Category: Free Speech

Kuwait Sentences Prominent Opposition Leader To Five Years In Prison

Fida-AlaeddinMusallam el-Barrak,a leading opposition politician and a former member of Parliament, has been sentenced to five years in prison for comments he made during a speech at a political rally in October. The conviction has sent a chilling message to those who oppose the autocratic rule of the ruling family. By Western standards, el-Barrak’s criticism was remarkably subdued. In the speech, el-Barrak repeated a phrase that would become a slogan of the protest movement — “We will not allow you” — and warned the ruler about “practicing autocracy.”

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Satanic Tweets: Turkish Court Convicts Composer Of Blasphemy

220px-Fazıl_Say_during_rehearsals_in_2011The trend of blasphemy convictions continues this week with the disturbing case of pianist and composer Fazil Say, who merely retweeted a verse from an 11th century poet on Islamic beliefs on Twitter last year. Under these laws, people are prohibited from speaking their doubts about religious orthodoxy and beliefs. Say was given a suspended 10-month jail term and a criminal record for speaking his mind in Turkey. It is the latest example of how the Islamic government in Turkey is destroying the secular traditions of the country and once gave the country greater freedom than its Muslim neighbors.

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The Laughing Bully?

By Mark Esposito, Guest Blogger

Robert Schiavelli - Is this the smile of a bully?
Robert Schiavelli – Is this the smile of a bully?

Can laughing too loud in your own home make you a bully? Some neighbors in Long Island’s Rockville Centre think so and have called police to the home of 42-year-old Robert Schiavelli about 30  times. Robert, who suffers from a host of neurological problems and seizures, lives at home with his mother and has a distinctive laugh — with a timbre somewhere between the laughs of Woody Woodpecker’s and Curly Howard’s  from the Three Stooges. Schiavelli claims the laugh is a defense mechanism against neighbors who routinely taunt him with screams of “retard,” and other epithets tied to his condition. Neighbors respond that Robert makes the annoying laugh at his bathroom window and that the noise can be heard across the street. They also claim it’s a form of bullying.

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Israeli Police Arrest Women For Wearing Prayer Shawls At Western Wall

285px-Westernwall2This week produced a reminder of the lack of separation of temple and state in Israel where the government routinely enforces Jewish religious laws. Tourists at the Western Wall watched as women were arrested in Jerusalem’s Old City for merely wearing prayer shawls in defiance of Orthodox beliefs. Orthodox laws govern the activities at the wall and Orthodox Jews believe that only men can wear shawls and pray at the wall.

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Washington Attorney General Sues Florist Who Refused To Provide Flowers For Gay Wedding

250px-Cakeinwhitesatin-1451px-White_and_green_floral_spray_wedding_decorWashington Attorney General Bob Ferguson is suing Barronelle Stutzman, owner of Arlene’s Flowers and Gifts, after she refused to provide flowers for a gay wedding. I have been writing about the tension between free exercise rights and anti-discrimination laws — a subject that I discussed at the conference this week at the Utah Valley University’s Center for Constitutional Studies. This is now an issue that is arising with greater regularity, including conflicts over wedding cakes and other items.
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San Diego Police Tell Man That His Cellphone Is A Weapon And Arrest Him After He Refuses To Stop Filming Them In Public

We have been following the continuing abuse of citizens who are detained or arrested for filming police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue. Usually police claim that it is a crime to film them. San Diego police have been videotaped with a new and even more disturbing angle on these cases. Police officers were videotaped telling Adam Pringle that his cellphone was a weapon and then arresting him.

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The Russian Duma Moves Toward New Blasphemy Law

220px-PhilipandNikonThe Russian State Duma has reportedly moved forward with new legislation pushed by the Putin government to criminalize blasphemy — a measure designed to please the Russian Orthodox church. As we have discussed previously, Putin has reestablished the link with the Church to crack down on critics and nonbelievers. The new law purportedly protects religious feelings of believers.

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Whose Airspace Is It? When the media gets it wrong.

Submitted by Charlton Stanley, guest blogger
(Otteray Scribe)
ImageThis is my first post as a Guest Blogger. I am honored and humbled to be invited to post at one of the most respected legal opinion blogs on the ‘net. I will try to maintain the high standards already set by the heavy hitters already posting here. Thank you, Professor Turley, and all the other guest bloggers and regulars here. I have been posting here and on other blogs under the username Otteray Scribe. Otteray is the Cherokee name for the Blue Ridge Mountains where I live. When in the fourth grade, I learned about the scribes of old Europe. The idea of someone actually having a job writing things down for people who were illiterate fascinated me. My username combined two of my favorite words. Blue Ridge writer. That’s me.

Just a bit of background about me. I am a forensic psychologist with about 41 years of trying to get it right. I am passionate about my work, aviation, photography and my family. Other interests include law enforcement and corrections. In future stories, I plan to write about all those subjects. Hopefully, over the past four decades I learned a few things worth sharing.

