The video below of Michigan State University Professor William Penn on the first day of his creative writing class has triggered an investigation by the university into a diatribe against Republicans. A student filmed the comments (and it was released by a conservative group) where Penn is heard attacking Republicans for “raping” America and refusing to pay taxes. The case will pit values of academic freedom against the need for an open and welcoming environment for students at universities.
Category: Media
In its latest attack on the free speech, the Obama Administration has secured a gag order to prevent activist-journalist Barrett Brown and his lawyers from discussing his work exposing online surveillance by the Administration. On this occasion, however, Eric Holder and the Obama Administration convinced a federal judge to go along. U.S. District Judge Sam Lindsay in Dallas Texas has issued a sweeping gag order to prevent not just Brown but his legal team from discussing the online surveillance. The Justice Department insisted on the order to protect Brown. That’s right, they insist that, if Brown discussed the abusive surveillance by the Obama Administration, it would endanger his right to a fair trial.
Despite the obvious free speech concerns, UCLA’s undergraduate student government unanimously passed a resolution last week to declare that any use of the term “illegal immigrant” is now deemed racist and offensive. It is an example of how anti-discrimination policies are cutting deeply into free speech. Millions of people in this country are indeed here illegally. While many would prefer to use “undocumented workers,” many others believe that these individuals are illegal by definition and should not be allowed to circumvent immigration laws. It is a worthy debate with arguments on both sides. However, I am very uncomfortable with students (who historically have been voiced for free speech) declaring that use of this descriptive term is now considered racist or prejudicial.
Continue reading “UCLA Students Declare “Illegal Immigrant” To Be Racist And Discriminatory”
By Mark Esposito, Guest Blogger
In yet another sign of the apocalypse by ignorance, a recently released poll by Public Policy shows that 29 percent of Louisiana Republicans believe Barack Obama was more responsible than George W. Bush for the inept federal response to the Hurricane Katrina disaster. The poll asked: “Who do you think was more responsible for the poor response to Hurricane Katrina: George W. Bush or Barack Obama?” The results were startling. Only 28 percent picked the right answer and 44 percent answered “Not sure.” Never mind that at the time of the great storm Barack Obama could only get into the White House by invitation or that he had barely a year under his belt in the U.S. Senate, the state with a quarter of its population being deemed functionally illiterate blames the current President.
-Submitted by David Drumm (Nal), Guest Blogger
President Obama claims that a chemical weapons attack was carried out by the Syrian government in Ghouta on Aug 21. The Obama Administration then sent an “intelligence official” to Foreign Policy magazine to leak the intelligence supporting that claim. That intelligence consisted of captured phone call between an official of the Syrian Ministry of Defense and the leader of a chemical weapons unit. The phone calls were described as panicky with the official demanding answers.
Continue reading “Was A Rogue Syrian Officer Responsible For Chemical Weapons Attack?”
Submitted By: Mike Spindell, Guest Blogger
A story four days ago caught my attention and I thought I’d present it for discussion. In recent years many have claimed that there is a “war on religion” taking place in America. This “so-called war” has been the result of many rulings that have tried to enforce the cherished principle of “freedom of religion”, but of necessity could also be called “freedom from religion.” When I was young most of the stores in my neighborhood were required to close on Sunday, the Christian Sabbath. This was a hardship for Jews that celebrated their Sabbath on Saturday and Muslims that celebrated their Sabbaths on Friday. It affected Asian merchants, with their own native beliefs, that didn’t have a formal Sabbath. Many of these “blue laws” have been repealed because of the reality that they are showing preferential treatment to one particular religion, in a country that is made up of many religions and whose Constitution is believed by many to ban such preferential treatment.
The Supreme Court’s most important case on “blue laws” is McGowan vs. Maryland.
