We have yet another case of an officer threatening to arrest a citizen for filming him in public. In the perfect libertarian nightmare, the officer was threatening a Ron Paul supporter who he had accused of distracting traffic with his sign in Exton, Pennsylvania.
Continue reading “Pennsylvania Officer Threatens Ron Paul Supporter With Arrest for Filming Him in Public”
Category: Free Speech
As complaints rise over mass arrests by Boston police in the Occupy Boston protests, Mayor Thomas Menino decided to add a rather draconian note by announcing ” “Civil disobedience will not be tolerated.” It was a moment reminiscent of former Chicago Mayor Richard Daley announcing in the 1968 Democratic Convention protests that “the policeman isn’t there to create disorder; the policeman is there to preserve disorder.”
Continue reading “Boston Mayor: Civil Disobedience Will Not Be Tolerated”
The Iranian courts have responded to a film detailing the repression of artists in Iran by ordering the flogging and imprisonment of an actress, Marzieh Vafamehr. Vafamehr will be given 90 lashes and imprisoned for a year for her role in “My Tehran for Sale,” a film that tells the story of a young actress in Tehran who cannot perform due to government repression.
Submitted by Gene Howington, Guest Blogger
How many of you know the difference between a right and a privilege? As most of the audience for Res Ipsa Loquitur have an interest in law and/or politics, I’m going to hazard the guess that most of you have at least a rudimentary understanding of the difference in terms although it is a deceptively complicated subject on a philosophical level. However, just so there is no mistake in fundamental terms, we’ll start with basic relevant definitions.
rights, n.,
1) plural of right, which is the collection of entitlements which a person may have and which are protected by the government and the courts or under an agreement (contract).
privileges and immunities, n.,
the fundamental rights that people enjoy in free governments, protected by the U.S. Constitution in Article IV: “The citizens of each state shall be entitled to all privileges and immunities in the several States,” and specifically to be protected against state action by the Constitution’s 14th Amendment (1868): “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” The definition of “privileges and immunities” was first spelled out by Supreme Court Justice Bushrod Washington in 1823: “protection by the government, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety, subject, nevertheless, to such restraints as the government may prescribe for the general good of the whole.” However, the exact nature of privileges and immunities which the state governments could limit has long been in dispute, with the U.S. Supreme Court gradually tipping toward protecting the individual rights of citizens against state statutes that might impinge on constitutional rights. [emphasis added]
rights given or reserved to the people by the U.S. Constitution, and in particular, the Bill of Rights (first ten amendments). These rights include: writ of habeas corpus, no bill of attainder, no duties or taxes on transporting goods from one state to another (Article I, Section 9); jury trials (Article III, Section 1); freedom of religion, speech, press (which includes all media), assembly and petition (First Amendment); state militia to bear arms (Second Amendment); no quartering of troops in homes (Third Amendment); no unreasonable search and seizure (Fourth Amendment); major (“capital and infamous”) crimes require indictment, no double jeopardy (more than one prosecution) for the same crime, no self-incrimination, right to due process, right to just compensation for property taken by eminent domain (Fifth Amendment); in criminal law, right to a speedy trial, to confront witnesses against one, and to counsel (Sixth Amendment); trial by jury (Seventh Amendment); right to bail, no excessive fines, and no cruel and unusual punishments (Eighth Amendment); unenumerated rights are reserved to the people (Ninth Amendment); equal protection of the laws (14th Amendment); no racial bars to voting (15th Amendment); no sex bar to voting (19th Amendment); and no poll tax (24th Amendment). Constitutional interpretation has expanded and added nuances to these rights. [emphasis added]
Now what would you say if you knew that state senators were proposing legislation that would convert Freedom of Speech from a right to a privilege? This is not a theoretical question. Four state senators from New York are currently considering proposing such legislation. Fortunately, the 1st Amendment gives us the right to discuss what a bad and scary idea it is that they propose.
