Category: Media

Constitutional Law, Free Speech, Media, Politics, Religion, Society

North Carolina Legislation Would Allow Establishment Of State Religion

644630Republican North Carolina state legislators have proposed a bill that would allow the state to establish a state religion and further declares the state exempt from the Constitution and court rulings. What is astonishing is that eleven GOP members are pushing the law, which rejects not just the core principles of our country but would move the state closer to the model of government currently ripping Egypt and other nations apart in mixing religion and government. The main sponsors, state Reps. Carl Ford (R-China Grove) and Harry Warren (R-Salisbury), seem to have little more judgment than they do knowledge of our Constitutional system. Obviously, the law is facially unconstitutional but it is the contempt for our separation of church and state that is truly unnerving in these members.

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

Fox Reporter Faces Potential Jail In Protection Of Her Sources

jana-winterPrisonCellA classic confrontation is occurring in Arizona over the freedom of the press. FoxNews.com reporter Jana Winter is standing by fundamental principles of journalism in refusing to disclose who gave her a notebook that a judge had put under a protective order in the case of Colorado shooter James Holmes. Arapahoe County District Judge Carlos Samour is pursuing other avenues for the time being in trying to find out who leaked the notebook, but Winter could still be put on the bench and held in contempt for a failure to disclose her source.

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Congress, Constitutional Law, Courts, Criminal law, Environment, Justice, Lawyering, Media, Military, Politics, Supreme Court

The Myth of Black Freedom in the U.S.

Submitted by: Mike Spindell, guest blogger

417px-Frederick_Douglass_portraitTo some of us the transition from slave to citizenship by those Africans brought in chains to these shores for economic exploitation and horrific abuse ended with the “Emancipation Proclamation”. To others its’ end might have been marked by “Brown v. Board of Education”, or by the 1964 Civil Rights Act. Those of somewhat more insightful bent may have said that the true emancipation occurred when Barack Obama was elected President in 2008. In my view, as much of an impact as all those milestones (and more such as Jackie Robinson i.e.) made to American consciousness, Black people in the United States clearly still lack the benefits and rewards of citizenship. I would go further and say that in the United States, at this time; most Black people still suffer the degradation and challenges brought about by both institutional and emotional racism. This is not to say that in our country other groups, such as Latino’s and Native Americans are free of oppressive prejudice, but to assert that given their history in this country Black people are slotted into the bottom of the economic and social ladder and are still struggling to obtain even those most minimal of rights that most Americans see as their birthright. Continue reading “The Myth of Black Freedom in the U.S.” →

Bizarre, Constitutional Law, Free Speech, Media, Politics

Biden Staffer Forces Journalist To Delete Pictures and Search His iPhone After Maryland Speech

225px-joe_biden_official_photo_portrait_2-croppedRecently, I felt Vice President Joe Biden was unfairly quoted in a speech that he gave at the University of Maryland on domestic violence. I am less supportive however about what followed the speech. A Biden aide proceeded to threaten a student journalist about taking pictures of Biden and Dana Rosenzweig proceeded to demand that the student delete his pictures and show her his cellphone. While the Biden office has apologized to the university, it is unclear why this staffer still has a job after such a thuggish confrontation with a journalist. It is doubtful that she would have done this with someone from USA Today or the New York Times. The Biden staff have been accused of limiting press and interviews due to the Vice President’s reputation as a perpetual gaffe-machine in public comments.

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Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, Justice, Media, Military, Politics, Society, Supreme Court

SWAT: Is America Coming Under Martial Law?

Submitted by: Mike Spindell, guest blogger

flag-american1 This blog, like many others has an internal search function that will lead you to past stories. It is located beneath the smiling countenance of our proprietor on the upper right. If you enter SWAT into search, you see that the first archive page shows 19 stories involving SWAT raids that were unnecessary and/or unwarranted. In those raids 4 people and 9 dogs were shot in error by the SWAT Team. Just a catalog of the shootings belies the terror that these raids can instill in people who are merely residing within their homes. Many of the articles detail doors suddenly smashed open, flash grenades and gas grenades tossed into the home, people thrown to the floor handcuffed and left for hours in that position, by invading SWAT teams that either had the wrong house, faulty leads and or in some cases enforcing what were clearly civil warrants. In one instance in California a SWAT raid was carried out due to the suspicion of a defaulted student loan. http://jonathanturley.org/2011/06/08/california-family-hit-with-swat-raid-ordered-by-the-department-of-education/

