Those crazy guys in Hamas are at it again. After banning women from riding motorcycles and men working as hairdressers and other “immodest acts,” Hamas has shutdown the Palestinian version of “American Idol” as “indecent” under Islamic laws and values. However, it appears kid shows featuring dismemberment and camps for kids to learn kidnapping are perfectly decent.
Continue reading “Just Say No To Idolatry: Hamas Shuts Down Program As “Indecent” Under Islamic Law”
Yesterday, my column “10 Reasons The United States Is No Longer The Land Of The Free” ran in the Sunday Washington Post. I have been heartened by response to the column. However, a few commenters continue to suggest that the National Defense Authorization Act (NDAA) does not allow for the indefinite detention of citizens. This claim is being advanced by Senator Carl Levin (D., Mich.) in emails and fax messages to voters. I wanted to respond to Senator Levin’s points which are detached from language of the law and the clear intent of the majority of Senators. I would also like to address those who have stated that our liberties are not at risk when such powers will not affect most Americans.
Continue reading “Indefinite Detention of Citizens: A Response To Senator Carl Levin”
Respectfully Submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
On Monday we celebrate the life of the Reverend Martin Luther King and honor him for his work with the Civil Rights movement. One of his most famous speeches was the 1963 “I Have A Dream” speech that he gave in Washington, D.C. to a crowd of thousands. In that speech he laid out his vision and hopes for the Civil Rights movement. I would like to review some of his words and discuss if his dream came true for African-Americans and minorities throughout our country. “I have a dream that one day this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident: that all men are created equal.” ‘ Huffington Post Continue reading “Did Martin Luther King’s ‘Dream’ Come True?”
Submitted by Gene Howington, Guest Blogger
Freedom of speech is a well established right in this country and rooted in the 1st Amendment. “Congress shall make no law [. . .] abridging the freedom of speech, or of the press”. The U.N.’s Universal Declaration of Human Rights Article 19 reads, “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” Within the United States and our jurisprudence there are some exceptions to this freedom, but by in large (up to this point in history) the restrictions are both reasonable and necessary: the Miller test for obscenity, child pornography laws, laws prohibiting speech that incites imminent lawless action, restrictions on fighting words, regulation of commercial speech such as advertising, copyright and patent laws protecting authors and inventors control over their work, and the prohibition of slander and defamation.
Let’s be clear here that the subject isn’t just free speech, but anonymous political free speech.
Here at Res Ipsa Loqitur, there is a long standing policy of allowing anonymous posting to comments and protecting poster’s anonymity. The decision to post under your own name or not is entirely yours. This policy encourages free speech while allowing that having an unpopular or minority point of view should not have negative political consequences for the speaker or unnecessarily complicate their lives simply for expressing their views. Many political insiders and Washington professionals have told Professor Turley that they enjoy reading this blog and have enjoyed posting anonymously. The only posters here required to use their real identities are the guest bloggers and the requirement is voluntary. None of us were coerced into using our real names. When offered the honor of being a guest blogger, it was simply (and I think I speak for all the guest bloggers when I say fairly) a requirement in assuming editorial responsibilities. However, all of this raises an important question.
Do you have a right to anonymous political free speech?
According to the Supreme Court, you do. According to the Department of Homeland Security, you don’t. They’ve hired General Dynamics to track U.S. citizens exercising this critical civil right.
Below is today’s column in the Sunday Washington Post. The column addresses how the continued rollbacks on civil liberties in the United States conflicts with the view of the country as the land of the free. If we are going to adopt Chinese legal principles, we should at least have the integrity to adopt one Chinese proverb: “The beginning of wisdom is to call things by their right names.” We seem as a country to be in denial as to the implications of these laws and policies. Whether we are viewed as a free country with authoritarian inclinations or an authoritarian nation with free aspirations (or some other hybrid definition), we are clearly not what we once were. [Update: in addition to the column below, a later column in the Washington Post explores more closely the loss of free speech rights in the West].
Continue reading “10 Reasons The U.S. Is No Longer The Land Of The Free”
Made Snana is a century-old ritual in India where low-caste Hindus roll in the leftover food from the meals of higher caste Brahmins. It is believed to be cure of such things as skin disorders and fulfillment of wishes, but a group of religious leaders have called for a ban on the practice. That has prompted violent attacks from those insisting on the continuation of the ritual.
Last night, we received word of two considerable accomplishments. First, we won the ABA Journal’s selection as the top opinion blog. Second, we hit our 10 millionth viewer on the blog. We are routinely ranked as one of the most visited legal blogs by AVVO. As our viewership has grown in only a few short years, we have reached a wider and wider international audience.
Continue reading “Turley Blog Hits 10 Million Viewers”
Last night the editors of the ABA Journal informed us that we have voted the top opinion blog of 2011 in the ABA Journal competition. It is our second such top award in the annual competition and it is an honor shared equally by all of our contributors and readers.
