Category: Constitutional Law

Town Orders Ohio Man To Take Down Zombie Nativity

Creator-of-zombie-nativity-scene-threatened-with-$1000-fine-if-he-does-not-remove-display-from-Cincinnati-suburbThere is an interesting twist on the usual nativity litigation that comes with the season (for a prior column, click here and here). In Ohio, Jasen Dixon has been told to take down his Nativity scene. Dixon, who manages a nearby haunted house, took a unique approach to the standard Christmas display: it shows the holy family as zombies.

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Indiana Police Officer Asked To Stop Selling “Divisive” T-Shirts Saying “Breathe Easy, Don’t Break The Law.”

Screen Shot 2014-12-22 at 8.52.11 AMMishawaka Police officer Jason Barthel has been told to stop selling T-Shirt in his spare time. There is nothing illegal about the Indiana officer selling shirts, but these t-shirts say “Breathe easy, don’t break the law.” They are in direct response to t-shirts being worn in protest over the decision of a New York grand jury not to indict officers in the death of Eric Garner who died in Staten Island from a chokehold while saying that he could not breathe. “I Can’t Breathe” has become a rallying cry for those protesting police abuse of minorities. However, Barthel wants to sell a counter message that supports police. While there has been vandalism of stores selling the t-shirts, they reportedly remain high selling items.

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Police In Philadelphia and New York In Uproar Over Anti-Police Postings and Shootings

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A Philadelphia Fire Department paramedic is under fire for posting this picture with the caption: “Our real enemy.” The caption also said “Need 2 stop pointing guns at each other & at the ones that’s legally killing innocents.” Marcell Salters has also published highly antagonistic language toward police officers. He has since apologized but some have called for his punishment or termination. In the meantime, New York Mayor Bill de Blasio is under attack after Ismaaiyl Brinsley effectively executed two police officers over his anger with the recent decisions by grand juries in Missouri and New York. police have been protesting what they view as de Blasio’s unfair portrayals of police after the decision, including turning their backs on the mayor when he came to give a press conference on the murders.

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Turkey Imposes Heavy Fine On Television Show . . . For Showing Married Men Dancing With Other Women

still-of-fred-astaire-and-ginger-rogers-in-top-hat-(1935)-1220px-Erdogan_croppedTurkey was long viewed as a symbol of secularism in the Islamic world — an alternative to the rigid Islamic governments imposing medieval Sharia laws to their populations. Then came the election of President Recep Tayyip Erdogan, who has steadily broken down secular tradition and introduced more and more Islamic influences in government. (You may recall Erdogan recently declaring that Muslims discovered America and that there was proof of a Mosque in Cuba when Columbus arrived) The fines imposed this week by the Radio and Television Supreme Council (RTUK) have reaffirmed those concerns. RTUK officials imposed as fine of 410,000 Turkish lira ($177,000, 145,000 euros) against The game show, “I Don’t Know, My Spouse Knows.” The episode in question showed wives pictures of their husbands dancing with foreign women. That was deemed “contrary to public morality and the Turkish family structure.”

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Court Of Appeals Denies First Amendment Right Exists For Condom Use In California Pornography Industry

By Darren Smith, Weekend Contributor

200px-US-CourtOfAppeals-9thCircuit-Seal.svgWe previously discussed HERE the concern that condom requirements imposed upon the adult film industry would have a chilling effect on the First Amendment but a court challenge to the public health compelling interest of the state likely would prevail. A circuit court of appeals addressed such matters recently.

The U.S. Ninth Circuit Court of Appeals affirmed the ruling of the District Court denying an injunction against Los Angeles County regarding the Los Angeles Safer Sex in the Adult Film Industry Act, including the enforcement of mandatory condom use in certain situations. The lower court ruled that the requirement of condom use constituted a de minimis effect on expression and was “narrowly tailored to achieve the substantial government interest of reducing the rate of sexually transmitted infections, and left open adequate alternative means of expression.

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Just How Much of Big Bank Fines Are Actually Paid and Who Profits?

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

It should not surprise any of the regular visitors to this blog that I have written many articles detailing the abuses of many of the Big Banks and the resulting fines that they have paid on multiple occasions.  When a taxpayer reads about Billion dollar settlements being paid by Banks and financial companies as a result of a Justice Department investigation, they probably assume that the entire amount of the fine is being paid.

Those very same taxpayers may be surprised to learn that in many cases, the Banks are able to deduct from their taxes up to 75% of the fines and settlements made with the Justice Department. Continue reading “Just How Much of Big Bank Fines Are Actually Paid and Who Profits?”

“I Hate Republicans”: Michigan Professor Under Fire For Provocative Column

16596269-smallUniversity of Michigan Communications Professor Susan Douglas is at the center of a controversy over a column that she wrote for In These Times entitled “It’s Okay To Hate Republicans.” The title was changed after Douglas complained that it did not represent the content of her column which began with the line “I hate Republicans.”

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Missouri Legislation Would Require Women To Get Consent Of Man For An Abortion

RickBrattinMissouri Republican Floor Leader Rick Brattin has introduced a bill that would allow a man to stop a woman from getting an abortion by withholding written permission. Brattin is under fire not only over the bill but his description of the condition of confirmation of a “legitimate rape” to secure and exception under the law — a decryption that reminded many of the controversy over the use of the same term by former Rep. Todd Akin (R-Mo.).

