Category: Free Speech

Free Speech, Media, Politics, Religion, Society

NBC Dumps Trump Over Controversial Illegal Immigration Remarks [UPDATED]

Donald_Trump_March_2015220px-nbc_logosvgThis is truly painful since I am neither a fan of Donald Trump or beauty pageants, but here it is: Is it possible that the actions taken against not just Donald Trump but his business associations are excessive? NBC has issued a statement that it will no longer air the Miss USA and Miss Universe pageants and that Trump will no longer participate in “The Celebrity Apprentice.” (Univision previously banned the pageant as did Televise. Mexico swore not to send its contestant to the pageant). Now many people have long advocated a Dump the Trump position because they view him as an obnoxious self-caricature. However, NBC is now dropping its association with Trump because he said highly negative things about border illegal aliens at a political event. [Now Macy’s has joined the corporate Dump Trump movement]

One could understand dropping a personality from a show like “The Celebrity Apprentice” over public comments, but the network is shooting shows that are connected Trump’s business interests. It seems odd to pull the plug on the Miss USA and Miss Universe contestants solely because the events is connected financially to someone who has controversial political views. The Miss USA contestants expected to appear on NBC on July 12 from Baton Rouge. The network has aired the program for the last 11 years.

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Constitutional Law, Free Speech

Seattle Police Action Against Sign Warning Motorists Of Oncoming Speed Trap Likely A Violation Of Free Speech Rights

By Darren Smith, Weekend Contributor

From screen shot: KOMO News
From screen shot: KOMO News

While this might seem to some as a Tempest in a Tea Pot involving only a traffic infraction, the actions of a Seattle Police Department Motor Traffic Unit could put the city into a legal liability for a violation of free speech rights.

Several days ago, Daniel Gehlke saw motorcycle officers set up near the intersection of 14th Avenue South and South Washington and begin enforcing stop sign and speed laws. Mr. Gehlke then obtained a Rubbermaid container lid and wrote thereon the words “COPS AHEAD! Stop at sign and light!” He stood nearby the intersection displaying the lid to warn drivers of the traffic unit’s presence and recommend compliance with the law.

Unfortunately for Mr. Gehlke the traffic unit took exception to this and cited him under a Seattle Municipal Ordinance making the display of a sign “bearing any such words as ‘danger,’ ‘stop,’ ‘slow,'” and more… [with] Directions likely to be construed as giving warning to or regulating traffic.”

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

Pennsylvania Politicians Seeks To Impose Registry and Other Limitations In Strip Clubs

2350px-poledsc325We have previously discussed efforts of politicians to add costs or otherwise harass owners and customers of strip joints for moral, social, or political reasons. Both feminists and religious right advocates have targeted the businesses. The latest such effort is being spearheaded by Pennsylvania state Rep. Matthew Baker, R-Tioga, who admits that he has introduced a new draconian measure to respond to faith-based groups. His bill would force strippers to register with the state, ban alcohol in strip joints and create a buffer zone between dancers and patrons (effectively barring “lap dances.”).

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

Controversial Filmmaker O’Keefe Detained At Border By Customs

CIHe_UEUEAA7r4YConservative filmmaker James O’Keefe has reported that he was detained by U.S. Customs and Border Patrol agents Monday when attempting to reenter the country. The reason appears his widely published video showing him crossing the border repeatedly from United States and Mexico while dressed as Osama bin Laden. The video succeeded in capturing what critics have complained about for years: that the border remain wide open and that the Administration is misleading the public on the ease with which potential terrorists could cross into the United States illegally. Whatever the merits of that video, it does seem to me to be either a form of journalism or political speech. It was also very embarrassing for Customs and the Administration. That makes the action troubling if O’Keefe was told, as he states, that he will be detained from now on whenever he tries to reenter the United States.