Continue reading “TURLEY BLOG PICKED AS TOP OPINION LEGAL BLOG IN 2011”
Submitted by Gene Howington, Guest Blogger
Augusta State University (ASU) of Georgia was taken to court by a clinical psychology student, Jennifer Keeton, who refused to do coursework necessary for completing her degree. The coursework in question dealt with LGBTQ population. “In her brief, Keeton describes herself as a Christian who is committed to the truth of the Bible, including what she believes are its teachings on human nature, the purpose and meaning of life, and the ethical standards that govern human conduct. She holds several beliefs about homosexuality that she views as arising from her Christian faith. She believes that ‘sexual behavior is the result of personal choice for which individuals are accountable, not inevitable deterministic forces; that gender is fixed and binary (i.e., male or female), not a social construct or personal choice subject to individual change; and that homosexuality is a ‘lifestyle,’ not a ‘state of being.’” ASU’s officials became aware that Keeton held these beliefs when she expressed to professors in class and fellow classmates in and out of class that she believed that the GLBTQ population suffers from identity confusion, and that she intended to attempt to convert students from being homosexual to heterosexual. Keeton also said that it would be difficult for her to work with GLBTQ clients and to separate her views about homosexuality from her clients’ views. Further, in answering a hypothetical posed by a faculty member, Keeton responded that as a high school counselor confronted by a sophomore student in crisis, questioning his sexual orientation, she would tell the student that it was not okay to be gay. Similarly, Keeton told a fellow classmate that, if a client discloses that he is gay, it was her intention to tell the client that his behavior is morally wrong and then try to change the client’s behavior, and if she were unable to help the client change his behavior, she would refer him to someone practicing conversion therapy.” Keeton v. Anderson-Wiley, 11th Circuit Court of Appeals, No. 10-13925, D.C. Docket No. 1:10-cv-00099-JRH-WLB (Dec. 16, 2011)
This raises some interesting questions concerning free speech, free exercise and educational and professional accreditation.
Continue reading “Science and Education Win . . . in Georgia”
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
Earlier in the month, Cardinal Francis George of the Archdiocese of Chicago angered gay rights activists by making an unfortunate comparison between the gay rights movement and the Ku Klux Klan. “Cardinal Francis George, the Archbishop of Chicago, this week told a Chicago news station that he agreed with a local Roman Catholic church’s objections to the city’s recently-adjusted Gay Pride Parade route passing by its doors and warned that the parade could “morph into the Ku Klux Klan.” George made the comment Sunday on Fox Chicago when asked about Our Lady of Mount Carmel’s complaints that the parade passing by its Belmont Avenue location would force the church to cancel its morning mass. The church recently launched a petition urging the city to force parade organizers to adjust their plans. “I go with the pastor,” George told Fox. “He’s telling us that he won’t be able to have services on Sunday if that’s the case. You don’t want the gay liberation movement to morph into something like the Ku Klux Klan, demonstrating in the streets against Catholicism.”‘ Huffington Post
The New Year brings a host of new laws that kick in on the first. For citizens in Utah, the New Year will bring an end to Happy Hours. That’s right, the heavily Mormon state has continued its harassment of citizens who drink and outlawed “drink specials.”
Continue reading “The Day Happy Died: New Year To Bring End To Happy Hours In Utah”
Catholic bishops in Illinois have followed their colleagues in other states and shutdown adoption centers rather than comply with anti-discrimination laws requiring equal treatment for gay couples. Despite my support for gay rights and same-sex marriage, I have previously written that anti-discrimination laws are threatening the free exercise of religion. There is a possible distinction between areas like tax exempt status as opposed to contracting with the state. While I strongly disagree with this tenet of Catholic faith, I do not believe that religious organizations should be forced to abandon such principles under anti-discrimination laws as a general matter. Yet, it becomes a more difficult argument in the context of a state contract where the church has decided to compete for government contracts.
Continue reading “Catholic Church In Illinois Closes Adoptions Centers To Avoid Anti-Discrimination Laws”
In Lahore, Pakistan, police arrested Amanat Masih while he was in church on Christmas day. Masih, 50, was arrested for blasphemy — the second such arrest based on what he insists are trumped up charges by one man. He was previously sent to jail for more than three years for blaspheming Islam.
Continue reading “Pakistani Police Arrest Christian For Blasphemy in Church on Christmas”
Just as Henry V rallied the thin, tired troops on the eve of the Battle of Agincourt, it is time to make that final call for votes in this year’s competition for the top opinion blog by the American Bar Association. There are now just two days left and, while we have pulled ahead in the last week, the contest remains very close with one of the top five largest legal blogs. If you like our blog, it is time to pony up and vote.
Continue reading “Just Two Days Left In The ABA Competition: We Need Your Vote!”
In Jacksonville, police are being accused of arresting and beating the wrong man in response to a report of a fight on Christmas Eve. They then arrested family members who say that were just trying to stop police from beating their relative. Daisy Besancourt, 57, was charged with failure to disperse on command, after she reportedly filmed the police and refused to turn off her phone.
Continue reading “North Carolina Police Reportedly Arrest Woman Who Refuses To Turn Over Cellphone After Filming Alleged Abuse”