Category: Constitutional Law

Blasphemy and Freedom of Speech

By Mike Appleton, Weekend Contributor

“The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect.”

-Watson v. Jones, 80 U.S. 679, 728 (1872)

In November of 1950 an Italian film directed by Roberto Rossellini entitled “L’Amore” opened in New York City with English subtitles. The film was an anthology of three stories, one of which, “The Miracle,” told the tale of an emotionally troubled peasant girl who is impregnated by a transient and believes that she is giving birth to Jesus. The film was voted best foreign language film by the New York Film Critics’ Circle. It was also condemned by the Catholic Legion of Decency as “a sacrilegious and blasphemous mockery of Christian religious truth.” Francis Cardinal Spellman, the powerful archbishop of New York, insisted that the film demonstrated a need for stronger censorship laws. Within a few months the New York Board of Regents revoked the license to show the film, a decision upheld by the New York state courts under a law permitting the banning of any film “that may fairly be deemed sacrilegious to the adherents of any religious group.”

The subsequent legal battle is instructive in considering the reaction to the horrific attacks in France over the past two days. Continue reading “Blasphemy and Freedom of Speech”

India Charges Former Minister After Defense Of Paris Terror Attack

1024px-Flag_of_India.svgIndian officials have arrested former Uttar Pradesh minister and BSP leader Haji Yakub Qureshi after he defended the terror attack on French satirical magazine Charlie Hebdo. India has a law — similar to U.S. laws — have make it a crime to incite violence but the country appears to impose a relatively lower standard as evidenced in this case.

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Irish Muslim Leader Warns Any Newspaper From Publishing Charlie Hebdo Cartoons Or Face Blasphemy Charges

FlagbigAli Selim of the Islamic Cultural Centre of Ireland has declared publicly that he will bring legal action against any Irish newspaper or publication that runs the Charlie Hebdo or other similar cartoons featuring Muhammad. As discussed in my Sunday Washington Post column, these laws in Western countries like France have served to emboldened those like Selim in demanding that others confirm to their religious sensibilities. Despite his effort to deter others from speaking in this fashion, Selim insists without any appearance of embarrassment that he is “a great advocate of freedom of expression” . . . so long of course that it is his expression or an expression that does not offend him.

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Foie Gras Ban Struck Down In California

220px-Foie_gras_DSC00180Foiegras4Another food ban has been struck down by a court. District Court Judge Stephen Wilson struck down the two-year state California state prohibition on foie gras as a violation of interstate commerce. The court issued its final decision on January 7th in Ass’n des Eleveurs de Canards et D’oies du Quebec v. Harris and found that the state law is trumped by the federal Poultry Products Inspections Act. Wilson acknowledged that there are few people in the middle of this debate: “This action for declaratory and injunctive relief touches upon a topic impacting gourmands’ stomachs and animal rights activists’ hearts: foie gras.”

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Saudi Arabia To Flog Blogger For Blasphemy On Friday

badawiJust days after extremists killed 12 people in Paris for insulting Mohammad in cartoons, the Saudi government has decided to go forward with its plan to flog a blogger for blasphemy. As previously discussed the abusive treatment of Raif Badawi, who founded the “Free Saudi Liberals” website. He was sentenced to 10 years in jail and 1,000 lashes for blasphemy and his first 50 lashes will be carried out on Friday.

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Dershowitz Threatens To Sue Victim’s Attorneys For Defamation . . . Attorneys Respond By Suing Him First

image.hmlAlanDershowitz2We previously discussed the threat of retired Harvard Law Professor Alan Dershowitz to sue Utah Law Professor and former federal judge Paul Cassell (and his co-counsel Bradley Edwards) for defamation for papers mentioning him in revelation to the sex trafficking scandal of Florida financier Jeffrey Epstein. The lawyers sought unsuccessfully to depose Dershowitz who has been accused of being one of the men who were given underaged girls to sleep with by Epstein. At the time, I wrote that Dershowitz’s statements themselves could be viewed as defamatory and actionable. It appears that Cassell and Edwards were thinking the same thing. They have now sued Dershowitz for defamation.

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Turley and Greenhouse Discuss Supreme Court

175px-Linda_Greenhouse,_2005The ABA Journal has posted a podcast that I did with former New York Times journalist Linda Greenhouse on the Supreme Court. Greenhouse is currently the Joseph Goldstein Lecturer in Law and Knight Distinguished Journalist-in-Residence at Yale Law School.