-Submitted by David Drumm (Nal), Guest Blogger
Rev. Fred L. Shuttlesworth is ranked alongside Rev. Martin Luther King Jr. and the Rev. Ralph David Abernathy as one of the nation’s civil rights leaders. He was 89 when he died on Oct. 5 in Birmingham, Alabama. Shuttlesworth survived bombings, beatings, and the business end of a fire hose that left him chest injuries. Shuttlesworth was often on the front lines of civil rights protests.
For the second time in two years, a visit by the Dalai Lama has been blocked by the South African government — only a week after South Africa’s Deputy President Kgalema Motlanthe visited with Chinese leaders in Beijing. However, the government insists that it was under no pressure from China and the visa was simply not processed fast enough.
Earlier today, I posted another case out of Illinois where an officer arrested a citizen for recording him in public — only to have the charges later dropped without any disciplining of the officer. Now in New York city we have another alleged case where an officer detains a citizen over public videotaping — not of him, mind you, but of ground zero. Meredith Dodson of Georgia says that Officer Mark DeSimone not only detained her but became threatening with her and other citizens who objected to his arbitrary action over her taking a photo of the famous site.
Continue reading “Georgia Woman Reportedly Detained For Taking Photo Of Ground Zero”
We have yet another person arrested for recording a police officer in public. Louis Frobe felt he was wrongly stopped for speeding and decided to use his phone to videotape and record the stop and its surroundings. When he held the phone outside of the window to videotape the surrounding area, the officer proceeded to arrest him and charge him with a felony in Illinois. The arresting officer is identified in a lawsuit as Ralph H. Goar of the Village of Lindenhurst.
Continue reading “Police Arrest Illinois Man For Videotaping Traffic Stop”
A Kuwaiti court on Sunday sentenced a Sunni Islamist activist to three months in jail for tweeting comments that were deemed derogatory to Shiite Muslims. I have previously written about the increase in such blasphemy prosecutions, including a trend in the West, as well as President Obama’s decision to support a U.N. resolution embracing the concept of blasphemy prosecutions – an abandonment of our long opposition to such laws. As previously discussed in a column and a line of blog stories (here and here and here and here), various Western governments have been curtailing free speech by prosecuting blasphemy and speech against various groups. In this case, Mubarak al-Bathali was convicted over his use of Twitter. It appears that you can blaspheme in 140 words or less.
Continue reading “U R BdBy: Kuwait Jails Blogger For Tweet Critical of Shiites”
Campus Republicans at the University of California Berkeley have reportedly received threats after creating a novel form of protests against California schools considering race in admissions. The students created a sale of baked goods priced according to their race: white men for $2.00, Asian men for $1.50, Latino men for $1.00, black men for $0.75 and Native American men for $0.25. All women will get $0.25 off those prices.
Continue reading “A Pinch of Satire: Bake Sale Causes Uproar at Berkeley”
Submitted by Elaine Magliaro, Guest Blogger
Part I
Jonah Goldberg was not pleased with Banned Books Week: Just a Lot of Propaganda Says Jonah Goldberg, the post that I wrote for the Turley blog last Sunday. In my post, I criticized Goldberg’s op-ed titled Banned Books Week is just hype, which appeared in USA Today on September 5th. Goldberg responded to my criticism of his op-ed with a blog post titled Banned Book B.S. Cont’d at the National Review Online (NRO). He said that my effort to come “to the rescue of the Banned Book Week crowd” was “entirely underwhelming.” He added, “A big chunk of her response restates my op-ed while casting her incomprehension as if it’s a rebuttal.”
Goldberg said my insinuation that the threat of book banning is a more serious problem than we realize because of the book challenges that go unreported to ALA (American Library Association) was “incredibly lame.”
