Category: Media

New Law In Turkey Expands Surveillance State And Cracks Down On Journalists

By Darren Smith, Weekend Contributor

Flag of TurkeyBBC News is reporting legislation is now going into effect that would expand the authority of secret police agencies and offer further immunities to its agents while at the same time proscribing punishments of up to ten years imprisonment for journalists who publish what the government considers secret information.

Opponents to Prime Minister Recep Erdogan charge that the measures were enacted to boost his authority and power and to facilitate his will to stifle evidence of his various acts of corruption.

The new law extends the ability of secret service agents to conduct foreign operations, tap phone conversations and to access data held by private and public institutions

Kemal Kilicdaroglu, leader of the main opposition Republican People’s Party, has said the law has effectively turned Turkey into an “intelligence state”.
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God’s Messenger Cliven Bundy, His Wacko Disciples, and Uncivil Disobedience

Nevada-StateSeal_svgSubmitted by Elaine Magliaro, Weekend Contributor

Cliven Bundy, the Nevada rancher and scofflaw, was hailed by some people as a folk hero and patriot recently when he—and his followers–engaged in a standoff with the Bureau of Land Management (BLM). Caty Enders (Esquire) described the scene in Bunkerville, Nevada, as pundits and politicians descended on the Bundy camp last week “to throw in their American flag hats with the BLM protestors.” She said that a FOX News van had been parked by the side of the road for days—and that “militia snipers kept a trained watch” up on a ridge “as Bundy held court.” She added that disciples of Bundy came from far and wide “to share their personal theories as to why the government was enforcing a court order.”

Bundy has had a number of advocates who have spoken in support of his militant stance against the BLM. Those advocates included some prominent politicians and members of the media. Sean Hannity was one of Bundy’s biggest boosters and helped to make him into a folk hero. Hannity talked with Bundy on a number of occasions on his Fox News show. Joan Walsh (Salon) asked a pertinent question about Bundy on Friday: “How does a guy who declared early on ‘I don’t recognize the United States government as even existing’ become a folk hero in the first place?” She said that both Hannity and Fox News should have realized that the Nevada rancher was “too toxic” prior to his “ongoing self-exposure as a racist.” She added that the extremism of Bundy’s statement about the US government “should have been warning enough that Bundy was not only crazy but dangerous…”

Enders posed a question that was in the same vein as Walsh’s: “Exactly how difficult was it, though, to determine pretty early on that Bundy and his followers were using the threat of force to back up some terrifyingly misguided beliefs?” Enders provided some insight into the thinking and beliefs of Bundy and disciples of his with whom she talked.

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Grace Under Pressure: Bullied Teen Christian Stanfield Fights Back

By Mark Esposito, Weekend Contributor

Author’s Note: Grace Under Pressure is an ongoing series of posts honoring everyday people who courageously make positive differences in their own lives and consequently in the lives of others. It is my own personal affirmation that unexpected heroes live among us and that their service is quiet but unshakable proof that virtue really is its own reward  – and ours, too.

christian-stanfieldA Pittsburgh area teen thought he was doing the right thing to end his bullying but his audio recording of the abuse only resulted in criminal charges for wiretapping. Sophomore Christian Stanfield had endured a miserable school year at the hands of  two classmates who tripped, shoved and even attempted to burn the 15-year-old with a cigarette lighter. Pleas for help to his teacher went unheeded for the teenager who suffers from comprehension delay disorder ( a brain disorder involving slower processing speed for information than is normal) ADHD, and an anxiety disorder. So last month Christian decided to get the proof he needed to make school officials listen. Sitting in his math class, he activated his Ipad as his tormentors launched another verbal fusillade. “”They were talking about pulling his pants down, and some things I can’t repeat, and laughing and cutting up like it was a big joke, it was not a joke, not at all funny,”  said Christian’s mother, Shea Love, who heard the recording at her kitchen table that afternoon.

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Sheriff Fires Texas Deputy Who Shot Dog During Burglary Call

By Darren Smith, Weekend Contributor

Candy Middleton
Candy Middleton

We previously discussed a disturbing report of a family pet shot by Rains County Sheriff’s Deputy Jerrod Dooley, HERE. The incident stemmed when homeowner Cole Middleton arrived home about 11:00 AM and discovered his residence had been burglarized and several items, including all his firearms were stolen. Several hours later, while Cole was working in a field harvesting grass, Deputy Dooley arrived. The deputy then claimed he was threatened by Cole Middleton’s cow dog Candy when she darted out from a pickup truck and was shot. Despite being begged by Cole to put down Candy to end her suffering, Deputy Dooley instead calls for help and pulls back in his patrol car to wait for “backup”. Cole, having no firearms to perform a coup de grâce, suffered the terror of having to drown Candy in a bucket to end it for her.