For my first effort, I wanted to focus on how people who know little of aviation get a news story, and then mangle it into something that it is not. This is not new. There was a time not long ago when any kind of general aviation airplane crashed, it was described in the press as a, “Piper Cub.” Cubs are seldom seen these days, so that descriptor has evolved to a, “small Cessna.” Perhaps this story will set the record straight, and tamp down some of the ‘Hair-On-Fire’ hyperbole about flight restrictions over the oil spill in Arkansas. This environmental disaster is personal to me. At one time, I lived and worked only a few miles from Mayflower, and have flown in and out of the Conway airport many times.

Misinformation, hyperbole and conspiracy theories have been rampant about the flight restrictions around the oil spill at Mayflower, Arkansas. The problem started when local news media referred to Exxon-Mobil getting the FAA to establish a “no-fly” zone around the oil spill. To be clear, this is a completely different issue than what is happening on the ground. Links to some of those stories are at the end of this piece.

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University of Rochester Professor Under Fire For Blog Post

SLandsbuUniversity of Rochester economics professor Steven Landsburg is under fire this week for his discussion of rape in a blog post. UR students have demanded his censure and are planning protests while UR has correctly refused to discipline Landsburg for an exercise of academic freedom. Indeed, these students (like the French students discussed earlier on the subject of free speech) have lost their bearings in demanding punishment for the expression ideas or opinions by a faculty members in my view.

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North Carolina Legislation Would Allow Establishment Of State Religion

644630Republican North Carolina state legislators have proposed a bill that would allow the state to establish a state religion and further declares the state exempt from the Constitution and court rulings. What is astonishing is that eleven GOP members are pushing the law, which rejects not just the core principles of our country but would move the state closer to the model of government currently ripping Egypt and other nations apart in mixing religion and government. The main sponsors, state Reps. Carl Ford (R-China Grove) and Harry Warren (R-Salisbury), seem to have little more judgment than they do knowledge of our Constitutional system. Obviously, the law is facially unconstitutional but it is the contempt for our separation of church and state that is truly unnerving in these members.

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Egypt Arrests Popular Satirist For Blasphemy

mq1Satirist Bassem Youssef has sometimes been called Egypt’s Jon Stewart — a refreshing uninhibited commentators in the increasingly restricted Egyptian public discourse. That ended last week as Egypt’s Islamic government added him to the spate of blasphemy arrests in defense of Islam.

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Bangladesh Moves Against Atheist Bloggers In Blasphemy Crackdown

stoningIn recent weeks, Muslims in Bangladesh have marched on the capital demanding death for atheists who have simply openly blogged about their their beliefs. Islamic groups have denounced the blogs as an insult to Mohammad and Islam and demanded arrests. In the meantime, they have attacked atheists and engaged in violent attacks in the name of Islam. They have killed eight people as part of their moral crusade. Rather than arresting the culprits, the government has moved against the bloggers.

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The Corporate Veil Meets the First Communion Veil

By Mike Appleton, Guest Blogger

Lawyers who do commercial litigation are familiar with the concept known as “piercing the corporate veil.”  A principal purpose for doing business in corporate form is to avoid personal liability for business debts.  But the veil of protection afforded by the corporate entity can be lost under certain circumstances, exposing a controlling shareholder to personal liability.  Although the application of the concept varies a bit from state to state, the general rule is that “courts will look through the screen of a corporate entity to the individuals who compose it in cases in which the corporation was a mere device or sham to accomplish some ulterior purpose, or is a mere instrumentality or agent of another corporation or individual owning all or most of its stock, or where the purpose is to evade some statute or to accomplish some fraud or illegal purpose.” Biscayne Realty & Insurance Co. v. Ostend Realty Co., 109 Fla. 1, 148 So. 460, 564 (1933).

In short, no majority shareholder would concede that his company is his alter ego.  Right?  Well, maybe not.  Recently some shareholders have been arguing, and successfully, that  their companies are indeed mere instrumentalities.

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French Jewish Students Demand Millions In Damages Against Twitter Over Anti-Semitic Tweets

150px-Twitter_2012_logoWe have been following (here and here and here and here and here) the worsening situation in England concerning free speech. As noted in a recent column, free speech appears to be dying in the West with the increasing criminalization of speech under discrimination, hate, and blasphemy laws. Now, a French Jewish student group is adding its name to the movement to curtail free speech rights. The Union of Jewish Students (UEJF) is demanding 38.5 million euros after Twitter has declined to turn over the identity of people responsible for comments deemed anti-Semitic by the group. The students appear to have no concept or at least concern for the loss of anonymity in free speech. Like others, they are focused only on their insular grievance with no appreciation for the harm caused by such court orders.

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Oregon Professor Relieved Of Teaching Duties After Bizarre Confrontation With Students

olmstead19n-6-webAn Adjunct Law Professor from the University of Oregon has been removed from teaching responsibilities after a confrontation with students that was partially filmed. James Olmsted had a confrontation with students protesting immigration policies on March 14th in which he and students exchange foul language and at one point Olmsted advises them to “start a war, get a gun, shoot me first.”

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