Continue reading “Supreme Court To Rule On Health Care And Free Speech”
Category: Free Speech
This afternoon, the blog passed 12,000,000 all-time hits. While still smaller than some of other sites in the top ten legal blogs, we just passed 11,000,000 not long ago and we have continued to grow. I am very proud of our community and our attempt to offer a place for civil and responsible conversation. I encourage our regulars and visitors to continue to avoid the personal attacks and name calling common elsewhere on the Internet.
The Illinois Supreme Court handed down an interesting decision on Thursday where it ruled that it was not illegal for an adult man to have sex with a 17-year-old girl but it was illegal to film it. Marshall Hollins, 32, was arrested in March 2009 and charged with three counts of child pornography after photographing himself having sex with his 17-year-old girlfriend. The sex was fine but the photos were the crime.
Below is today’s column on the continued use of state controls over alcohol in the United States. With the decision this month of Washington state to embrace the free market system and drop controls, citizens in other states are rightfully asking why officials keep this form of central planning, including officials in conservative states that purportedly favor free enterprise over government regulations.
Canadians appear to be striving to make up for lost time in realizing the dream of George Orwell’s “1984.” The most oppressive aspect of the life of Winston Smith in Oceania, Airship One was the televisions that allowed Big Brother to watch you 24/7. Ottawa airport is now wired with hidden microphones to allow the Canada Border Services Agency (CBSA) to continually eavesdrop on travellers’ conversations.
by Gene Howington, Guest Blogger
Graphic art such as posters, paintings and film can be and often are considered works of art. Can propaganda using these mediums be considered art? Propaganda posters are considered art by many and in the design industry “propaganda” is considered a style all its own. Consider these examples and decide if you think they constitute art as well as propaganda.
Join the Turley Force as we discuss yet another facet of propaganda!
This means you!
Continue reading “Propaganda 102: Holly Would and the Power of Images”
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
We have discussed the alleged War on Women in past blog articles here on Prof. Turley’s blog, as well as the Roman Catholic Church’s attempts to silence the Nuns over their support of Obamacare. The Vatican is now battling the good Sisters over the alleged evilness of Masturbation! The Vatican’s watchdog office called “The Congregation for the Doctrine of Faith” has come out against a book written by Sister Margaret Farley’s in 2006 titled, Just Love: A Framework for Christian Sexual Ethics, because, among other evil statements, the female author states that masturbation never hurt anyone. Such heresy! Continue reading “The Vatican Goes to War Against the Nuns over the “M” Word”
Submitted by Elaine Magliaro, Guest Blogger
Some people have no sense of humor. Some people find obscenity where there is none. Case in point: Earlier this year, parents of a kindergarten student in the Annville-Cleona School District made a complaint about The Dirty Cowboy, a humorous picture book that their child brought home from the school library. The parents felt that Adam Rex’s illustrations of the cowboy’s partial nudity in the book were “pornographic” and wanted it banned. In April, the school board agreed with the parents and voted unanimously to remove the book from school libraries in the district.
Note: Before the school board’s vote, the district’s book review committee voted 5-1 to remove the book, with Cleona librarian Anita Mentzer voting against it. Other committee members included Annville-Cleona Superintendent Steven Houser, the assistant superintendent, the technology director, and Cleona Elementary’s principal. (School Library Journal)
There were protests against the banning of The Dirty Cowboy by free-speech organizations and an online petition in favor of repealing the ban that was signed by more than 300 people. The National Coalition Against Censorship and the American Booksellers Foundation for Free Expression sent a letter to the district asking that the book be returned to school library shelves.
Submitted by: Mike Spindell, guest blogger
Liber: From Wikipedia, the free encyclopedia
“In ancient Roman religion and mythology, Liber (“the free one”), also known as Liber Pater (“the free Father”) was a god of viticulture and wine, fertility and freedom. He was a patron deity of Rome’s plebeians and was part of their Aventine Triad. His festival of Liberalia (March 17) became associated with free speech and the rights attached to coming of age. His cult and functions were increasingly associated with Bacchus and his Greek equivalent Dionysus, whose mythologies he came to share.”
Lib·er·ty: [lib-er-tee] noun, plural lib·er·ties. 1. freedom from arbitrary or despotic government or control.2. freedom from external or foreign rule; independence. 3. freedom from control, interference, obligation, restriction, hampering conditions, etc.; power or right of doing, thinking, speaking, etc., according to choice. 4. freedom from captivity, confinement, or physical restraint: The prisoner soon regained his liberty.5. permission granted to a sailor, especially in the navy, to go ashore. (from Dictionary.com)
With the ongoing discussions, cum arguments, that have flowed back and forth for years on our various threads between our Libertarian, Rand influenced commenters and people of other perspectives, I’d like to explore the similarities and differences that distinguish those three title words all obviously flowing from the same Latin Root. As we see Liber was a Roman God associated with freedom. With the definition of Liberty above we can see that the suffix ty (meaning state of) converts this freedom loving God into a concept of freedom. Al as a suffix which means pertaining to, added to Liber creates a noun connoting someone who believes in Liberty, in other words the political view called Liberal.
