I 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:
Category: Courts
The United States Court of Appeals for the District of Columbia has ruled that Pom Wonderful was engaging in deceptive advertising over health claims in ads urging consumers to “Amaze your cardiologist” and “Drink to prostate health.” The Court found that the company lacked the medical or scientific foundation to make such claims in upholding the actions taken by the Federal Trade Commission.
By Darren Smith, Weekend Contributor
We previously wrote HERE and HERE of the arrest, conviction, and sentencing to seven years Al Jazeera reporter Peter Greste for the dubious accusation of aiding the Muslim Brotherhood through their coverage of the “civil war” in Egypt. During sentencing, as we previously reported, the Court insisted that the reporters “took advantage of the noble profession of journalism … and turned it from a profession aimed at looking for the truth to a profession aimed at falsifying the truth.” It then added that “The devil guided them to use journalism and direct it toward activities against this nation.” That “devil” work was reporting on the crackdown on the supporters of Islamist president Mohamed Morsi.
By Darren Smith, Weekend Contributor
Under 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.
I 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”
There is an interesting case out of Pittsburgh public defender Andrew Capone, 29, has been criminally charged for allegedly given inaccurate information to a judge’s staff about whether his client had appeared for trial in a sex assault case. The case is troubling because, based on what has been released, it is difficult to see where the line was drawn between criminal and noncriminal conduct for counsel.
The 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”
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”
By Darren Smith, Weekend Contributor
After 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.
Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor
It is always tragic when anyone is killed. It doesn’t matter if it is accidental or intentional. The tragedy of someone dying is universal. However, when the person killed by a Cleveland Police Officer is a 12-year-old, tragic just doesn’t seem to describe it correctly. You will probably recall the recent case out of Cleveland, Ohio where 12-year-old Tamir Rice was killed by Officer Timothy Loehmann.
Tamir Rice was shot while playing in a Cleveland park. A citizen called 911 and suggested that a juvenile was pointing a gun, which was probably a toy, at people in the park. When Officer Loehmann and his partner answered the call they saw Tamir playing on a swing with the “weapon” in the waistband of his pants. Released videos suggested that Officer Loehmann fired at Tamir within 1-2 seconds of arriving at the park. That same video evidence also shows police throwing Tamir’s 14-year-old sister to the ground and handcuffing her.
When I first heard about the November 22nd, 2014 incident, I was shocked that a 12 year could be gun downed by a police officer. Even the recent stories about the police killing suspects in New Mexico, Missouri, New York City, to name a few, did not prepare me for this killing. Tamir was a 12-year-old child.
When the videos came out and when the truth about Officer Loehmann surfaced, I realized that Officer Loehmann was unfit for duty as a police officer anywhere and the Cleveland Police Department was negligent in hiring an unstable young man to patrol its streets. The decision to hire Officer Loehmann initiated the sad outcome in November. Continue reading “The Sad and Negligent Decision to Hire Officer Timothy Loehmann”
By Darren Smith, Weekend Contributor
In a sign of additional international scrutiny to come for the conflicts within the areas administered by the Palestinian Authority, the International Criminal Court (ICC) received a declaration on January 1st granting the ICC jurisdiction within Palestine. Following this, and the behest of the PA, the ICC Prosecutor opened an examination into the events occurring within PA administered territories.
Below is my column in the Sunday Washington Post on the free speech implications of the massacre in Paris and what it means to “stand with Charlie.” Rather the piece explores the status of free speech in France and The murders themselves are clearly the work of Islamic extremists who need little reason to kill innocent people in their twisted view of faith. However, the victims were journalists who had struggled with rising speech limitations and regulations in France as well as other European nations. (Indeed, at least one surviving journalist expressed contempt for those who now support free speech but remained silent in the face of past efforts to shut down the magazine). We have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here) and England ( here and here and here and here and here and here and here and here and here and here). Much of this trend is tied to the expansion of hate speech and non-discrimination laws. We have seen comedians targets with such court orders under this expanding and worrisome trend. (here and here).
