder victim emblazoned with inflammatory captions.

Walker asked the court to address if such actions violated his right to a fair trial due to the prejudicial nature of the presentation.

Continue reading “Murder Conviction Reversed After Prosecutor Shows Jury 100 Prejudicial Power Point Slides During Closing Arguments”

Washington State Politicians Draft Bill To Criminalize Whistleblowing In Agricultural Animal Cruelty Cases

By Darren Smith, Weekend Contributor

washington-flag-sealIn what some regard as an affront to both free speech and whistleblowing, Washington legislators Joe Schmick, J. T. Wilcox, June Robinson, and Vincent Buys sponsored House Bill 1104 introducing the new crime of “Interference with Agricultural Production.” The bill, if signed into law, will have the effect of criminalizing whistleblowing and the free speech activities of those seeking to publicize allegations of animal cruelty and other concerning farming methods under the guise of protecting agribusinesses from economic harm.

The bill also provides for troubling retributions against those who have traditionally revealed acts of cruelty to animals and shown food safety abuses by several farms and businesses.

Continue reading “Washington State Politicians Draft Bill To Criminalize Whistleblowing In Agricultural Animal Cruelty Cases”