Jerrod Dooley
Deputy Jerrod Dooley

Newly released dash cam video capturing much of the incident shows Deputy Dooley arriving at the residence and pulling behind a pickup truck. Candy is lying down in the bed of the truck and when the patrol vehicle pulls up she stands and begins barking with tail wagging. Candy continues to bark and then jumps out of the bed and is subsequently shot by Deputy Dooley. Shortly thereafter, Cole walks up and Deputy Dooley informs him that he had to shoot his dog. Cole is understandably distressed yet the deputy calls for backup saying he needs “help” and is shown backing out of the driveway.

Sheriff David Traylor fired Deputy Dooley and later stated to a KLTV reporter that it was for Dooley’s safety because of numerous threats made against him and the department. He added that it is the safest move for the department and the deputy.
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Republican Governors Association and The South Carolina GOP Launch Campaign Demonizing Candidate For His Work As A Criminal Defense Lawyer

396240_10150561221141731_1338208520_n220px-Vincent_SheheenWe have recently discussed attacks on lawyers for simply doing their jobs in representing accused individuals. It is truly vile and McCarthyist trend that seeks to punish professional working within our criminal justice system. It is particularly offensive therefore when a large, presumably respectable organization unleashed such an attack. However, that is precisely what the Republican Governors Association has done in the attack ad below against State Senator Vincent Sheheen (left) who is being opposed because he represented people accused of crimes. To its credit, the South Carolina Bar Association has stepped forward to denounce the ad as containing “uncivil, misleading political rhetoric.” It is a shameful and shocking ad that attacks the very notion of due process guaranteed by our Constitution. The ad is designed to help Gov. Nikki Haley in her reelection campaign.

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The Michigan Affirmative Action Case: Two [GW] Justices Face Off On CNN

Supreme Court150px-gwulogoBelow is yesterday’s column on CNN.com on the ruling in the Michigan affirmative action case, which we discussed earlier this week. I was asked to write a response to the decision and jumped at the opportunity to feature a couple of the GW “justices” from my Constitution and the Supreme Court seminar. The class meets in the Spring Term and reviews one case a week from the docket of the Supreme Court for that term. We read and discuss a selection of briefs filed in each case and the lower court opinion. The “justices” then rule on the merits, explaining their own take on the underlying legal issues and the role of the Court in the controversy. We then take a separate vote to predict what that “other” Supreme Court will do. Over the years, I have found that the students are remarkably accurate in their predictions, far more accurate than most commentators. Indeed, I have often found the opinions of the GW Court to be superior to its more famous counterpart on Capitol Hill. At the end of the term, each student writes a majority opinion and either a dissenting opinion or concurring opinion. They can choose any case from the current term. Of course, public commentary following the release of a decision might raise some questions of judicial ethics, we can at least claim to have been more circumspect than some of the members of that “other” Court. So here is the column from CNN and thank you Justices Yvette Butler and Vincent Cirilli.

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Second Circuit Orders Obama Administration To Release Drone Memos On Killing U.S. Citizens

PresObamaUS-CourtOfAppeals-2ndCircuit-SealWhile President Obama ran on a pledge to be the most transparent presidency in history, critics have charged that — as with promises to protect civil liberties and international law — Obama has done precisely the opposite of what he promised. His Administration has radically expanded the national security state while fighting every effort in court to challenge unchecked executive powers, including his successful effort to get Congress to dismiss dozens of public interest lawsuits over surveillance, torture, etc. The latest effort of the Obama Administration was to refuse to release even redacted version of legal memoranda on Obama’s use of drones to kill U.S. citizens. I have previously written about Obama Kill list policy in columns and blog posts. What is interesting is that the Obama Administration shows utter contempt for the federal courts in first claiming that any release of redacted classified legal arguments would endanger national security and then, after the district court yielded to the government, proceeding to discuss the very same information in public when it suited the Administration. The United States Court of Appeals for the Second Circuit finally said enough. The problem is that the district court did not exercise its authority to reject the clearly excessive claims of the government. It is only because the government contradicted itself — not the facially overboard claims made before the district court. The case is New York Times v. United States Department of Justice, 2014 U.S. App. LEXIS 7387. The case highlights the extreme hostility shown by the Obama Administration to both transparency and the media.

