Category: Media

PRESIDENT OBAMA NOMINATES MERRICK GARLAND

Merrick_GarlandPresident Barack Obama today surprised many by nominating the moderate Chief Judge of the United States Court of Appeals for the District of Columbia Merrick Garland. Garland is unlikely to thrill liberals. He is fairly conservative on criminal cases and tends to favor government interests. Conservatives are not going to like his vote to move to reconsider the case that became the historic Heller decision that recognized the individual right to bear arms under the Second Amendment. However, Garland moves virtually everything off the table for the Republicans. While a moderate, he is as far right as a Democratic president could go.

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TURLEY TESTIFIES ON THE CHEVRON DOCTRINE IN HOUSE HEARING

800px-Capitol_Building_Full_ViewI will be testifying Tuesday afternoon before the Subcommittee on Regulatory Reform, Commercial and Antitrust Law of the Committee on the Judiciary
in the United States House of Representatives. The hearing is entitled “The Chevron Doctrine: Constitutional and Statutory Questions in Judicial Deference to Agencies”. The hearing will be held in Room 2141 (Rayburn House Office Building) and begin at 1:30 PM. My written testimony is below

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Blogger Given Three Years In Jail For Discussing Infidelity in Egypt

200px-Facebook.svgWe have another abusive case out of Egypt under President Abdel Fattah al-Sisi. President al-Sisi has destroyed guarantees of free speech and the free press in country, which once seemed on the road to becoming an exception in the Muslim world as a nation embracing basic civil liberties. In the latest case, an Egyptian court sentenced blogger Taymour el-Sobki to three years in jail with hard labor for “spreading false news.” The “false news”? He simply opined that 45 percent of married Egyptian women have the readiness for “immorality” and to cheat on their husbands. That now gets you three years in Egypt.

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Clinton Demands To Know Where Sanders Was During The Earlier Health Care Fight . . . Sanders Releases Picture of His Standing Right Next To Her

ecd701_f7648a5091aa41c083ac6b199915d2e3This election just seems to get weirder and weirder. On the heels of her praise and then unpraise for Nancy Reagan on AIDS, Hillary Clinton is again being charged with rewriting history in attacking Bernie Sanders for his absence on the health care fight back in 1993-94. New York Times reporter Amy Chozick quoted Hillary Clinton in a tweet saying, “I don’t know where he was when I was trying to get health care in 93 and 94.” The Sanders campaign quickly responded with a picture showing Sanders standing right next to her and then released another signed picture where she commended him for his work in seeking such national health care coverage at the time. CNN and other media outfits already called out Clinton for the “cheap shot” in falsely suggesting that Sanders did not support the auto bailout. This is not going to help those low trustworthiness numbers plaguing Clinton.

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Clinton Declares That She Will Never Be Indicted And Insists That Her “Predecessors Did The Same Thing” On Emails

Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziI watched last night’s debate with great interest. I thought both Sanders and Clinton had some very strong moments. However, I tend to watch these debates for the legal issues and I was most struck by former Secretary of State Hillary Clinton’s discussion of the email scandal. First, she declared that she will never be indicted — a statement that may irritate federal investigations looking into possible crimes. She certainly has defenses and the odds may indeed favor her. However, defense attorneys usually discourage such statements from potential targets which can enrage prosecutors as presumptuous or suggesting some level of immunity. Second, she insisted that her “predecessors did the same thing” that she did on emails — a statement that is demonstrably untrue but again was left unchallenged by the journalists.

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Canadian Film Board Adopts Gender Quota System For Directors

220px-Hitchcock,_Alfred_02Filmmaking has always been treated as an art form that expresses the vision of actors and directors in the same unique way as painters or authors. Departing from that traditional view, the National Film Board of Canada has committed itself to a quota system that will require half of its publicly funded movies to be directed by women. The policy should raise serious artistic objections as being detached from the art form and artistic vision.

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The Wandering Dago: New York Judge Upholds Government Barring Of Food Truck With Italian Slur

578018_621127964570414_630724178_nThere is a troubling case out of New York where U.S. District Judge Mae D’Agostino of Albany threw out a lawsuit alleging the denial of free speech after the government banned a food truck from a vendor program because its name was an Italian slur. The slur is “dago.” It appeared on the food truck “Wandering Dago” owned by Andrew Loguidice and Brandon Snooks. I am half Sicilian and I may share that heritage with Judge D’Agostino. However, while we may both view the slur in the same way, we may see free speech protections differently. Judge D’Agostino wrote a comprehensive and interesting opinion that carefully looked at the governing precedent over forums and free speech. Moreover, it is important to note that Judge D’agostina was applying cases that she felt compelled this result as a lower court judge. She ultimately found no protection for barring a truck based on the sensibilities of others. The case is Wandering Dago, Inc. v. Destito, 1:13-cv-1053 (MAD/DJS), UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK, 2016 U.S. Dist. LEXIS 26046.

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Voters Want A Revolution. Here’s What It Would Take.