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Academia, Bizarre, Constitutional Law, Free Speech, International, Media, Society

Berkeley Holds Seminars To Discourage Use Of Terms Like “Melting Pot” As Racial “Microaggressions”

200px-University_of_California_Seal.svgI have written columns and blogs through the years about the disturbing trend on U.S. campuses toward free regulation and controls. In the name of diversities and tolerance, college administrators and professors are enforcing greater and greater controls on speech –declaring certain views or terms to be forms of racism or more commonly “microaggressions.” The latter term is gaining support to expand the range of controls over speech and conduct to include things that are indirect or minor forms of perceived intolerance. The crackdown seems most prevalent in California where lists of “micro aggressions” seems to be mounting as a macroaggression on free speech. The new list of verboten terms out of University of California (Berkeley), headed by Janet Napolitano, captures the insatiable appetite for speech regulation. The school has asked faculty to stop using terms like “melting pot” or statements like “I believe the most qualified person should get the job.” They are now all microaggressions. Not only are school buying into the concept of microaggressions and speech regulation, but they are shaping a generation of students who seem to look for any possible interpretation of terms to take offensive at.

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Constitutional Law, Free Speech, International, Media, Politics, Society

Kuwait Sentences Female Activist and 21 Others For Reading From Speech Critical Of Emir

PrisonCell220px-Sheikh_Sabah_IVIn 1991, President Bush announced the start of military operations to free Kuwait from the ravages of dictatorship after the invasion of Iraqi forces. He promised to restore Kuwait and its people to freedom. In the years following the liberation however Kuwait’s government has repeatedly shown that real freedom was confined to its ruling family and not average Kuwaitis. The sentencing in absentia of Rana Jassem al-Saadun is only the latest example. The female rights activist was given three years in jail for simply repeating parts of a speech by an opposition leader that was critical of Emir Sheikh Sabah al-Ahmad al-Sabah, Kuwait’s authoritarian leader.

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Congress, Environment, Free Speech, International, Politics, Religion, Science, Society

Pope Issues Rare Encyclical On Climate Change That Demands Action To Curtail Carbon Emissions To Save Humanity

120px-Pope_Francis_in_March_2013_(cropped)earth-screensaver_largeAs widely rumored, Pope Francis has issued a historic papal encyclical that agrees with the vast majority of scientists that global warming is real, largely caused by mankind, and threatens the very future of humanity. He has called for emergency action to curtail carbon emissions by reducing fossil fuels and developing renewables.

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Academia, Constitutional Law, Free Speech, Society

Illinois Sanctioned By AAUP Over Termination of Professor For Anti-Israeli Views

dJZiSXft_400x400We previously wrote about the decision of the University of Illinois to withdraw the employment of Professor Steven Salaita due to his publication of anti-Israel views on Twitter. I raised concerns over the decision as punishing an academic for views expressed outside of the classroom. It appear that the American Association of University Professors has the same concerns. The AAUP has passed a censure of the University — a significant sanction for a university that has strived to be included among the top school.

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Constitutional Law, Free Speech, Media, Politics, Society

Montana Moves To Criminalize Speech Deemed Insulting To Religious or Racial Groups

100px-Montanastatesealnicubunu_open_mouthWe have been discussing the crackdown on free speech in the West, particularly in England, France, and Canada. It is a rising concern that seems to be lost on Montana legislators and prosecutors who want to follow the path of speech criminalization. The Montana criminal defamation statute criminalizes speech that exposes religious, racial, and other groups — “to hatred, contempt, ridicule, degradation, or disgrace” — an absurdly broad standard that would make a Sharia judge blush.

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Constitutional Law, Free Speech, International, Politics, Religion, Society

Erdogan’s Ruling AKP Loses Majority In Turkish Elections

By Darren Smith, Weekend Contributor

Flag of Turkey220px-Recep_Tayyip_ErdoganThose having great concern of the rise of Turkish President Recep Erdogan as a threat to free speech and his pursuit of an increasingly autocratic government can breathe, at least in the short term, a collective sigh of relief. With ninety-nine percent of the polling counted, Erdogan’s AK Party lost its parliamentary majority, preventing it from successfully pursuing constitutional changes that could solidify his power and what likely would lead further erosion of the traditionally secular state. This is the most significant setback to the AKP in the thirteen years it has governed over Turkey.