As many on this blog know, I have a particular affection for France and its people. I was moved to see the protest spontaneously protest as thousands can out to defend liberty and French culture. It was a quintessential moment for the French. Indeed, it reminded many of us of how the French once voiced the “Rights of Man” and rallied around civil liberties at a defining moment for all of Western Civilization. We all felt victims of these attacks and most of us were moved to see our French counterparts joining together in one voice to support free speech. However, there needs to be some frank discussion of threat posed by increasing speech regulations and prosecutions. Ironically, while thousands have demonstrated against immigration as a threat to national identity, the real threat is not the immigrants themselves but the loss of national identity from these prosecutions. What is France if it is not its liberties and freedoms? France cannot simply be defined by brie and baguettes. Those who want to join Western countries must accept their core commitment to free speech as part of a social convenant not just with the government but with each other.
(The title of the piece is selected by the Post, not the author. (We usually learn of the titles when the reader does). The print version includes a title that the “threat” comes not terrorism but the French. Many may conclude that the piece somehow blames the French for these attacks which is obviously not true. Rather, with the rallies (including the huge rally today) in support of free speech, the column explores the primary cause of the erosion of free speech in France — and what can be done to restore it. Likewise, this article is not meant to suggest that any criticism of religion is no longer tolerated in France. After all, the magazine continued to publish despite efforts to prosecute the editors and journalists. Moreover, French courts have ruled in favor of free speech in some critical cases. However, while some efforts have been curtailed by the French courts, government censorship has been increasing, particularly when the challenged speech is directed at living individuals. Other restrictions are broader and the appetite for such regulation appears to be increasing. For example, a few years ago, when the government made the denial of the genocide of Armenians by Turkey a crime, the drafter of the law Senator Valerie Boyer dismissed the objections and said “That’s democracy.” Indeed, Boyer exemplified why John Adams warned that “ democracy never lasts long. It soon wastes, exhausts, and murders itself. There is never a democracy that did not commit suicide.” The clash between democracy and free speech is growing as different groups demand that others be silenced in the name of pluralism and tolerance.
Here is the column:
Continue reading “If France Wants To “Stand With Charlie Hebdo,” It Must Stand First With Free Speech”
Respectfully submitted by Lawrence E. Rafferty, (rafflaw) Weekend Contributor
In our sometimes upside down world, it can seem that the lives and secrets of our intelligence service employees and their agencies are worth more than the lives and physical and mental well-being of the countless prisoners who were tortured by the CIA . That is the same torture that was authorized and approved at the highest levels of our government.
Let’s also not forget the many instances of allegedly criminal activity by large banks and their employees that resulted in civil fines or no action at all, notwithstanding the lives that were shattered in the meantime.
Recently it was disclosed that the Department of Justice and the FBI have recommended that Gen. David Petraeus be criminally prosecuted for allegedly passing his classified CIA email account and exposing state secrets to the biographer/author he was having an affair with. This is the very same Department of Justice, along with the Obama Administration that claims it did not have enough evidence to file charges against admitted torturers and those that authorized the torture and destruction of evidence. Continue reading “An Upside Down World of Justice”
The 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.
Continue reading “Turley and Greenhouse Discuss Supreme Court”
Former federal judge and University of Utah law professor Paul Cassell is facing a rare threat of a bar complaint over his representation of a client in the notorious case of billionaire and convicted pedophile Jeffrey Epstein. Even more rare is the source of the threatened complaint: retired law professor Alan Dershowitz of the Harvard Law School. Epstein is good friends with Bill Clinton and Duke of York Prince Andrew, 54, who have been mentioned in litigation over allegations of the use of underaged “sex slaves” and Epstein’s alleged penchant for watching (and filming) people having sex with these girls. Dershowitz’s name has appears on the ignoble list contained in motions before a federal court in Florida. Dershowitz is now threatening to initiate disbarment proceedings against Cassell and Bradley Edwards, a Florida attorney who also represents Jane Doe #3 in the controversy.