The charges against Bill Cosby are now filed and Cosby is out on bail pending his aggravated assault trial. Below is my column on the trial and what will likely be a core question for the defense: should Bill Cosby testify? It is a common question in celebrity trials and many prefer silence to the stand.
Continue reading “The Cosby Charges: When Silence Speaks Loudly”
We have been discussing the continued rollback of civil liberties by our Asian ally, Thailand, including absurd prosecutions such as the recent arrest of a mechanic who merely “liked” a photo viewed disrespectful of the King’s dog. He appears however to be in the disgruntled one percent according to the military junta. The authoritarian government just released the type of poll that only a junta would find plausible: 99 percent of Thais are happy with the junta’s governance since it took power last year. Well, if you can’t believe a junta, who can you believe?
Continue reading “Thai Junta Proclaims 99 Percent Support From Public . . . In Its Own Poll”
I have previously written about my disagreement with the U.S. Patent and Trademark Office decision to rescind federal trademark protections for the Redskins as a racially disparaging name as well as the underlying law used to strip the team of its trademark protection. The law allows for a small administrative office to effectively dictate the outcome of a long simmering societal debate over the team name. More importantly, the standard for determining what names or words are disparaging remains dangerously undefined with striking contradictions as we have previously discussed in permitted and disallowed trademarks. One of the cases that I have discussed involves an Asian-American rock band called The Slants, which was also barred by the office. Now the band has won a major victory not just for itself but also the first amendment in the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. The Court struck down the part of the law allowing the denial of the registration of offensive trademarks. The case, which is likely to appealed to the Supreme Court, will have a major impact on the Redskins controversy.
President Obama once pledged that his government would be the most transparent in history — a claim that is often mocked by civil libertarians and other critics who accuse him of almost Nixonian secrecy policies and inclinations. That troubling record is playing out again before U.S District Court Judge Alvin K. Hellerstein of the United States District Court for the Southern District of New York. The Administration continues to fight to withhold over 2,000 images of torture and abuse of detainees in Iraq and Afghanistan simply because it would make the United States look bad. Ironically, there is a transparent element to this case. Few Administration have been so transparently obvious in their use of classification rule to simply bar the disclosure of information that would be embarrassing to officials or the government. Usually, the Justice Department attempts to spin a tale of some other national security rationale for non-disclosure. Here, however, there is nothing even plausible to come up with. The Obama Administration simply wants to deep six the photos because people would be really angry if they saw what the government did, including photos that are believed to be far worse than those Abu Ghraib (like the one above).
Our close Asian ally, Thailand, continues to crush both free speech and political dissent under its draconian criminal code. Mechanic Thanakorn Siripaiboon, 27, is facing a potential of 37 years for allegedly insult King Bhumibol Adulyadej, 88, by “liking” a humorous photoshopped photo of the King’s dog and passing it along to his over 600 “friends.” That’s all it take in Thailand to face 37 years in jail . . . insulting the King’s dog. It is all part of what is called lèse-majesté governing royal insults but this is the first known extension of the law to royal pets.
Continue reading “Thai Mechanic Faces 37 Years For “Liking” Spoof Photo Of King’s Dog”
Below is my Sunday column in the Washington Post on Donald Trump’s proposal to ban Muslims from entry into the United States. Trump’s rhetoric has shocked many in his promises to unilaterally force sweeping changes regardless of Congress. Yet, Trump’s criticism of Congress and pledge to go it alone should be vaguely familiar for many. Both Obama and Trump advocate to use unilateral powers to change the immigration laws as a rejection of a “do nothing” Congress. Faced with opposition in Congress, President Obama insisted that he would order many of the very changes rejected by the legislative branch. Despite my agreement with President Obama on many of his policies, it is a dangerous and destabilizing legacy or a system based on the separation of powers. While these men may differ on their policy choices, the powers are the same. President Obama has been asserting many the powers referenced by Trump despite constitutional objections and losses in court like the Canning decision. For this reason, the objections from Obama supporters may ring a bit hollow for Trump supporters. While Trump may have coined “You’re fired” as an entertainment tag line, it was President Obama who fashioned it into a political doctrine in his rejection of Congress. This has been a role that Trump has spent years cultivating on reality shows. It is reality TV meets realpolitick. Below is the column.
Senior Chinese official Lu Wei has made news this week by assuring the world that there is no censorship in China. He should know, Lu is the chief censor in China. If you cannot believe a government censor, who can you believe?
Continue reading “Chinese Censor Assures World That There Is No Censorship In China”
We have another controversy over the regulation of speech on college campuses this week. Thaddeus Pryor has been suspended and banned from Colorado College for two years after he sent an anonymous reply on social media that was meant as a joke. Regardless of the fact that the joke was insulting and decidedly unfunny, it was an anonymous comment made by a student on the social media site Yik Yak without the use of university equipment or involvement. As such, it raises serious free speech implications in my view.