The announcement of the loss of majority came as a surprise as many feared manipulation of the voting process and witnessed numerous attempts at voter suppression and the jailing of media officials and those critical of the president.

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Animals, Constitutional Law, Free Speech, Society

Law Clerk Suspended and Then Resigns After Criticizing Police Officer Killed In Accident With Deer

raspajpg-0397ccfc40370108We have previously discussed the increasing trend toward monitoring and disciplining private and public employees for comments on social media. These cases raise difficult questions of free speech in our society. The most recent such case involves Leslie Anderson, a law clerk for a New Jersey judge who resigned after being suspended after she made comments on Facebook criticizing a state trooper who was killed in a crash with a deer. While some praised 24-year-old Anthony Raspa (left) as a hero, Anderson also expressed sympathy for the dead animal, saying “I agree that it is sad and heart-wrenching for the family members left to suffer the consequences of the trooper’s recklessness—especially for the deer family who lost a mommy or daddy or baby deer.”

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

Iran Jails Cartoonist For Mocking Members of Parliament

548x331208126_atena_farghadaniIran has continued its assault on free speech this week with the jailing of an artist for simply drawing a cartoon disparaging members of parliament. Atena Farghadani, 28, who is a peaceful activist and artist who sought to mock the decision to restrict birth control for women. Rather than respond to such criticism, the ruling Mullahs sent her to jail.

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Columns, Congress, Constitutional Law, Courts, Criminal law, Free Speech, Media, Politics, Society

ELONIS AND THE NEAR MISS FOR INTERNET FREE SPEECH

Supreme CourtBelow is my column today in USA Today on the decision of the Supreme Court to reject the Obama Administation’s argument for a low standard in criminalizing speech on the Internet and other forums. The Court did not have to directly deal with the free speech implications of the case since it ruled on the standard for criminalization. The Court rejected the lowest standard of a reasonable person in establishing a criminal threat. However, with the remand, the issue may come back to the Court under another effort to adopt an alternative standard of recklessness.

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Constitutional Law, Courts, Criminal law, Free Speech, Media, Politics

SUPREME COURT RULES AGAINST ADMINISTRATION ON CRIMINALIZING INTERNET SPEECH

Supreme CourtThe Supreme Court has handed down its decision in Elonis v. United States, a case that had sweeping implications for free speech on the Internet. The Obama Administration sought to establish a low standard for criminalizing speech based on a reasonable person standard that would have gutted the requirement of scienter or intent in establishing a criminal threat. The Court adopted the narrowest basis to remand the case but it clearly rejected the lower standard sought by the Administration. In doing so, free speech dodged a bullet today and the Obama Administration came perilously close to rolling back on protections for free speech on both the Internet and social media.

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Congress, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Politics, Society, Uncategorized

Bankers Make a Mockery of the Law, and No One Goes to Jail

200px-Jamie_Dimon

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contibutor

It has happened again.  Several big banks have been caught with their hands in the cookie jar and are paying billions in fines for their admitted transgressions.

“On Wednesday, four large global banks — Citigroup, JPMorgan Chase, Barclays and Royal Bank of Scotland — pleaded guilty to a series of federal crimes over a scheme to manipulate the value of the world’s currencies. The Justice Department accused the banks of collusion in one of the largest and yet least regulated markets, noting that at one bank one trader remarked “the less competition the better.”

That lack of oversight, coupled with the pressure to squeeze profits from a relatively middling business, set the stage for this scandal, one that unfolded nearly every day for five years. The crimes described on Wednesday also painted the portrait of something more systemic: a Wall Street culture that enabled many big banks to break the law even after years of regulatory black marks after the crisis.” New York Times Continue reading “Bankers Make a Mockery of the Law, and No One Goes to Jail” →