We 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.”
Category: Free Speech
Iran 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.
Continue reading “Iran Jails Cartoonist For Mocking Members of Parliament”
Below 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.
Continue reading “ELONIS AND THE NEAR MISS FOR INTERNET FREE SPEECH”
The 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.
Continue reading “SUPREME COURT RULES AGAINST ADMINISTRATION ON CRIMINALIZING INTERNET SPEECH”
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”
We have yet another prosecution in Egypt in the name of public morality. Reda el-Fouly is shown dancing in a low-budget clip entitled “Hands Off,” or “Sib Eddi” in Egyptian Arabic. The clip below contains no nudity but a lot of sensual moves to the music of a singer named Mena. That was enough to arrest el-Fouly and seek the arrest of her boyfriend, Wael Elsedeki.
Continue reading “Egyptian Woman Arrested For Dancing On Video for “Inciting Debauchery””
By Darren Smith, Weekend Contributor
The Dutch Cabinet voted to draft a bill to enforce a ban on wearing the Islamic burqa in various government buildings and institution. Citing what were described as security concerns, the government in a statement declared “Face-covering clothing will in [the] future not be accepted in education and healthcare institutions, government buildings and on public transport.”
Prime Minister Mark Rutte stated to journalists: “The bill does not have any religious background.”
By Darren Smith, Weekend Contributor
With all constituencies reporting, the Irish citizenry approved a constitutional amendment recognizing gay marriage: Yes 1,201,607; No 734,300.
The Constitution of Ireland permits amendment only by popular vote. A vote of the people for such amendments can provide more legitimacy and acceptance by the public and judging by the margin gay marriage will probably gain acceptance more readily. Nevertheless it does not necessarily engender full acceptance of such partnerships as over seven hundred thousand voters chose otherwise. Some institutions in Irish society will struggle to come to terms with the new direction Ireland is pursuing.
Continue reading “Gay Marriage Referendum Passes In Ireland. Unresolved Issues Will Remain”
By Darren Smith, Weekend Contributor
On Friday Irish Citizens went to the polls to vote by referendum on a constitutional amendment allowing same-sex marriage. If passed Ireland will join nineteen other nation states who have legalized such marriages and will be the first to enact the petition by popular referendum.
The topic of the referendum garnered such strong interest it is expected that a large percentage of Ireland’s 3.2 million registered voters will go to the polls. In fact, reportedly, unexpectedly high numbers returned home at their personal expense to cast votes.
Continue reading “Irish Voters Abroad Returning Home To Vote On Same-Sex Marriage Referendum”
There are new calls for the termination of incoming Boston University sociology professor Saida Grundy after disclosure that she has a criminal record from Michigan. Grundy has become the best known academic at BU before even starting her academic career at the institution . . . for all the worst reasons. However, at the risk of being called an apologist, I again believe that this is not grounds for termination and that BU should allow Grundy to assume her teaching post.
Membership of the United Nations’ Human Rights Council (HRC) has always been a rogue’s gallery of some of the world’s most oppressive nations trying to obstruct its work or artificially rehabilitate their images. Now to add insult to countless human rights injuries, Saudi Arabia wants to head the HRC. That’s right. The country that will not allow any other religion to build a simple church or place of worship in the Kingdom. The country that executes people for apostasy for simply praying to the God of their choice. The country that imprisons and flogs women for driving, adultery, or people accused of sorcery. The country that is the greatest exporter of the extreme Sharia values that are stripping away rights in various countries. The country that cuts off the hands of thieves. The country that denies free speech and executes people in intersections for things like drug dealing. That country.