Tis the season for holiday display litigation. In Sycamore, Ohio, Jasen Dixon has been cited for putting up a Nativity scene in the front of his house. Dixon’s vision however has a zombie baby that many find offensive. The citation raises serious first amendment questions in the application of a code provision barring “accessory structures” in a front yard. That seems a vague concept and one that is prone to arbitrary or capricious applications. The question is whether other, more conventional holiday displays have been allowed.
Continue reading “City Orders Removal of Ohio Man’s Zombie Nativity Scene”
By Darren Smith, Weekend Contributor
It was nearly two years ago that I featured strong showing of just how uncaring and incompetent DSHS/CPS in Washington can aspire to with a terrible case of child abuse mentioned HERE.
In my previous article I wrote how in March of 2013 the children’s parents Sandra and Jeff Weller of Vancouver were each sentenced to twenty years in prison after having been convicted of fourteen counts of child abuse; double the statutory determinate maximum sentence. Clark County Superior Court Judge Barbara Johnson levied the exceptional sentence due to the severity of the crimes.
The claim against the state on behalf of five children alleges nearly ten years of abuse of the children by the parents where little to no action was taken by Child Protective Services to address the issues and protect the children from further crimes by the parents.
Now we have another example of the incompetence, indifference and permissible atmosphere the Washington Department of Social and Health Services, allowed for what reportedly amounted to a fiendish and unconscionable maltreatment of a blind, developmentally disabled child afflicted with cerebral palsy. This person suffered torturous neglect over another ten year period–despite ample amount of complaints and reports that should have directed the agency to find another foster home for the child.
Circuit Judge Jack Schramm Cox has made a rather ignoble entry into national news with a clearly unconstitutional order to the Palm Beach Post to unpublish material from its website. The act of prior restraint violates core first amendment protections and will achieve nothing since the information was part of a public filing. The utter lack of legal judgment (and knowledge) shown by Cox in this order is deeply troubling.
Continue reading “Florida Judge Issues Shocking Order For Newspaper To “Unpublish” News Story”
This evening, the United States House of Representatives filed its motion for summary judgment in its lawsuit against the unilateral actions taken by the Administration under the Patient Protection and Affordable Care Act. Three months ago, Judge Rosemary Collyer rejected a motion to dismiss the case by the Administration. The motion below seeks a final ruling on the merits of the lawsuit.
Continue reading “The House Of Representatives Files Motion For Summary Judgment In ACA Challenge”
There is a highly disturbing criminal case out of Mecosta, Michigan where Keith Wood, 39, has been charged with a felony for obstruction of justice and misdemeanor of tampering with a jury. His felonious conduct? Passing out fliers about jury nullification rights on the sidewalk of the Mecosta County courthouse. The fliers from the Fully Informed Jury Association describe juror rights that some complain are omitted by judges and prosecutors in explaining jury service before trial.
Like most of the world, we have watched the rapid decline of civil liberties in Turkey after the election of President Recep Tayyip Erdoğan and his coalition of Islamic parties. Just last month, we discussed the arrest of Mehmet Emin Altunses, 16, who allegedly committed the crime of “insulting” Erdoğan. calling people who use birth control “traitors” and saying Muslims discovered America, you are not allowed to be disrespectful or insulting in discussing Erdoğan. Then there was the prosecution of model and former Miss Turkey Merve Buyuksarac, 26, for criticizing Erdogan for quoting a few lines from a poem called the “Master’s Poem” from weekly Turkish satirical magazine Uykusuz. Erdogan’s totalitarian measures have earned him the nickname “Buyuk Usta” (the Big Master). The fact is that censorship and repressions is that it tends to become increasing absurd as leaders try to punish those who would insult them or question their leadership. This week is another case in point for Erdoğan. His government is investigating physician Dr. Bilgin Çiftçi for allegedly insulting Erdoğan after sharing a meme comparing Erdoğan’s facial expressions to the Gollum character in the “The Lord of the Rings” movies. Now here is the truly wonderful part: a court has reportedly demanded an expert examination by two experts to determine if a comparison to Gollum’s character would be an insult.
We have often discussed the various protests, often violent, in Islamic countries over alleged blasphemous statements or images. These usually involve depictions of Mohammad or religious symbols. In Mumbai, however, Muslim protesters found a new blasphemous symbol: the use of a piggy bank to show where ISIS gets its money to conduct worldwide terror campaigns. This is a standard illustration of a “piggy bank” to show the savings of a group or person. Yet, some took this from a different perspective.