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British Agency Bans Urban Outfitters Picture Over “Inner Thigh Gap”

imrs.php250px-UrbanOutfittersThe United Kingdom’s Advertising Standards Authority (ASA) has ordered Urban Outfitters to remove a picture of a model as showing an impermissible “inner thigh gap” that encourages what is viewed as an “unhealthy” diet for girls. It is the latest example, in my opinion, of a wholesale regulation of speech — both political and commercial — in England.

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Police Union Asks Congress To Add Attacks On Police To Growing List Of Hate Crimes

250px-FratPoliceUS-DeptOfJustice-Seal_svgThe National Fraternal Order of Police has launched a campaign to change federal law to add attacks on police as a hate crime. In a letter to President Barack Obama and Congress, the powerful union cites the murders of two New York City police officers, Rafael Ramos and Wenjian Liu. The demand would treat an attack based on status as the same as an attack based on race. Given the Administration’s expedited investigations of civil rights violations involving deaths caused by police officers in Missouri and New York, the change would create an interesting situation where both future suspects and officers would be arguably protections under federal hate crime laws.

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Erdoğan Announces Turkey Has Greatest Level Of Press Freedom In World As Police Arrest Dutch Journalist For “Terrorism”

220px-Recep_Tayyip_ErdoganLike most of the world, we have watched the rapid decline of civil liberties in Turkey after the election of President Recep Tayyip Erdoğan and his coalition of Islamic parties. Just last month, we discussed the arrest of Mehmet Emin Altunses, 16, who allegedly committed the crime of “insulting” Erdoğan. calling people who use birth control “traitors” and saying Muslims discovered America, you are not allowed to be disrespectful or insulting in discussing Erdoğan. The situation is even more dire for journalists who have found themselves threatened or arrested for reporting on Erdogan or his cronies. Now, Turkish police have arrested Dutch reporter Frederike Geerdink on terrorism charges. Erdoğan responded with one of his signature delusional statements, saying that this is just one more “false” report from Western media since it is about terrorism not journalism. It is his statement about the record of Turkey on press freedoms that truly takes Erdoğan’s menacing comments into the realm of madness.

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Tunisian Military Court Sentences Blogger To Three Years In Jail For Defaming Army Officers

B5ugWIBCQAA1JG3The attack on free speech continues unabated around the world. The latest violation occurred in Tunis where a military court has handed down an absurd three year jail sentence to a blogger, blogger Yassine Ayari, for “insulting” Army officers. That is what free speech means in Tunisia. You can be criminally sentenced for “undermining” the Army through criticism.

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NSA Abuses Never End

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

The instances of reported abuse of our country’s laws by our Intelligence services seems never-ending.  The National Security Agency, or NSA is at the top of the list when it comes to violations of our laws and even its own rules and procedures that are allegedly designed to protect our privacy.

Pursuant to a court order in a case brought by the ACLU, the NSA is required to provide a list of its abuses on a quarterly basis.  Of course, the NSA redacts most of what it puts in its own disclosures. Continue reading “NSA Abuses Never End”

Make that 101: Chinese Filmmaker Does Documentary On China’s 100-Year Struggle For Constitutional Rule . . . China Sentences Him To One Year In Jail

130px-Mao_Zedong_portraitThe Chinese government again proved that little has changed in the People’s Republic in the denial of basic civil liberties and human rights. Filmmaker Shen Yongping has become the latest and more poignant example of the totalitarian regime’s continued crackdown on free speech. Shen produced a documentary on the 100-year struggle of the Chinese for constitutional government. Chinese officials responded by arresting him and now sentencing him to a year in jail. It appears that a sequel is in the making.

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Delta Flight Delayed After Ultra Orthodox Jews Refuse To Take Off Until Women Are Removed From Their Rows

220px-2010-07-15_B767_Delta_N1611B_EDDF_04A Delta Airlines flight from New York’s JFK Airport to Israel was delayed by half an hour after a group of ultra-Orthodox Jewish men refused to sit next to female passengers. We discussed the same type of disruption on a flight in September by ultra-Orthodox travelers refusing to sit down until people moved around to accommodate their extreme religious views. What is astonishing is that the disruptive travelers faced no reported repercussions for delaying a flight or refusing to comply with the instruction of flight attendants.

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Egyptian Court Permanently Bans Jewish Celebration For “Moral Offenses”

ShowImage.ashxAn Egyptian court has permanently banned the three-day festival celebrating the birth of Rabbi Jacob Abu Hasira in Egypt’s Nile Delta region of Buheira. The judge cited unspecified “moral offenses” as the reason for the ban. It is the latest example of Egypt’s devolution from a secular to a sectarian legal system. While the Muslim Brotherhood and President Mohammed Morsi were ousted in 2013 after pushing the country toward an Islamic, sharia-based system, the country still has seen the steady erosion of secular values and the separation of religion and state.

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