Category: Criminal law

Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Politics

Whistlebowers Past and Present

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

In recent weeks and months, we have all heard and read the many articles and stories about the whistleblower Edward Snowden and his disclosure of enormous amounts of NSA “secrets”.  His disclosures have exposed what the NSA was really doing, which is spying on practically every American’s metadata online and on the phone.  His disclosures have also put on display what happens to a “whistleblower” in this day and age.  He has been forced to flee his home country and is currently living in exile in Russia.

Just what were his crimes that made him fear for his safety and raised doubts as to whether he would ever be given a fair trial for his alleged disclosures of secret material and programs?  He did what any good American should do and that is expose illegal or immoral governmental activities and allow the American public to decide whether its government is acting legally and fairly. Didn’t he?

You may think his disclosures were an unprecedented example of a citizen uncovering and disclosing government programs designed to, at best, skirt the line of legality by spying on Americans, but you would be wrong. Continue reading “Whistlebowers Past and Present” →

Bizarre, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society

Edward Snowden And The Public Interest Defense: Part 3 – Limiting the Role of The “Public” In The Public Interest Defense

By Mark Esposito, Guest Blogger

This is the third of a multi-part article on the Public Interest Defense and its application to the the Edward Snowden situation. The defense is not recognized in America but other nations have considered this legal mechanism to provide an appropriate way to deflect criminal charges from whistleblowers like Snowden. Part 1 can be found here and  Part 2 can be found here.

snowdenWe found in parts 1 & 2 that the absolute right to a public plebiscite on punishment for political crimes goes back centuries to at least the time of Publius Horatius. We also saw that rulers have used this right to manipulate outcomes to further their own interests in deflecting blame or attacking political opponents. In modern times, the jury has replaced the assembled citizenry but the motivation of rulers to limit or channel the ancient right to their own ends remains. Even in America where the defense doesn’t technically exist but where its cousin, whistleblower protections, do, the urge to rein in messengers of truth remains.

The Public Interest Defense Abroad

Imagine the most influential prosecutor in modern America uttering the following words about the public’s right to understand the secret inner workings of  its government:

Continue reading “Edward Snowden And The Public Interest Defense: Part 3 – Limiting the Role of The “Public” In The Public Interest Defense” →

Academia, Criminal law, Free Speech, Media, Politics, Society

North Carolina Professor Under Fire For Disclosing Athletes Who Can Barely Read Or Write

image011326px-University_of_North_Carolina_Tarheels_Interlocking_NC_logo.svgWe have repeatedly discussed the corrosive effect on schools with large sports programs. This influence can be seen in lower academic standards to ethical violations to actual shielding of criminal conduct. Despite such scandals, the blind support for popular football and basketball programs continues with excessive salaries for coaches and the continued use of students for this profitable and popular non-curricular function. Professor Mary Willingham is feeling the full brunt of that distortive and often unhinged support for sport programs. She committed the sin of publishing a study showing lower standards for athletes in money-making teams for the university. The reaction was an array of threats against her life and a university that has disavowed her research after first denying knowing of research that it once supported. The university has now gone into radio silence — adding to the appearance of yet another institution unwilling to address such problems.

Continue reading “North Carolina Professor Under Fire For Disclosing Athletes Who Can Barely Read Or Write” →

Constitutional Law, Criminal law, Free Speech, International, Politics, Society

English Man Sentenced For Wearing KKK Outfit And Supporting “Notorious Figures”

A man who admitted posting online footage of himself dressed in a Ku Klux Klan costume to stir article-2535947-1A7D7C8800000578-641_634x428article-2535947-1A7EF30C00000578-119_306x423The widening divide between the United States and England over free speech was captured vividly in the case this case of Christopher Philips who was sent to jail for conduct that would have been viewed as hateful but protected in the United States. Philips was charged with appearing in three YouTube videos dressed as a klansman and posing with a life-sized golliwog doll (a type of rag doll depicting a black person). He is the latest person convicted for “giving offense” in England. Indeed, he pleaded guilty because, as Judge John Warner noted, “It does not require advanced education or knowledge of history to know what you were seeking to convey might cause offense.”

