Category: Criminal law

If France Wants To “Stand With Charlie Hebdo,” It Must Stand First With Free Speech

300px-Eugène_Delacroix_-_La_liberté_guidant_le_peupleBelow 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).

Liberte-egalite-fraterniteAs 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:
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An Upside Down World of Justice

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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”

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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Alleged Victim of Florida State Quarterback Sues University

Jameis_Winston_2013_headcropFSU_Seminoles_logoThere has been considerable controversy over the allegation of a woman against Florida State quarterback Jameis Winston of sexual assault. The woman has now filed a civil suit against the university’s board of trustees for allegedly ignoring her claims of sexual harassment and discrimination by Winston in protection of its all-star quarterback. We recently discussed another case where a FSU player was engaged in what appears to be a hit-and-run but was given lenient treatment by local police and campus security.

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Popular Rapper and YouTuber Films His Trashing A Chicago 7-11 . . . But Remains At Large To Make Additional “Prank” Videos

Screen Shot 2015-01-08 at 7.28.06 AMThe video below is one of many by a Chicago man who videotaped himself and a friend ransacking a 7-Eleven on the Gold Coast on New Year’s Day and then stealing a coffee pot. It appears part of a series of such “pranks” by rapper who goes by the name VonMar. What is astonishing is that the Chicago police has not gotten around to arrest this guy who is identified, has sites on YouTube, Vine, and Facebook despite videos like this where he and his friend act like complete thugs and torment the store owner and customers.

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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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Florida Couple Booked For Shoplifting But Never Tells Police About Kids Locked In Car . . . For Seven Hours

walmartparentsTosheba Hope, 30, and Gerald Moultrie, 24, were arrested outside of a Walmart in Lauderdale Lakes, Florida for walk out of the retailer with $660 worth of tools and automotive accessories. Nothing unique there. Shoplifting is a continual problem for retailers. What makes this case notable is that the police took the couple away and they never mentioned that they had left their three children in a locked car in the parking lot. Indeed, for seven hours in lock up, police say that the parents said nothing about the kids. It was reportedly Walmart workers who spotted the unharmed but highly distressed kids in the car.

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Can You Guess What John Balmer Was Arrested For?

ByZihXKIf you said drugs, you are correct. John Balmer, 50, was arrested and charged with possession of meth at the Kmart in Hudson, Florida. The arresting officer clearly felt the need to snap a picture at the scene wearing his notably tee-shirt with its admission against interest (“Who Needs Drugs? No seriously, I have drugs”).

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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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Harvard Law Professor Dershowitz Threatens Utah Law Professor Cassell With Disbarment Action

image.hmlAlanDershowitz2Former 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.

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Sacked: Steelers Fan Tweets That He Would Rush Field . . . Steelers Security Rushes The Fan

B6eYE1_CYAA1SoVB6ecI8-IMAAg4xVLike many others, I watched both NFL games yesterday. However, the Cowboys/Lions game proved far more exciting than the Ravens-Steelers game. It was only because we could not get a good view of the stands. Steelers fan Jake Berlin was also a bit bored and decided to tweet that he was going to run onto Heinz field. Among his frenemies on social media was Steelers’ security which promptly located him and threw him out of the stadium — leaving him with these before and after selfies.

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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”

The New Year Brings New Accidental Shootings

220px-Criminologygunglock180px-San_Diego_FireworksA few days after the tragic shooting of a mother in Wal-Mart by her two-year-old son in Idaho, we have two additional negligent shooting in California and Georgia. These cases present differences how such shooting cases are handled. In California, a man was arrested after his girlfriend was hit by a celebratory New Year’s shot while in Georgia a wife was hit by a round fired by a local police chief. [Update: Sheriff McCollum now says that he was moving the gun while in bed when it discharged twice].

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