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21,000,000

We only recently passed the 20,000,000 mark last February but we just hit 21,000,000, according to WordPress. Congratulations everyone. This has been a banner year for the site with a continuing increase in traffic, links on other sites, and new voices on the blog. These milestones are coming faster and they give us a chance to look at the spread of our regular readers and commentators. As always, I want to offer special thanks for our weekend contributors: Mark Esposito, Eliane Magliaro, Mike Appleton, Larry Rafferty, Charlton Stanley and Darren Smith. The increasing traffic on the site is gratifying and reaffirms that there are many people looking for mature and civil debate. Even among the top ten sites, I believe that we offer a unique forum of different views and backgrounds in the discussion of law and politics (and a few quirky items).

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Peoria Mayor vs. the First Amendment

Submitted by Charlton (Chuck) Stanley, Weekend Contributor

This piece could easily have been titled, Peoria Mayor Jim Ardis (below, left) discovers the Streisand Effect.

Peoria Mayor Jim Ardis (Official Photo)
Peoria Mayor Jim Ardis
(Official Photo)

The same might be said of Peoria Police Chief Steve Settingsgaard. Sometime in February or early March, the Twitter account @Peoriamayor was created, with a picture and fake bio of Mayor Ardis. On or about March 10, the account was labeled a parody, clarifying that it was not really Jim Ardis’ account. That did not deter Ardis, who appears to be as thin-skinned as any politician we have seen recently. He recruited Police Chief Settingsgaard to track down whoever was behind the parody Twitter account.

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New York School Bans Two Students Who Brought Confederate Flag To After-Hours Sporting Event

220px-Confederate_Rebel_Flag.svgTwo high school students at St. Anthony’s High School in Long Island have been suspended indefinitely after they walked into an after-hours sporting event wearing a Confederate flag draped over their shoulders. We recently discussed another suspension of a student involving a Confederate flag. I have the same free speech concerns in this case. The question is whether other flags would also be confiscated and the student suspended in my view. While I can certainly understand how this flag represents racism for many, others view the flag as a symbol of Southern heritage and heroism. I often see them in Virginia and recoil a bit due to the association with slavery. However, my concern is where the school is drawing the line on speech.

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Dallas Judge Bars Attorney From Appearing In Shorts Due To A Large Leg Brace After Knee Surgery

ccc5Dallas attorney James Lee Bright faced a dilemma: he had to appear in court but he recovering from knee surgery with a large leg brace and an ice machine attached to his leg to stop swelling. He could not fit his pants over the hardware so he wore a shirt, tie, jacket, and shorts. That did not go over well with Judge Etta Mullin (left) who refused to hear his motion to dismiss a weapons charge for a client because he was wearing shorts. It was a rather unsympathetic and inflexible decision but it was not the first for this particular judge. However, it is the mounting criticism of Mullin that raises the question of why the Democratic party has pushed for her reelection and why the state bar has not investigated allegations of injudicious conduct.

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A’Peel Gone Bad: Posner Dismisses Case Of The “Banana Lady” And Suggests Bar On New Filings Pending Payment of Outstanding Fees

220px-Banana_(partially_peeled)220px-Richard_posner_harvardzJudge Richard Posner has crushed the appeal of Catherine “Banana Lady” Conrad who sued for copyright infringement over the publication of her photograph in her costume after appearing at parties for children. Posner not only dismissed her case, he encouraged a lower court to bar her from new filings and published a picture as part of the opinion. The picture is now part of an official opinion and court record. As discussed below, The Banana Lady fared much worse than did The Human Cannonball in an earlier analogous case brought under the common law as opposed to copyright.

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Sensitivity Training or Self-Censorship? Journalism Dean Publishes “Islam for Journalists” To Teach Reporters How Not To “Inflame” Muslims

Islam for Journalistspintakl Lawrence Pintak, dean of the Washington State University’s Edward R. Murrow College of Communication, has written a controversial guide for journalists on how to cover stories without insulting Muslims. “Islam for Journalists” is an effort to educate reporters on the sensitivities of Muslims to avoid triggering protests or violence. Pintak writes that “Across the Muslim world extremists are wielding their swords with grisly effect, but the pen . . . can be just as lethal.” That line captures the controversy because it seems to suggest that reporters are a cause of violence when they fail to adhere to the demand of religious values or orthodoxy in their publications.

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