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Cheney Offers Tortured View of History In Defending Waterboarding

250px-46_Dick_Cheney_3x4I have long argued in my column as well as numerous blog postings that our country is legally bound to prosecute people responsible for ordering torture during the Bush Administration. There is no question that water boarding is torture as recognized by President Obama, Attorney General Holder, the United Nations and virtually every expert in this field. However, while you may want to try to rewrite legal precedent (as did John Yoo and Jay Bybee in their infamous Torture Memos), you should not try to rewrite history. That is what former Vice President Dick Cheney appears to be doing this month. He told Chuck Todd on Sunday that we never prosecuted anyone for water boarding — an assertion that I and others have repeatedly raised over the years. The statement is simply false and adds historical revisionism to legal revisionism in our sordid foray into torture.

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Is The Threat of David Boies To Media Over Use Of Hacked Documents Real?

Sony_Entertainment_Network220px-David_Boies_2011_ShankboneThere are continuing rumblings in the media about the threat of Sony Pictures Entertainment (SPE) lawyer David Boies over media sites using material hacked from the studio, including embarrassing emails where executives dish on leading stars like Angelina Jolie and the disclosure of contract information. Boies has warned that such material must be ignored or destroyed and suggested legal repercussions in the use of “stolen information.” But how serious is this threat? In my view, not very.

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Long Shot Litigation: Sandy Hook Families Sue Manufacturer and Distributor of Lanza’s Bushmaster AR-15

Adam_lanza_sandy_hook_shooter220px-Police_at_Sandy_HookThe families of nine of the 26 people killed two years ago at the Sandy Hook Elementary School in Connecticut have filed a lawsuit against the manufacturer, distributor and seller of the Bushmaster AR-15 rifle used in the shooting. The lawsuit names Bushmaster, Camfour, a firearm distributor, and Riverview Gun Sales, the East Windsor store where Adam Lanza’s mother purchased the Bushmaster rifle in 2010. The plaintiffs include Sherlach and the families of Vicki Soto, Dylan Hockley, Noah Pozner, Lauren Rousseau, Benjamin Wheeler, Jesse Lewis, Daniel Barden, Rachel D’Avino and teacher Natalie Hammond (who was injured in the shooting). Despite great sympathy for these families and this teacher, the lawsuit has little merit in my view in seeking liability against the sale of a lawful weapon.

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Iowa Food Supplier Indicted For Allegedly Falsely Labeling Halal Meat Sold To Millions of Muslims

black-and-white-cow-3Midamar Corp. and directors Jalel and Bill Aossey have been criminally charged in Cedar Rapids for allegedly falsely marking $4.9 million worth of meat as meeting strict halal standards and selling the noncompliant meat to millions of Muslims worldwide in Malaysia, Kuwait, United Arab Emirates and other countries. Also indicated is Islamic Services of America, an organization approved by Malaysia, Indonesia, Kuwait, Saudi Arabia and UAE to certify beef for import under Islamic standards. They are facing 91 other counts for allegedly making false statements on export certificates, wire fraud and money laundering. The case could raise an interesting free exercise question.

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Iowa Professor Creates KKK Statue To Protest Racism After Ferguson . . . The University Removes Art As Students Demand The Firing Of The Professor

Facebook We recently saw rather bizarre case of a college president having to publicly apologize for saying the “all lives matter” rather than “all Black lives matter” in supporting protests over the Ferguson and New York grand jury decisions. (Ironically, I listened this weekend to protests where leaders chanted “all lives matter” in Washington). Now, Serhat Tanyolacar, a University of Iowa visiting professor and printmaking fellow, has been denounced for a piece of art designed to protest racism after the decision. Iowa officials have declared the art to be the equivalent to hate speech and ordered its removal within hours — with President Sally Mason denouncing the art and apologizing profusely. Now, however, students are calling for the artist to be fired and for a new speech-regulating committee to be established for such public forums.

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The CIA Lost Its Soul and Took Ours With It

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

This past week’s news reports of the Senate report on the CIA Torture program were both distressing and enlightening.   I was dismayed to not only read what the full extent of the CIA’s Torture program was, but also when I read pundits and former CIA officials claim that rectal rehydration was merely a medical procedure! I was further discouraged when commenters on this blog made claims that waterboarding and other torture tactics were either necessary or what the devils deserved.

Very few pundits or commenters seem to care if the so-called Enhanced Interrogation techniques were legal or ethical when the CIA resorted to them shortly after 9/11.  This “debate” over the actions taken in our name by the CIA has gone from a report based on the CIA’s own words to denials that the techniques were torture, to claims that great intelligence value was gained using the torture and claims that it was a biased report written by Democrats. Continue reading “The CIA Lost Its Soul and Took Ours With It”

New Zealand Man and Two Myanmar Citizens Arrested For Posting Advertisement Of Psychedelic Buddha Wearing Headphones

buddhaWe have yet another crackdown on free speech in the name of religion. A New Zealand bar manager in Myanmar was arrested with two Myanmar employees for “insulting Buddha” by posting an advertisement showing a psychedelic image of Buddha wearing headphones. Philip Blackwood was arrested with the bar’s owner, Tun Thurein, and an employee. The men could be sent to prison for two years because the image insulted Buddhists.

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