“The Supreme Court of the United States held in its landmark case, McGowan v. Maryland (1961), that Maryland‘s blue laws violated neither the Free Exercise Clause nor the Establishment Clause of the First Amendment to the United States Constitution. It approved the state’s blue law restricting commercial activities on Sunday, noting that while such laws originated to encourage attendance at Christian churches, the contemporary Maryland laws were intended to serve “to provide a uniform day of rest for all citizens” on a secular basis and to promote the secular values of “health, safety, recreation, and general well-being” through a common day of rest. That this day coincides with Christian Sabbath is not a bar to the state’s secular goals; it neither reduces its effectiveness for secular purposes nor prevents adherents of other religions from observing their own holy days.[9]
There were four landmark Sunday-law cases altogether in 1961. The other three were Gallagher v. Crown Kosher Super Market of Mass., Inc., 366 U.S. 617 (1961); Braunfeld v. Brown, 366 U.S. 599 (1961); Two Guys from Harrison vs. McGinley, 366 U.S. 582 (1961). http://en.wikipedia.org/wiki/Blue_laws
I personally disagree with the SCOTUS decision in these cases and think that the logic used is disingenuous. The purpose of the Sunday “blue laws” was of course to promote religious attendance and encourage that attendance at Christian services on Sunday. A secondary reason was one of respect to Christianity and its belief that the Sabbath day of rest demanded in the Ten Commandments was Sunday. To say that it was to serve as a “uniform day of rest for all citizens” is frankly an untruth and adds intent to these laws that was never present in their imposition. This week though another ruling came down in what I see as a related case involving what I see as our right to have “freedom from religion” and I would like to add that to the discussion. Continue reading “Higher Power or Else!”
Submitted By: Mike Spindell, Guest Blogger
Most readers of Jonathan Turley’s blog are concerned with the direction that this country has taken of late. In truth the problems we see are merely the manifestations of a long term trend that has resulted in a lack of respect for our republican form of government as defined by our Constitution. One merely has to go through the range of stories covered only in this past week’s Jonathan Turley blogs, to understand that we are at a critical juncture in our nation’s history. The issue to me is whether our country goes fully down the road towards empire. The phenomenon of a nation with overwhelming military superiority becoming imperial is a drama played out over and again over eons on the world’s stage. With empire perforce comes the trappings of an imperial state and with it the creation of an elite class defined by the term “nobility.” When a society defines an elite, whether called “the Nobility”; “the Cream of the Crop”; “The Upper Crust”; or even “Celebrities”; you can be certain the need to have an “underclass” becomes imperative. From a psychological standpoint once someone has the need to define themselves as being “elite”, they of necessity have to have people of “lesser worth” to compare themselves to and to differentiate their status. For a society to maintain this status hierarchy there then arises the necessity to have the “underclass” see ”their betters” as superior beings, living superior lives to their own. The “elite” must by definition be more beautiful, more wise and smarter than the “mob” beneath them. The “elite” set the trends and the fashions and it seems the “mob” is always one or two steps behind their lead. I believe that this is what we are observing today in our country. As an example within the past month we have been treated to the spectacle of one cable news network (CNN) devoting 24 hours of exclusive coverage to the birth of an heir to the English Throne.
To my mind there is no person in America who exemplifies the trend to establish a 21st Century nobility in this country, via celebrity, than the man now known as “The Donald”, the sadly ubiquitous Mr. Trump. As a New Yorker at the beginning of this man’s rise to fame, I watched with amusement and then disgust as he turned himself into a “brand” that to us common folk represented wealth, fame and its attendant luxury. Continue reading “Trumped!”
A document has surfaced from the intelligence budget that confirms what many have said for years: Israel continues to spy on the United States despite massive levels of U.S. aid and support. Israel is listed as one of the key targets for counterintelligence effort with China, Russian, Iran, and Cuba. Even as Israel continues to pressure the United States for the release of American Jonathan Pollard, an Israeli spy convicted in 1987, the report indicates that Israel is continuing to target the United States with espionage.
Continue reading “Israel Listed Among Greatest Threats To U.S. Intelligence”
There is a controversy brewing at Tulane Law School where I began my academic career. The law school was the scene of a confrontation between controversial conservative filmmaker and activist James O’Keefe and former U.S. Attorney James Letten whose office handled the prosecution of O’Keefe for his entry in the office of Democrat Sen. Mary Landrieu under false pretenses. Letten is now an Assistant Dean at the law school. Letten never explained why he recused himself from the case but O’Keefe suggests that he was responsible for leaking confidential information to the media. In the video below posted and edited by O’Keefe, Letten confronted O’Keefe and accuses him of “terrorizing” his wife and violating state and federal law by appearing at the law school. Letten calls O’Keefe and his crew a bunch of “hobbits” and berates the filmmaker. While I am no fan of O’Keefe, I am afraid that I do not see the basis for the alleged crimes by O’Keefe or the basis for his being held by law enforcement outside of the law school. The school has banned O’Keefe from the campus after the confrontation with Letten.