Continue reading “Saudi Arabia Moves To Take Over Top Spot On The U.N.’s Human Rights Council”
We recently discussed the case of Saida Grundy, an incoming assistant professor of sociology and African-American studies at Boston University who released a series of tweets denounced by many as racist and sexist, including calling white males the main problem on college campuses and admitting how she tries not to buy anything from white people. While many called for Grundy to be fired, some of us defended her racist and sexist comments as an exercise of free speech done outside of her teaching responsibilities. However at the time, I noted “released a series of tweets denounced by many as racist and sexist. “White masculinity isn’t a problem for america’s colleges, white masculinity is THE problem for america’s colleges.” Now we have such a case and it does appear to confirm some of our concerns that the same standard is not applied to those with opposing views. Duke University professor Jerry Hough has reportedly been placed on leave after posting comments online that were also denounced as racist. While Grundy was allowed to apologize for “indelicate” comments about whites, Hough is facing calls for termination and has reportedly been put on leave. [UPDATE: there are some stories indicating that Hough may have been on academic leave rather than “put on” academic leave. It is not clear from various reports.]
Continue reading “Duke Professor Under Fire After Tweeting Statements Condemned As Racist”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor
The answer to the question posed in the title, in the state of Wisconsin, is $8 Million dollars. For those of us who think Judges are not and should not be politicians, the situation in Wisconsin is especially disturbing. However, Wisconsin is not alone in this dilemma. Thirty nine states elect their judges and the money flowing into those campaigns is increasing the concerns of special interests “purchasing” justice. Professor Turley has also commented in the past about the alarming amounts of money flowing into judicial elections.
In a recent United States Supreme Court decision, Chief Justice Roberts weighed in on money and politics in judicial elections. “Last week, the United States Supreme Court upheld a Florida judicial rule that prohibits candidates for election to state judgeships from personally soliciting money for their campaigns. ‘ “Judges are not politicians,” Chief Justice John G. Roberts, Jr., wrote in the majority opinion in the 5-4 decision, “even when they come to the bench by way of the ballot.” He went on, “Simply put, Florida and most other States have concluded that the public may lack confidence in a judge’s ability to administer justice without fear or favor if he comes to office by asking for favors.” ‘ New Yorker Continue reading “What is the Cost to Purchase a State Supreme Court?”
We have been discussing the curious start of the academic career of Saida Grundy, an incoming assistant professor of sociology and African-American studies at Boston University, who released a series of tweets denounced by many as racist and sexist. “White masculinity isn’t a problem for america’s colleges, white masculinity is THE problem for america’s colleges.” In a January tweet, Grundy wrote: “Every MLK week I commit myself to not spending a dime in white-owned businesses. and every year i find it nearly impossible.” Previously, she posted comments like “Deal with your white sh*t, white people. slavery is a *YALL* thing.” With many objecting that the University would have fired a male or white professor for such comments directed against blacks or women, donors have begun to revolt and the University was forced to issue a statement condemning the comments. Now, after a surprisingly long period of silence, Grundy has apologized but may have aggravated the situation further. She has called the statements “indelicate” and says that they were in response to unidentified events. The response has been withering with many saying that few would view the comments “indelicate” if a white professor encouraged people not to buy things from black people or calling black males as the problem on colleges.
We have been following the ongoing controversy involving Sabrina Rubin Erdely, the investigative journalist who wrote a feature story for Rolling Stone on an alleged sexual assault on the campus in Charlottesville, Va. I previously wrote about the curious response of Rolling Stone in admitting a range of shocking journalistic failures but refusal to fire anyone, including Erdely, for a story that clearly defamed a host of people and damaged the reputation of both the University of Virginia as the Phi Kappa Psi fraternity house. I have commented in the past that Rolling Stone can clearly be sued in the case and probably should be sued. Now the first such lawsuit has been filed. University of Virginia associate dean of students Nicole Eramo has filed a multi-million dollar defamation lawsuit against Rolling Stone alleging that the magazine destroyed her reputation in her portrayal as callous and indifferent and that she was vilified by Erdely and the magazine. The magazine printed a photo illustration of Eramo that allegedly was edited from a mundane Cavalier Daily photo to a more menacing image that “demonstrates the lengths Erdely and Rolling Stone were willing to go to portray Dean Eramo as a villain.”
Continue reading “University of Virginia Associate Dean Sues Rolling Stone Magazine Over Rape Story”