Submitted by: Mike Spindell, guest blogger
To my mind the greatest movie satire on the idiocy of the Cold War and the fear it inspired in humanity, was Stanley Kubrick’s masterpiece “Dr. Strangelove, or How I learned to Stop Worrying and Love the Bomb”, released in 1964. The plot in brief was, “An insane general starts a process to nuclear holocaust that a war room of politicians and generals frantically try to stop”. For those unfamiliar with one of the best American movies of all time check this link: http://www.imdb.com/title/tt0057012/
Rent the movie if you haven’t seen it, for it will bring you dark laughter and present you with much to ponder. At the time of its release, some disparaged the movie as being un-credible in its characterizations and not believable in it premises. I hadn’t thought of the movie in years until I came across this article at the website Buzzflash.com titled “The Theology of Armageddon” by Robert Koehler. http://blog.buzzflash.com/node/13024 . The article is relatively brief, but well worth your time.
The article deals with a course titled “Nuclear Ethics and Nuclear Warfare” at Vandenberg Air Force Base, given under Air Force auspices. As the Robert Koehler states:
“(I)t turns out that the point of the mandatory course, which was recently canceled by the Air Force after officers of numerous faiths complained to the Military Religious Freedom Foundation about it and Truthout published an exposé in July, was to give officers in the first week of missile-launch training a Bible-verse-studded indoctrination in faux-Just War Theory (cynically known in the ranks as the “Jesus Loves Nukes” training)”.
What got me thinking of the movie Dr. Strangelove was a quote in the article from Dr. Wehrner Von Braun, which makes credible the satiric reality of the movies title character, Dr. Strangelove, hysterically portrayed as a heavily accented former NAZI, by Peter Sellers. Seller’s character was widely denounced as being unfair to Von Braun, at the time, but seeing this quote from him makes me wonder:
“We knew that we had created a new means of warfare and the question as to what nation . . . we were willing to entrust this brainchild of ours was a moral decision more than anything else,” von Braun is quoted as saying. “We wanted to see the world spared another conflict such as Germany had just been through and we felt that only by surrendering such a weapon to people who are guided by the Bible could such an assurance to the world be best secured.”
To me this is post facto justification by von Braun of his choice of the comfort of an honored life in the U.S. mirroring his NAZI lifestyle and providing a sop to detract from the truth that he was an enthusiastic war criminal. Von Braun had developed the V (I & II) guided missiles for the NAZI’s and became the head of the United States Ballistic Missile Program. Von Braun was a NAZI Party member of distinction and it seems dedication. His missiles fell upon Great Britain in the closing days of WW II as an attempt to cause terror within the British people and were random in their destruction. That he then became an honored man in the U.S., rather than a defendant at Nuremburg, is a tribute to our own hypocrisy in prosecuting the Cold War. A similar mindset seems to have infected some in our Air Force as I will show. Continue reading “As We Careen Towards a Dream of Armageddon”
Submitted by Mark Esposito, Guest Blogger
Porn king Larry Flynt has issued a new bounty. On Thursday, the Hustler magazine publisher, offered $1 million to anyone with proof of “an illicit sexual liaison” involving Republican presidential candidate, Rick Perry. Flynt is not too particular either, he’ll accept both gay and straight encounters.
There is an interesting controversy in Fort Worth, Texas where Dakota Ary, an honors student was suspended for turning to another student in his German class and saying that he viewed homosexuality as wrong. The teacher at Western Hills High School became angry in overhearing the comment and accused Ary of being a bully.
Continue reading “Student Disciplined For Telling Friend In Class That He Views Homosexuality As Wrong”
Judge Richard A. Posner is a legal icon who has had more impact on the development of the law. As the father of the Law and Economics movement, Posner’s writings are featured heavily in my classes as well as other classes around the country. While I disagree with him, I have tremendous respect for his scholarship and jurisprudence. However, a recent oral argument revealed a less flattering side of the former University of Chicago professor. Faced with an attorney from the American Civil Liberties Union in a case involving the right of citizens to film police in public, Posner cut him off after 14 words and spoke derisively of the right of citizens and groups to engage in such protected conduct.
Continue reading “Posner Ridicules Right of Citizens To Film Police in Seventh Circuit Oral Argument”