Continue reading “English Man Sentenced For Wearing KKK Outfit And Supporting “Notorious Figures”” →

Academia, Criminal law, Free Speech, Lawyering, Media, Politics, Society

Professor Campos Responds To Professor Leiter In Controversy Involving Professor Leong

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camposAs many of you have followed, there is a controversy that appears to building by the hour. Let’s start with a quick recap. There is a free speech controversy swirling around an ethics complaint in Illinois brought by University of Denver law professor Nancy Leong (below left). Leong runs a blog site called Feminist Law Professors and recently discovered the identity of an anonymous commenter who has, according to Leong, left racist and sexist comments. She says that he is a a public defender in his late 40s and she wants him punished for his comments. He posted under the name Dybbuk. Some of us criticized that complaint as ill-advised and a threat to free speech principles. Then University of Chicago Professor Brian Leiter (left) who held a poll of sorts to determine if he should reveal the name of Dybbuk. Leiter says that Professor Paul F. Campos (right) has threatened him not to reveal the identity of the poster targeting Nancy Leong with the disclosure of unspecified embarrassing information on Leiter. That is where we last left this controversy. We have now received a response from Professor Campos.

Continue reading “Professor Campos Responds To Professor Leiter In Controversy Involving Professor Leong” →

Academia, Bizarre, Criminal law, Free Speech, Society, Torts

University of Chicago Professor Accuses Colorado Law Professor Of Threatening Him With Embarrassing Disclosures in Leong Controversy

camposLeiterBrianWe have been discussing the effort of University of Denver law professor Nancy Leong to have the Illinois bar punish an anonymous poster called “Dybbuk” who criticized her on a blog as well as other female law professors. Now, University of Chicago Professor Brian Leiter (right) has added a rather bizarre twist to this story on his blog. Professor Leiter says that Professor Paul F. Campos (left) has threatened him not to reveal the identity of the poster targeting Nancy Leong with the disclosure of unspecified embarrassing information on Leiter. [Update: Professor Campos has responded]

Continue reading “University of Chicago Professor Accuses Colorado Law Professor Of Threatening Him With Embarrassing Disclosures in Leong Controversy” →

Constitutional Law, Criminal law, Torts

Chicago-Area Police Department Accused Of Ransacking Innocent Couples Home And Stealing Valuable Items

Seal_of_Lake_County,_Illinoistape3_MEDA couple in North Chicago, Illinois, Brandy Allen and Nicholas Timmons, have filed a lawsuit against the Lake County Metropolitan Enforcement Group, a Lake County MEG officer, “unknown agents” and “unknown police officers” in a disturbing case of alleged robbery and abuse. The couple says that police stopped them without cause and proceeded to arrest them, interrogated them, and ransack their apartment. They also allege that police took an array of valuable items from their apartment and refused to return the property.

Continue reading “Chicago-Area Police Department Accused Of Ransacking Innocent Couples Home And Stealing Valuable Items” →

Bizarre, Criminal law, Free Speech, International, Media, Politics, Religion, Society, Uncategorized

Introducing the Cyber Burka: Iran Outlaws The Virtual Intermingling Of The Sexes

150px-muslim_woman_in_yementhumb_at_computer_silloetteThere are times when Iran and other sharia-based countries look like characters out of a Fellini film. This week, Iran’s Ayatollah Ali Khamenei issued another fatwa to Muslims that left the rest of the world chuckling. Khamenei has outlawed participation in social networks that include both men and women. He wants something akin to a Cyber Burka for women to avoid even getting as little as a tweet from a man who is not a family member. Adding to the absurdity, he used his website (which presumably has both men and women) to make the announcement.. He also has a Facebook but presumably any future “friends” will be male.

