Category: Free Speech

Et Tu National Review?

Submitted by: Mike Spindell, guest blogger

The National Review was founded in 1955 by William F. Buckley, Jr. It defined its’ purpose in a statement of intentions:

“Middle-of-the-Road, qua Middle of the Road, is politically, intellectually, and morally repugnant. We shall recommend policies for the simple reason that we consider them right (rather than “non-controversial”); and we consider them right because they are based on principles we deem right (rather than on popularity polls)…” http://en.wikipedia.org/wiki/National_Review

Bill Buckley, the son of an oil baron, was born to wealth and privilege. He was a lieutenant in the Army from 1943 until 1945 when he entered Yale and became a member of Skull and Bones, along with future President George H.W. Bush. In 1953 Buckley became prominent for his book “God and Man at Yale”. So when he founded the National Review he was already prominent in Conservative circles. Oh yes, it should be mentioned he was a CIA field agent under E. Howard Hunt, from 1951 through 1953.

“George H. Nash, a historian of the modern American conservative movement, believed that Buckley was “arguably the most important public intellectual in the United States in the past half century… For an entire generation, he was the preeminent voice of American conservatism and its first great ecumenical figure.”[6] Buckley’s primary contribution to politics was a fusion of traditional American  political conservatism with laissez-faire economic theory and anti-communism, laying groundwork for the new American conservatism of U.S. presidential candidates Barry Goldwater and President Ronald Reagan“. http://en.wikipedia.org/wiki/William_F._Buckley,_Jr.

Whether you like the National Review or not, you must admit that it is the single most important magazine of the Conservative movement in America and has been so since its’ founding. As you can see from their mission statement above they claim to eschew popularity and polls, serving higher priciples. I was therefore interested to come across a story this week that calls into question their true dedication to higher principles, or perhaps one of their principles is merely naked greed. Continue reading “Et Tu National Review?”

Senate Votes Overwhelmingly To Allow Indefinite Detention of Citizens

In one of the greatest attacks on civil liberties in this country’s history, Democratic and Republican Senators voted yesterday to approve a measure as part of the $662 billion defense bill that would allow for the military to hold both citizens and non-citizens indefinitely without trial — even those arrested on U.S. soil. In a welcomed change, President Obama has committed his Administration to fighting the measure as inimical to the rule of law. The measure was pushed by Carl Levin (D – Michigan) and John McCain (R – Arizona). While some members of Congress like Ron Paul (R., Texas) have denounced the bill, the measure passed at the same time that Administration lawyers publicly declared that the military and intelligence agencies alone should decide whether a citizen should be killed without a charge or hearing (including killing citizens on U.S. soil) — a position supported by President Obama who has ordered the killing of U.S. citizens under his claim of inherent authority.

Continue reading “Senate Votes Overwhelmingly To Allow Indefinite Detention of Citizens”

Saudi “Scientific” Report Warns Lifting Driving Ban On Women Will Lead To “No More Virgins” Within Ten Years

Kamal Subhi, a former professor at the King Fahd University, and the Majlis al-Ifta’ al-A’ala, Saudi Arabia’s highest religious council, have issued a “scientific” report that the proposed lifting of the ban on women driving will result within ten years in “no more virgins” in the Kingdom as well as “a surge in prostitution, pornography, homosexuality and divorce.”

Continue reading “Saudi “Scientific” Report Warns Lifting Driving Ban On Women Will Lead To “No More Virgins” Within Ten Years”

Turley Blog Selected As A Top 100 Legal Blog — Now We Need Your Vote!

The ABA Journal has released its list of the top 100 legal blogs in the world and we are once again in this august group of blogs. Congratulations to all of our regulars contributors and weekend bloggers. This blog’s success is due entirely to the consistently high level of commentary among our readers and, I believe, our commitment to civil and substantive (if at times passionate) dialogue on the legal and political issues of our day. We are again placed in the “opinion” category and facing two of the top five most popular blogs. You can vote at You can vote at this site by clicking on the “opinion” category and we need your vote. A quick registration is needed to prevent cheating in the competition.

Continue reading “Turley Blog Selected As A Top 100 Legal Blog — Now We Need Your Vote!”

Could Hoover Sue J. Edgar?

While some critics have panned the new movie “J. Edgar,” reviews among former FBI agents appear far more harsh. This article was sent to me by one of my students given our discussion this week of the rule that you cannot defame the dead. Indeed, the controversy over the film raises that very question as well as an interesting question of whether alleged homosexuality should still be considered per se defamation.
Continue reading “Could Hoover Sue J. Edgar?”

