Category: Courts

Israel Shuts Down Liberal Radio Station For “Incitement” While Moving To Deter Other “Leftist” Media

The civil libertarian community in Israel is alarmed by the government’s decision to shutdown a radio station that has been outspoken in its opposition to the growing plans for war with Iran. The Israeli-Palestinian radio station called “All for Peace” was shutdown after demands from members of Prime Minister Benjamin Netanyahu’s conservative coalition.
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Trying High-Profile Cases: Today’s ABA Discussion

This afternoon, I will participating in a discussion of “Trying High-Profile Cases” with David Bois as part of the American Bar Association’s Annual Conference (CLE Premier Speaker Series Webinar). The conference also include federal judges Barbara M. G. Lynn
(Northern District of Texas) and Gene E. K. Pratter (Eastern District of Pennsylvania) and leading litigator Randall M. Kessler. It will start at 1:00 p.m. (ET).
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Let’s Kill All The Lawyers?

Submitted by Mike Spindell, Guest Blogger
Last week during a long road trip, I was listening to a CD from the band The Eagles. A song came on written by Don Henley and Glenn Frey the group’s songwriters and leaders. The song is called “Get Over It”. As the autumn beautiful Shenandoah Valley landscape was passing by, a line from the song jarred me from my motoring reverie and made me think of this blog. The line was:

“The more I think about it, Old Billy was right
Let’s kill all the lawyers, kill ’em tonight.”
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Chicago Journalism Professor: Chicago Police Department Detained Him and Deleted Video of Arrest

EXCLUSIVE. Loyola University Professor Ralph Braseth in Chicago has shared with me a complaint alleging another incident of police ordering a citizen to delete videotape of an arrest taken in public. I have previously written about this worrisome trend. The difference is that Braseth is a journalism professor. The complaint raises some extremely serious allegations of censuring a journalist and violating core constitutional rights. If true, it is a telling retort to the taunting remarks of Judge Richard Posner recently about the “snooping” of citizens on police.
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Should Kagan Recuse Herself From The Health Care Case?

We have previously discussed the question of recusals involving Justice Clarence Thomas and his violation of reporting rules on the Court. Now, a similar debate is likely to start over the participation of Justice Elena Kagan in any review of Patient Protection and Affordable Care Act. The loss of Kagan could be determinative in a close vote on the Court, but that is always the danger in selecting your Solicitor General as a nominee. While Kagan used the announcement of cases on Monday to recuse herself for other cases, she notably did not include the Florida case.
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Conservative Take on Obamacare

Respectfully submitted by Lawrence Rafferty(rafflaw)-Guest Blogger

Ever since the legal challenges to the Affordable Care Act, or as it is better known, Obamacare began, the pundits have kept a scoreboard on which courts have approved of the individual mandate to buy insurance, and which courts have disapproved of the constitutionality of the mandate.  The latest Appellate Court to come down with its decision was the Court of Appeals for the District of Columbia.  It may not surprise anyone that the court came down in favor of the legislation approving the individual mandate, but it may surprise you just who comprised that appellate panel. Continue reading “Conservative Take on Obamacare”

How Much Privacy Do You Expect? The Death of Privacy In America

Below is my column today in The Washington Post. The article explores the famed Katz test and whether, in trying to save privacy in America, the Supreme Court may have laid the seeds for its destruction. The test ties our privacy protections to our privacy expectations. Thus, as our expectations falls, warrantless surveillance rises — causing our expectations again fall and in turn allowing warrantless surveillance to rise further. It becomes a face to the bottom of privacy. The terrible truth is that the death of privacy in America will not be accompanied by thunderous applause, but a collective yawn from an indifferent people. Here is the column.
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The Right of Citizens To Videotape Police

Below is my column today in The Los Angeles Times where I discuss the continuing trend of arrests of citizens videotaping police. We have followed many more cases but a couple are mentioned in the column. What is most disturbing is that prosecutors and police are continuing to fight court rulings upholding the right of citizens to videotape police.

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Federal Judge Grants Injunction of New Tobacco Labels

We have previously discussed the new labeling rules for cigarette packages and I have not hidden my criticism of the graphic images from both a legal and policy perspective. This afternoon, U.S. District Judge Richard Leon handed down a major decision granting an injunction of the rules — a move based on his belief that the cigarette makers are likely to succeed in blocking the new packaging rules.

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A Decade of Misplaced Patriotism

Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

A milestone passed by most of us this past week.  It seems that the Patriot Act birthday cake added a 10th candle this week and there was no party!  The infamous Patriot Act turned 10 this week and a decade of attacks on our personal liberties went unnoticed by our Main Stream media.  You can probably remember that the act passed with little opposition in the House and with only 1 member of the Senate in opposition. Continue reading “A Decade of Misplaced Patriotism”

Not So Happy Valley

Submitted by Mark Esposito, Guest Blogger

Happier Times: Sandusky (left) with Paterno

The reports from State College, Pa are shocking. Long-time assistant to iconic coach, Joe Paterno, charged with multiple counts of deviant sexual acts with at least eight minors — most under age 12. University administrators who did nothing despite horrific credible eyewitness accounts of  explicit sexual acts in locker rooms and showers. Disadvantaged kids taken advantage of by an authority figure who founded an organization ostensibly to help them, but apparently designed to fulfill his own aberrational desires.

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Richmond, VA Photographer Arrested For Trespass on Public Street

Submitted by Mark Esposito, Guest Blogger

Richmond, Va photographer, Ian Graham, must be wondering where he was this past Monday as he was arrested by local police for trespassing on a city street. Graham, who was photographing police arresting demonstrators in the Occupy Richmond protest, was told by police he was trespassing as he politely stood near a public crosswalk  recording the goings on with his camera. Police claim they told Graham he could take photos but only in the designated “media area,” which was, of course, far from the scene of the arrests.

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Texas Judge Under Investigation After Daughter Releases Video of Savage Beating

County Court-at-Law Judge William Adams has become an Internet sensation, but not in a good way. A video was posted that purportedly shows the judge beating his disabled teenage daughter. Now, the YouTube video has triggered a formal investigation. The 2004 beating by the judge was reportedly due to her use of the Internet without his permission. The daughter leaked the video entitled “Family law judge beats own daughter for using the internet, please spread” to expose what she says is her father’s untreated “problem.” The daughter who has cerebral palsy was caught downloading music.
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ICE Balls: Federal Agents Announce “We Don’t Need a Warrant, We’re ICE”

Over the last few decades, the courts and Congress have gradually made the warrant clause of the Fourth Amendment superfluous. Now the majority of searches in the United States are done without searches and private companies are now conducting searches for copyright and trademark infringements with the pleasing of Congress (and the lobbyists that shape the laws). Now, government agents have been offering a type of inverse Miranda warning — explaining that we don’t need stinking warrants in raiding homes. In a recent raid, Immigration and Customs Enforcement (ICE) agent were asked if they had a warrant, one agent reportedly said, “We don’t need a warrant, we’re ICE,” and, gesturing to his genitals, “the warrant is coming out of my balls.”
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