I believe that the rise of these SWAT teams is leading this country towards martial law and what we all commonly understand is a “police state” as repressive as any we’ve seen in the past century. We have seen constant encroachment on our citizens Constitutional protections and a continued erosion of “the Bill of Rights”. Free Speech, the right to peacefully assemble, Habeas Corpus and safety from unwarranted intrusion in our own homes, among others, have been steadily eroded under various guises, be it the drug war, or national security. In my opinion the SWAT team concept, which militarizes our police forces, is leading this nation to what I see as a state of Martial Law. Despite ones place on the currently inflamed political spectrum, this is a problem that I think concerns us all as citizens, not as partisans. I will present to you sufficient proof of my belief, the majority of which will come from what can be fairly described as a “Libertarian Think Tank” and which was founded by Charles Koch, among others. When I find myself on the same side on an issue as the Cato Institute, then I know with certainty that my fears are well grounded and unrelated to any personal partisanship of my own. Continue reading “SWAT: Is America Coming Under Martial Law?” →

Congress, Environment, Free Speech, International, Justice, Media, Military, Politics, Society, Uncategorized

“The rich are not like the rest of us”

Submitted by: Mike Spindell, guest blogger

gold-dollar-signOne of America’s greatest novels in my opinion is “The Great Gatsby” and I think many literary critics feel the same. If you’re not familiar with it, the short synopsis is that it is the tale of Jay Gatsby, a mysterious figure of self made wealth who arrives on Long Island’s North Shore, known as the “Gold Coast”, back in the “Roaring Twenties”. His life intertwines with Tom and Daisy Buchanan, a “golden” young couple with inherited wealth and the best social pedigrees. The interplay between these three leads to ultimate tragedy for Gatsby and more than a few other characters swept into the social vortex surrounding the Buchanan’s. On the last page of this magnificently crafted book, by F. Scott Fitzgerald, the narrator Nick runs into Tom and Daisy who are gaily embarking on a trip to Europe after some cataclysmic events of their causing and he says of them:

“They were careless people, Tom and Daisy — they smashed up things and creatures and then retreated back into their money or their vast carelessness or whatever it was that kept them together, and let other people clean up the mess they had made.”
Continue reading ““The rich are not like the rest of us”” →

Congress, Justice, Media, Military, Politics, Society

Catfood Commission Part Two

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

Now that the infamous Sequestration cuts are likely to kick in next week, I find it both hilarious and scary, that Erskine Bowles and Alan Simpson, the co-chairmen of the deceased debt commission that failed to produce a plan that their own committee could accept, are back in the news calling for cuts to Medicare and Social Security and reduced taxes for the wealthy and corporations as our only way out of our so-called debt crisis!  Where have I heard that song and dance before?  The so-called Catfood Commission is now back at work trying to do a reverse Robin Hood on the poor and middle class.  The only difference this time is that they have a new name, The Fix The Debt Coalition and they are funded by Billionaire Pete Peterson. Continue reading “Catfood Commission Part Two” →

Academia, Free Speech, Justice, Media, Politics, Religion, Science, Society

Evolution, Religion and Science

Submitted by: Mike Spindell, guest blogger

220px-Charles_Darwin_seated_cropA topic that probably causes among the most heated discussions on this blog is the attempt to either displace evolution from Public School Curriculum, or to at least give “intelligent design” equal footing to evolution. My own opinion is that “intelligent design”, or “Creationism” as some call it, has no place in our public school system. Those who would force it on our schools would be destroying the Constitutional separation of Church and State. We saw a blog post by Professor Turley  a week ago discussing some crazy State Legislator in Missouri introducing a bill to teach “Creationism” as a scientific theory and to teach “Evolution” as a philosophy, almost all who commented were not only outraged, but some disparaged Missouri as a backward state. A few of the comments belittled religion in general. http://jonathanturley.org/2013/02/15/missouri-legislator-introduces-bill-to-teach-creationism-as-a-scientific-theory-and-to-teach-evolution-as-a-philosophy/ . Another blog post by Professor Turley in October 2012, about Missouri Senate Candidate Todd Akin brought a firestorm of angry comments, also disparaging Missouri. http://jonathanturley.org/2012/10/15/akin-disproves-evolution/#comments  Interestingly this Conservative State voted for Todd Akin’s opponent when Election Day came around. Continue reading “Evolution, Religion and Science” →

Constitutional Law, Criminal law, Free Speech, International, Media, Politics, Religion, Society

Pakistan’s U.S. Ambassador Charged With Blasphemy

HE_AmbSherryRehmanPakistan has been working with the Obama Administration in an effort to create an international blasphemy standard. Now one of its diplomats in Washington is accused of blasphemy herself. She has been accused of blasphemy by a businessman, an offense that carries the death penalty in Pakistan.