Canadian Court Upholds Polygamy Law

As many of you know, I am lead counsel in the Sister Wives case challenging the constitutionality of Utah’s statute criminalizing plural or polygamous marriage. I also served as legal expert in the challenge to a similar law in Canada. The court has now ruled in that case and upheld the law in the decision below. While I strongly disagree with both the legal and factual conclusions of the Court, it is a decision that is worth reading. The decision can now be appealed to the higher courts in Canada.
Continue reading “Canadian Court Upholds Polygamy Law”

Suffolk Professor Resigns Over Anti-Military Statements of Colleague

We have been following the uproar over Suffolk Professor Michael Avery’s email criticizing the sending of care packages to troops abroad. Many of us joined in that criticism while supporting Avery’s right to raise his objections. Now, an adjunct professor, U.S. Army Reserve Major Robert Roughsedge, serving in Afghanistan has resigned over the controversy — a curious response that seems to suggest that Avery should not have been allowed to voice such positions.

Continue reading “Suffolk Professor Resigns Over Anti-Military Statements of Colleague”

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

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.”
Continue reading “Let’s Kill All The Lawyers?”

The Smell of Corporatist Fear, Smells Just Like . . . a Lobbyist Memo

Submitted by Gene Howington, Guest Blogger

UPDATED: Newton’s Third Law of Motion is commonly expressed by the phrase “for every action, there is an equal and opposite reaction”.  The action in question is the Occupy Wall Street Movement.  The reaction in question is fear.

Huffington Post obtained a copy of a memo being sent by high-powered Washington lobbying firm Clark, Lytle, Geduldig, Cranford to one of its major Wall Street clients over Thanksgiving.  Previously unnamed, it has been revealed that the major Wall Street client in question is the American Bankers Association.   The four page memo was first revealed by MSNBC’s Chris Hayes, host of the show “Up with Chris Hayes“.  The first two paragraphs of the memo are indicative of the mood and probably sets the tone for what many in the lobbying industry are having to admit as an inconvenient truth.   Namely the truth that the OWS Movement is gaining traction for their cause and doing so in such a way that politicians are eventually going to be forced to put on the appearance of action in bringing the criminals on Wall Street to justice if not actually bring them to justice.  The fear on behalf of the lobbyists and their Wall Street clients is palpable.

The first two paragraphs of the Thanksgiving Memo read as follows:

Continue reading “The Smell of Corporatist Fear, Smells Just Like . . . a Lobbyist Memo”

Credibility Gapp: China Cracks Down on “Fake Journalists” In Further Denying Freedom of Press and Speech

In the Orwellian world that is the People’s Republic of China, one has to often reverse the meaning of terms to understand their true meaning. That is the case again this week when China announced a new crackdown on journalists to “protect” the public from “fake journalists and news.” In modern Chinese, that means protecting the public from real journalists. The crackdown is being carried out by he General Administration of Press and Publication (GAPP).
Continue reading “Credibility Gapp: China Cracks Down on “Fake Journalists” In Further Denying Freedom of Press and Speech”

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.
Continue reading “Chicago Journalism Professor: Chicago Police Department Detained Him and Deleted Video of Arrest”

Suffolk University Law Professor Triggers Firestorm With Criticism of Care Packages To U.S. Troops

Michael Avery, a professor at Suffolk University Law School, has found himself at the center of a raging storm after he sent the four-paragraph email below to colleagues complaining about the “shameful” program at the school to send care packages to U.S. troops abroad. Avery, a constitutional law professor, objected to send such packages to people “who have gone overseas to kill other human beings.” As you might imagine, the response has superheated with even Senator Scott Brown (R., Mass.) attacking the professor.
Continue reading “Suffolk University Law Professor Triggers Firestorm With Criticism of Care Packages To U.S. Troops”

Malaysian States To Force Homosexuals To Appear Before Sharia Courts For Added Punishment

Two Malaysian states are moving to further increase the punishment of homosexuality in their enforcement of Sharia law. New laws in Pahang and Malacca would increase penalties beyond the current provisions allowing for up to 20 years in prison and caning. What is interesting is that the laws are designed to guarantee consecutive sentencing so that the local punishment would be in addition to the federal punishment.
Continue reading “Malaysian States To Force Homosexuals To Appear Before Sharia Courts For Added Punishment”

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.

Continue reading “The Right of Citizens To Videotape Police”