After leading an assault on civil liberties and privacy in his Administration (as well as blocking efforts to prosecute Bush officials for torture), President Barack Obama may just be the last person who should be giving advice on training lawyers. Yet, Obama told lawyers last Friday that he would like to see law school cut by one-third to reduce time studying legal principles and history. Of course, given the number of constitutional provisions that Obama has effectively negated, it may take less time to study the remaining laws after the Obama years. Before law schools follow his lead to a fast-food version of legal education, we need to ask what we want in our lawyers. The President would reduce legal training to a program slightly longer than current paralegal schools.
by Gene Howington, Guest Blogger
“This thing, what is it in itself, in its own constitution? What is its substance and material? And what its causal nature [or form]? And what is it doing in the world? And how long does it subsist?” – Marcus Aurelius, Meditations, VIII – 11
“All war is deception.” – Sun Tzu, The Art of War
As previously discussed, “we need to differentiate between the terms ‘strategy’ and ‘tactics’. Strategy is defined in relevant part by Webster’s as ‘the science and art of employing the political, economic, psychological, and military forces of a nation or group of nations to afford the maximum support to adopted policies in peace or war’. Tactics, by contrast, is defined in relevant part by Webster’s as ‘the art or skill of employing available means to accomplish an end’ and ‘the study of the grammatical relations within a language including morphology and syntax’. By better understanding the tactics of propagandists, you not only gain a certain degree of immunity from their influence, but insight into their strategic ends.”
Today we will address strategy and tactics in the form of a case study. The context is the so-called “War on Drugs” and state’s efforts to legalize marijuana for medical and recreational use. The strategy is to exacerbate so called drug crime violence by obliquely attacking the burgeoning states effort to legalize marijuana and those who trade in legal marijuana by deliberately putting them at risk. The primary tactic in question is misdirection. When analyzing propaganda, it’s important to ask who brings the message, what do they want me to think, why do they want me to think it and how do they benefit? The leader of this campaign against the American people? United States Attorney General Eric Holder. Let’s examine the what, why and who benefits from what Mr. Holder wants you to think.
Continue reading “Propaganda 106 – Waging War (A Case Study) [UPDATED]”
Submitted by Charlton Stanley, guest blogger
There is no dispute that jails are overcrowded. Many counties spend millions on new and improved jails, only to have them fill to capacity the first day they open. This is nothing new. Some judges have found themselves faced with the dilemma of sentencing a defendant to jail, but there is literally, “No room at the inn.” Some chief judges have been forced to order felony inmates released before their sentences were up, simply to make room for new inmates.
Some judges, especially at the municipal and county levels, have turned to creative sentencing. Some of the sentences seem to fit the crime and make one smile at the same time, such as sentencing young adults with ‘boom-box’ cars ticketed for loud music to spend anywhere from an hour to all day listening to classical music, jazz, bagpipes and oriental music. There was one judge who played saxophone in a jazz band, and he would throw in a few recordings of his own music. I don’t know how good the judge is on the sax, or whether that might come under the heading of cruel and unusual punishment.
There are a number of cases where slumlords were ordered to live in their own slum properties. One of those cases was used as the story line on a TV crime drama program several years ago.
Public shaming has been tried as an alternative sentence. Wearing sandwich board signs in public proclaiming their idiocy to their friends and neighbors, wearing a chicken suit, and whatever else the judge thought appropriate. When the Stolen Valor Act was in effect, one defendant was sentenced to 500 hours of community service working with groundskeepers tending the graves at the nearest National Cemetery. I don’t have a problem with making the sentence fit the offense, but some go too far, and some are far too lenient. Lack of consistency or rules for alternative sentences results in lack of fairness to both victims and defendants. It is the other extreme from mandatory minimum sentences where the judge has no discretion at all.
