Category: Media

Constitutional Law, Courts, Criminal law, Media, Politics, Society

Sister Wives Case Cited In Supreme Court’s Historic Same-Sex Marriage Ruling

240px-sister_wives_tv_series_logo220px-File-Official_roberts_CJ_croppedI am still doing commentary on today’s history ruling in favor of same-sex marriage. It was a remarkable day for all of us outside of the Court. As many of us quickly read through the opinions, hundreds of people broke out into song: singing our national anthem. It never sounded so beautiful or so meaningful. As I went live with Jake Tapper on CNN, I noticed a familiar reference however. The Chief Justice cited to the Sister Wives litigation now pending before the United States Court of Appeals for the Tenth Circuit. I am lead counsel for the Brown family, which prevailed in striking down the criminalization of cohabitation in Utah. The Wall Street Journal and other media outlets also discussed our case.

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Bizarre, Media, Society

Apple Pulls All Games Featuring Confederate Flag From App Store

125px-Apple-logoConfederate_Rebel_Flag.svgGaming sites are reporting that Apple has pulled all war games featuring the confederate flag from the App Store as “offensive” and “hateful.” That decision of course wipes out historically accurate Civil War games. As a military history nut, I find the actions by Apple to be bizarre and revisionist. This was the symbol of one side in one of the world’s most famous military conflicts. When used in the context of a war game, it is obviously being used to closely mirror the symbols, uniforms, and equipment of the time.

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Constitutional Law, Courts, Media, Society, Supreme Court

Obamacare Spared Through “Jiggery-Pokery”?

scaliaSupreme CourtI spent most of the day opining in front of the Supreme Court and in studies on the 6-3 ruling in favor of the Obama Administration in King v. Burwell. I will not subject you to more of that analysis. I have previously indicated that I found the opposing view of the Halbig decision against the Administration to be compelling, though I have always viewed this to be a difficult question upon which people of good-faith could disagree. Yet, in both my prior congressional testimony and my columns, I have never accused the Administration of “jiggery-pokery” — largely because I was not sure what jiggery-pokery is. However, Associate Justice Antonin Scalia has written a stinging dissent to King that contains the memorable accusation that the majority was engaging in “interpretive jiggery-pokery.”

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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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Academia, Constitutional Law, Criminal law, Media, Society

Former Student Sues Amherst College Over The Denial Of Due Process In His Expulsion Over An Allegedly False Rape Charge

Amherst_College_Seal.svgA male student identified as “John Doe” has sued Amherst College for allegedly denying him due process and ignoring evidence that he says proved another students Sandra Jones, lied about an alleged rape at the college. This is the second such lawsuit accusing the school of stripping students of due process in the handling of sexual harassment or assault claims. I have previously written about my concerns over the heavy-handed measures that the Obama Administration has forced on universities over the objections of faculty and students alike in such cases.

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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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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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International, Justice, Lawyering, Media, Military, Politics, Society, Travel Blog

LONDON CALLING: DAY ONE IN LONDON ENGLAND

Clock_Tower_-_Palace_of_Westminster,_London_-_May_2007 This week I will be blogging from London, England. Today will be the first day, though I arrive around 10 pm in London. I will be speaking at the 800th anniversary of the Magna Carta. I will be participating on a program organized by Hon. Delissa A. Ridgway, Judge of the United States Court of International Trade entitled “What if . . . there had been no Magna Carta?”

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Media, Military, Society

Army General Introduces His Husband At Major Military Conference

14-DECEMBER-2012---Col-Randy-S--TaylorRainbowFlagThere was a moment this week that many thought they would never see. Brig. Gen. Randy S. Taylor rose to address a major conference and introducing his spouse. However in this case his spouse was his husband Lucas who was sitting in the same row with Defense Secretary Ashton Carter Army Secretary John McHugh and other senior officials. Taylor has served 27 years through the ban on gays, the “don’t ask don’t tell policy,” and now the new policy of openness. He and Lucas have had an 18-year relationship.

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Bizarre, International, Media

FIFA Flob: Soccer Organization’s $29 Million Film Makes $609 In Debut

imagesWe have previously discussed the disastrous reign of FIFA President Sepp Blatter, who made himself and the soccer organization notorious for mismanagement and corruption. Yet, like any organization of “made men,” Blatter was immune from virtually universal contempt until recently when a criminal investigation put him directly into harm’s way.

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Constitutional Law, Courts, Criminal law, International, Media, Religion, Society

Saudi Arabia Upholds Barbaric Sentence Of Blogger To Flogging and Jail For Insulting Islam

badawiSaudi Arabia’s Supreme Court reaffirmed yesterday that it rejects the most fundamental notions of due process, free speech, freedom of religion, and the free press. It was able to do all of that in one case — perfectly capturing the inherently abusive elements of Sharia law and religiously based legal systems.

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Constitutional Law, Criminal law, Media, Society

Texas Police Officer Suspended After Release of Videotape Of Response To Disturbance At Pool Party

Screen Shot 2015-06-08 at 8.48.04 AMA McKinney, Texas police officer has been suspended pending review after the posting of a videotape where he draws his gun and manhandles a group of teenagers outside of a pool party. The officer has been identified as Cpl. Eric Casebolt and he is shown being verbally and physically abusive toward young people who are not clearly doing anything unlawful.

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Bizarre, Lawyering, Media, Society, Torts

Stupid Lawsuit Of The Month: Atlanta Lawyer Sues Over Posting Entitled “Stupid Patent of the Month”

stupid-patent-square-2Atlanta lawyer and inventor Scott Horstemeyer has responded to a critical posting on one of his patent as “stupid patent of the month” by filing what is clearly the stupid lawsuit of the month. The defendant is the Electronic Frontier Foundation which only expressed its opinion on the patent but Horstemeyer appears to believe that the expression of such opinions can be defamation. Also named is Daniel Nazer, the EFF lawyer who wrote the post.

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Criminal law, International, Media, Religion

ISIS Executes Gay Men By Tossing Them From Building In Front Of Hundreds, Including Children

isis execution 3The Islamic State is offered the world another horrific view of its enforcement of Islamic or Sharia justice. The Islamic extremists tosses gay men from a building in front of a large crowd. The men were held by their ankles and then dropped from the roof. WARNING: the photos at this site are highly disturbing.

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