Now Tarian as a suffix connotes: “A believer in something. An advocate of something. (rare) A native or inhabitant of somewhere.” Thus we see that Libertarian connotes by its’ structure a noun which means an advocate of freedom. These three title words therefore all have the same root and each is evocative of the support of freedom, so how come there are not only numerous internecine battles between advocates of Liberty? Dropping etymology, which is not my area of expertise, I’d like to opine on why this disagreement between advocates of Liberty, thus in some ways disciples of Liber, have led to such angry disputations. Continue reading “Liberty, Liberal, Libertarian”
-Submitted by David Drumm (Nal), Guest Blogger
We have previously discussed how black magician Pandit Surinder Sharma repeated attempted to kill rationalist Sanal Edamaruku (the James Randi of India) with a death-causing tantra, here. The still very much alive Edamaruku recently went to an Irla (suburb of Mumbai) Catholic church where he debunked a “miracle” where water was seen trickling down Jesus’ feet. Edamaruku identified the source of the water as a leaky drainage pipe and explained that capillary action was the cause of the water reaching Jesus’ feet.
Continue reading “Indian Rationalist Arrested For Blasphemy”
New York is facing a couple of religious challenges to barring recruits from the police academy. The first is a Jewish applicant who was fired for failing to cut his beard to a proscribed length. The second is a Muslim applicant who was fired for saying that he believed homosexuals should be locked up in answering a series of questions on a police form.
Continue reading “NYPD Facing Religious Challenges From Jewish and Muslim Applicants”
The Georgia Department of Transportation has denied the application of a Ku Klux Klan group to join the state’s Adopt A Highway program. The denial of the International Keystone Knights of the KKK to adopt part of Route 515 in the Appalachian Mountains raises some serious first amendment questions. While popular, the denial could could face a successful challenge under existing case law.
Submitted by: Mike Spindell, guest blogger
My father had a favorite saying with which was to excoriate me on the many occasions when I had misbehaved. “The Road to Hell is paved with Good Intentions”. He used this to chastise me for some bad behavior, but more importantly to give me guidance of the “slippery-slope” that I was on when I behaved badly. Although it’s been 50 years since his death his words have remained with me even though I’ve aged into a man who’s lived far longer than he had. It’s been my observation that there is truth to this cliche, yet it does represent a form of logic, the “slippery-slope”, which can often also be specious. When I read this New York Times Article: “Slippery-Slope Logic, Applied to Health Care” by Economist Richard H. Thaler, Published: May 12, 2012http://www.nytimes.com/2012/05/13/business/economy/slippery-slope-logic-vs-health-care-law-economic-view.html , I was again reminded of my Father’s admonitions and began to think about the use of “slippery-slope” logic. As it relates to SCOTUS and health care Mr. Thaler’s critique of the “slippery-slope” logic being applied by Justice Scalia did ring true:
“Consider these now-famous comments about broccoli from Justice Antonin G. Scalia during the oral arguments. “Everybody has to buy food sooner or later, so you define the market as food,” he said. “Therefore, everybody is in the market. Therefore, you can make people buy broccoli.” ”
“Justice Scalia is arguing that if the court lets Congress create a mandate to buy health insurance, nothing could stop Congress from passing laws requiring everyone to buy broccoli and to join a gym.”
“Please stop! The very fact that a slippery slope is being cited as grounds for declaring the law unconstitutional — despite that “significant deference” usually given to laws passed by Congress — tells you all that you need to know about the argument’s validity. Can anyone imagine Congress passing a broccoli mandate law, much less the court allowing it to take effect?”
These are excepts from Mr. Thaler’s article. His short column is well worth reading for his examples of the problem with “slippery-slope” logic. My piece though, is neither about health care, nor SCOTUS. I’d like to explore the question of the validity of “slippery-slope” arguments that have been commonly used in public discourse and whether we would be better off as a society if we ignored them. Continue reading “The Slippery Slope”
This morning, the Idaho Attorney General and Director of the Idaho State Liquor Division was informed that Ogden’s Own Distillery has retained my services to challenge the decision to block sales of “Five Wives Vodka” in Idaho. The businesses in Idaho were denied the right to “special order” the vodka because it was viewed as offensive to the large Mormon population in the state. The state also denied “general listing” to allow stores to sell the product. As on our other cases, I have to be circumspect on what I can say about the case in light of the pending litigation.
Continue reading “Utah Distillery To Challenge Idaho Ban On “Five Wives Vodka””
This report in Haaretz details a highly disturbing account of how Israel’s Shin Bet security service interrogated American citizens with Arab backgrounds for hours and demanded access to their personal email accounts at Ben Gurion Airport. After spending a night in custody, they were denied entry into Israel in May. If these accounts are true, why has there been no formal and public objection from the Obama Administration?