This weekend, Jonathan Turley, our blog host, debated Professor Peter Moskos on NPR. Mr. Moskos is a former police officer and now teaches law. He has written on the subject of alternative punishment, and the title of his most recent book, In Defense of Flogging, is provocative if nothing else. He also authored a column in the Washington Times entitled, Bring Back the Lash: Why flogging is more humane than prison.
Sorry, Professor Moskos. Fifty years after Dr. King gave his famous speech on the steps of the Lincoln Memorial, I don’t think we want to go there.
Ever again.
Continue reading “Alternative Sentences and Punishment: Creative or Inhumane?”
By Mark Esposito, Guest Blogger
We’ve been following the discrimination suit brought by an employee of restaurants owned by food maven Paula Deen. Lisa Jackson, who is Caucasian, claimed that she was subjected to a racially hostile work environment at Deen’s Uncle Bubba’s and The Lady and Sons restaurants. Jackson alleged that Paula Deen’s brother, Bubba, routinely used derogatory racial epithets and sexually suggestive comments during her working hours as a manager at the restaurant. She also alleged that Deen acquiesced in the treatment and used racist comments herself. A firestorm of negative publicity formed after Deen’s deposition transcript was leaked to the media in which she admitted using the term “ni**er” many years ago. Deem lost two national cable television shows and a host of endorsements following the story. Her two video apologies did little to assuage the sentiment that she was a racist.
Submitted By: Mike Spindell, Guest Blogger
Football fans around the nation are feeling the excitement grow as we again approach the NFL Football season. They are avidly watching their favorite team’s pre-season games, checking out the new rookies and preparing for their various fantasy football leagues by analyzing league rosters. NFL Football has become the preferred sport of the country and generates many billions of dollars. It is our budding empire’s version of the gladiator battles in the various Roman Coliseums that were spread across the Empire as a palliative to an enslaved populace. While it is true that the Roman Gladiator battles usually ended only by the death and dismemberment of the “losers”, the news of the physical and mental costs to pro football players has begun to receive more publicity of late. This is due to the realization of the lasting damage done by football head trauma referred to broadly as concussions. As someone who has watched the National Football League for perhaps 60 years the idea of a concussion is one that is intertwined with the sport itself. For much of that time while it was discussed openly by the game announcers, analysts and sports journalists, in truth they all made light of them and players themselves would cheerfully discuss “getting clocked” or “having their bell rung.” The players thus injured who would insist on returning to the game were seen as “real men” and “heroes” for their fortitude. Then too coaches concerned with winning would tell them to “man up” and their teammates opprobrium for them “relaxing” on the sidelines would add peer pressure to continue to play even through their disorientation and head pain.
As the sport grew and outpaced baseball as the nation’s “national pastime,” like the gladiators of old players became heroes with nationwide celebrity. Many noted how some retired players from era’s past seemed to die relatively early in life, especially considering that to play football one must be an excellent physical specimen. As fans we were also aware how many of our heroes’ sustained injuries that in their retirement rendered them somewhat physically disabled for life, but merely made passing note of this reality, rather than feel discomfort at what this violent sport was doing to those who played it for our entertainment. The truth is that football fans and football professionals celebrated the violence of the game, even while shedding “crocodile tears” for player carted off the field with terrible injuries. Coaches and players talked about the exultation one felt when they made a jarring hit upon another player. It was common in interviews for players to talk of the joy they felt “making contact”, a minor euphemism for hitting or being hit with jarring intensity. We are to my way of thinking no more evolved than those Roman Citizens who would excitedly vote “thumbs down” on whether a losing gladiator should receive the killing blow. Our social norms require that we “feel sad” about a terrible injury, but if it occurs to an opposing player and affects our teams prospects, only the most unaware would deny that in the back of their mind they are calculating what this injury will mean. Our consciences are salved by the fact that many football players get paid enormous sums of money for their skills and so from a legal perspective one might say there is an assumption of risk. I want to examine this “assumption of risk” and discuss the implications that it has for NFL, the players and for us the fans. Continue reading “Are You Ready for Some Football?”
Below is my column today in the Los Angeles Times. The column follows the recognition of the name for Area 51, which produced a great deal of media coverage.
Continue reading “The Truth Is Out There: The Real Cover-Up At Area 51”