Continue reading “Introducing the Cyber Burka: Iran Outlaws The Virtual Intermingling Of The Sexes” →

Constitutional Law, Criminal law, Society, Torts

Family Calls N.C. Police To Home During Son’s Schizophrenic Episode . . . Police Repeatedly Taser The Boy, Pin Him On Ground, and Then Shoot Him

vidal8n-1-webThere is a troubling case out of Boiling Spring Lake, North Carolina, where a family says that police were called to assist them with their son, Keith Vidal, 18, who was having a schizophrenic episode. After tasering and holding down the boy, an officer shot and killed him. The family says that the police pointed out that he had a screwdriver but they say that the screwdriver was tiny and could not have hurt anyone and that Vidal, who was being held down by multiple officers, was only 90 pounds.

Continue reading “Family Calls N.C. Police To Home During Son’s Schizophrenic Episode . . . Police Repeatedly Taser The Boy, Pin Him On Ground, and Then Shoot Him” →

Constitutional Law, Criminal law, Free Speech, International, Politics, Religion

French Government Officials Call For A Ban And Prosecution Of Comedian For Hateful Speech

220px-DieudoWe 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). Much of this trend is tied to the expansion of hate speech and non-discrimination laws. Often these cases involve vile or obnoxious speech, but such speech is the test of our values. We do not need laws to protect popular speech. One case in point is French comedian Dieudonne M’Bala M’Bala, who likes to target Jews in his popular shows. He has already been hit with fines approaching $100,000 for his jokes and there is no a move to have been prosecuted criminally. For jokes. Bad even sick jokes to be sure. But jokes.

Continue reading “French Government Officials Call For A Ban And Prosecution Of Comedian For Hateful Speech” →

Bizarre, Congress, Criminal law, Justice, Politics

Notes From America’s Animal Farm: Clapper Now Did Not Lie But Was Confused And Shocked

Robert-Litt220px-James_R._Clapper_official_portraitThe Obama Administration continues to struggle with questions of why it has blocked any investigation, let alone prosecution, of James Clapper (right), director of National Intelligence, who previously acknowledged lying before the Senate. Not only has Clapper not been fired, but Obama has asked him to help oversee the “reforms” of the very abusive program that he helped run and then lied about to Congress. It is part of America’s Animal Farm where government officials can commit crimes with impunity while pursuing others like Snowden for arrest. Yet, the questions persist about Clapper so the Administration sent forth National Intelligence general counsel Robert Litt (left), who promptly made it far worse.

Continue reading “Notes From America’s Animal Farm: Clapper Now Did Not Lie But Was Confused And Shocked” →

Criminal law, International, Politics, Religion, Society

BBC: Taliban Commander Sends Eight Year Old Sister On Suicide Mission

158px-flag_of_afghanistansvgEven for people who have followed the utter depravity and hatred of Muslim militants in places like Afghanistan, the BBC report from Helmand province yesterday truly shocked the conscience.  BBC is reporting that an eight-year-old girl was found approaching a police checkpoint wearing a suicide vest.  She is thought to be the sister of a leading Taliban commander.

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Congress, Constitutional Law, Courts, Criminal law, Politics

NSA Refuses To Confirm That It Has Not Spied On Congress While Secret Court Renews Massive Surveillance Program

NSA logo smallBernieSandersSen. Bernie Sanders asked the National Security Agency (NSA) a question that one would have thought would be easy to answer: has the NSA spied on Congress with its massive surveillance programs? The answer that came back was chilling in what it did not say. The NSA would only assure Sanders that it has “the same privacy protections as all U.S. persons.” That must be a bit unnerving for Congress since it has allowed the NSA to strip citizens of the most basic privacy protections.

Continue reading “NSA Refuses To Confirm That It Has Not Spied On Congress While Secret Court Renews Massive Surveillance Program” →

Criminal law, Society

Iowa Man Arrested In DUI Case After His Level Of Intoxication Exceeded Measurement on Breathalyzer

bildeThere is an interesting case out of Iowa City where Levi B. Carter, 28, has been charged with drunk driving. Nothing uncommon there. However, Carter was arrested at his home after a passenger called police following a crash into a street sign. He was found at home with a blood alcohol content nearly six times the legal limit.

Continue reading “Iowa Man Arrested In DUI Case After His Level Of Intoxication Exceeded Measurement on Breathalyzer” →