Washington Constitutional Convention 1787Below is my Sunday column yesterday in the Washington Post on reforming our political system. We are certainly, as the Chinese curse says, “living in interesting times.” We seem to be in the midst of an American revolution where citizens have arisen in collective disgust of the establishment and the status quo. For years, citizens have objected to a political system that is dysfunctional and detached. The two parties have largely ignored these objections and many have objected to this “doupoly” on power. For many, answer of the two parties to the American people seems to be the same as Henry Ford to customers of the Model T Ford: “you can have any color so long as it is black.” In the United States, you can have any party so long as it is red or blue; Republican or Democrat. Yet, in 2016, the public has responded with a deafening rejection of the establishment. The most obvious is Donald Trump who is the perfect personification of an angry electorate. On the democratic side, a 74-year-old Democratic Socialist has rocked the Democratic party, which overtly rigged a primary system to guarantee the selection of the ultimate establishment figure: Hillary Clinton. However, we seem to go this cathartic exercise every four years rather than seek some changes to break down the insularity of government. There is another way. Instead of just choosing some personality that matches our angry politics, we can really change the system . . . for the better. The Framers gave the public the power to solve our own problems, including the ability to circumvent Congress with a constitutional convention. We have the anger. The question is whether we have the answer.

Below is the column. There are a host of other changes that can be made to improve the system, including many that can be down without a constitutional amendment. However, there is a value in focusing on a few basics that could have a transformative effect on the respective branches of government.

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China Bans All Television Depictions Of Gays, Smoking, Drinking, Sexually Suggestive Clothing “And So On”

220px-Revolutionary_operaAs China continues its crackdown on dissidents and journalists and lawyers, it appears to be slipping back into its old habits from the cultural revolution. Chinese censors have issued new regulations banning all depictions of gay people on television. Other depictions banned as “vulgar, immoral and unhealthy content include content showing extramarital affairs, one night stands and underage relationships as illegal on screen. The new censorship regulation also extends to “smoking, drinking, adultery, sexually suggestive clothing, even reincarnation.”

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A Dissenting View On Our Host’s Article “England Moves To Bar Support For Israeli Boycott Movement”

By Darren Smith, Weekend Contributor

UKFlagWhile I am usually in agreement with Professor Turley’s views on free speech, I must disagree in large part with his opinion as he states in his article concerning England moving to bar support of local governments to boycott Israel and by extension other governments.

I do agree with his concern and objection of governments jailing individual citizens for engaging in boycotts of various entities. Allowing local governments to enact legislation calling for boycotts themselves is however problematic.
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Report: Police Officer Removed Knife From OJ Estate And Kept It As Souvenir

oj simpsonIn an unbelievable development, news reports have revealed that an unnamed police officer found a knife on the estate where O.J. Simpson lived at the time of the murders of Nicole Brown Simpson and Ron Goldman. Sources say that the knife appeared to have possible blood residue. Here is the truly incredible part: the officer, who was off-duty at the time, kept the knife as a souvenir and later sought to confirm the case number for a proper framing of the knife. There still may be more to this story and we have not heard from the officer. However, unless the officer clearly knew that this knife was not involved in the crime or other crime, the failure to disclose the potential evidence is startling. There is no indication that the officer has been arrested for the removal of the possible evidence. While it could prove to unrelated to the murders, the officer clearly thought that it might be key evidence.

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Russia Arrests Atheist For Questioning The Existence of God On Social Media

225px-Vladimir_Putin_official_portraitPatriarch_Kirill_of_MoscowWe have recently discussed how Islamic countries like Saudi Arabia have arrested and flogged atheists under medieval Sharia legal systems. However, the most recent case is not out of the Middle East but rather Russia. Viktor Krasnov has been arrested for simply stating his belief that “there is no God” during an argument on social media. For his atheist views, Krasnov has been charged with “offending believers feelings.” He is the latest victim of the political alliance of Putin and the Russian Orthodox Church.

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Egypt Expels Lawmaker For Inviting Israeli Ambassador to Dinner

CcEfGVdXIAApEnUEgypt’s parliament voted overwhelmingly to expel Tawfik Okasha from the legislature for the apparently unforgivable sin of inviting the Israeli ambassador in Cairo for dinner. The picture of him meeting with the ambassador took that opposition into a full rage. Now remember that Egypt has full diplomatic relations with Israel, but Okasha’s merely having dinner with the ambassador resulted in a vote of 465 out of 490 legislators supporting this expulsion.

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Clinton Staffer Granted Immunity From Prosecution In Exchange For His Cooperation

Hillary_Clinton_Testimony_to_House_Select_Committee_on_BenghaziIn a move that can only be viewed as ominous by the Clinton legal team, the Justice Department has granted immunity to former State Department staffer, Bryan Pagliano, who worked on Hillary Clinton’s private email server. Pagliano had refused to cooperate after invoking his Fifth Amendment right against self-incrimination. He was an obvious target of potential criminal charges if he knew that the server was meant to circumvent federal laws, including the mishandling of classified information.  Update: there is a new report that investigators are zeroing in on the possibility that passwords were exchanged to allow people to access classified sites (and explaining how classified information seem to “jump the gap” between secure and non-secure systems).  That is a strictly prohibited practice.

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Oberlin Professor Retained Despite Controversial Facebook Postings

1456789323213We have another case of a professor who was put under scrutiny for her postings on social media. Joy Karega, an assistant professor of “rhetoric and composition” at Oberlin College posted bizarre claims on Facebook blaming Jews and Israel for 9/11 as well as ISIS. The college however has decided that such postings are protected and it is correct in doing so. However, once again, there is a concern over how colleges treat such controversies depending on the views and conclusions of the academics or students.

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