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Academia, Animals, Bizarre, Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Religion, Science, Society, Supreme Court, Torts

15,000,000

This morning, our blog passed our 15,000,000 viewers. Since just a few weeks ago that we passed the 14,000,000 mark, it is obvious that the blog continues to grow at an impressive rate. We continue to rank in the top ten most viewed legal blogs in the world and I would like to think that our civility policy adds to the appeal of the blog for new viewers.

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Academia, Free Speech, International, Media, Politics, Society, Uncategorized

CNN Cruising Towards Inanity

Submitted by: Mike Spindell, guest blogger

200px-Cnn.svgI must admit that I gave up watching CNN years ago, even before they attempted to become FOX News lite. Originally, as they created the standard for Cable News, they were an informative leader in providing television journalism. Because of their devotion to the news alone, they became the preferred alternative to Broadcast Network News, which at each network had been put under the “Entertainment Division” and thus viewed as a profit center, rather than a public information service. At the beginning and “golden age” of Television Network News, the FCC had mandated that each network was to provide “news” as a public service, in exchange for their license to control a band on the airways. The leader in this was CBS, a network under the aegis of William Paley, who hired war tested Journalists such as Edward R. Murrow and Walter Cronkite. CBS News was independent of the “Entertainment Division” and as a public service wasn’t expected to turn a profit. While it is true that there was an establishment bias on all news programming yet the coverage ranging from Joe McCarthy, to the Civil Rights Movement and to the Viet Nam War informed the public of great issues and brought home the realities through pictures indelibly imprinting horrific images on the public mind. Reactionary elements within the Corporate/Military Plutocracy viewed all of this with alarm. Their continued success depended upon an uninformed public, lulled by jingoistic propaganda and unaware of who really controlled our nation. There was a determination in these elite circles that the network news, the preferred means by which the public was informed on current affairs, must be reined in. William F. Buckley had already created the meme of a “liberal news bias” by this time as an explanation of why his philosophy of the supremacy of the elite was being bought by the general public. Building upon this meme networks were bought out by conservative corporations, news operations were put under the entertainment divisions and the FCC stop requiring news broadcasting as a condition of licensing.

Ted Turner realized that the traditional network news had been reduced in size and homogenized into a rather unpalatable product. He founded CNN under the paradigm of a 24 hour network dedicated solely to examining the news. Following CNN was the entry of Rupert Murdoch and the “tabloidization” of Cable News along with FOX News becoming a propaganda provider for his Conservative views and allies. This was nothing new for Murdoch who bought out the New Post and the Village Voice, turning them both into neo-conservative propaganda operations, sensationalized with gossip and racy pictures. Sadly, in terms of return on investment, it was a winning strategy for cable news as FOX shot to the top of the ratings. CNN the former ratings leader faltered and tried to become “a little” more like Fox News in order to regain their stature. In the process they became a failure as a serious news provider and have become every bit as inane as shows like “Entertainment Tonight”, even in their coverage of “hard” news stories. At this time in our country’s history with so many serious problems that need to be dealt with, CNN has proven not only incapable, but uninterested in providing coverage of issues that affect us all and of which we the public require more information.

Today, as with many Americans who try to be informed, almost all of the “news” I pay attention to comes from the internet. While I occasionally will watch Rachel Maddow and MSNBC coverage of important events, their coverage too seems lacking of content or even intelligent analysis. There are exceptions at MSNBC when they go away from their usual pundit crew to have on original thinkers undaunted by the need to parrot the establishment. Indeed, the first time I became familiar with Jonathan Turley’s work was seeing him on MSNBC. Since this is the case I had to discover something about CNN’s recent coverage from two articles I read in the Huffington Post, one of which made me snort with amusement, while the other just made me shake my head in disgust as to the current state of CNN, as a representative of mainstream Cable News Continue reading “CNN Cruising Towards Inanity” →

Academia, Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Media, Politics, Science, Society, Supreme Court

Tea Party: A Phony Movement Mantled as Legitimate

Submitted by: Mike Spindell, guest blogger

9.12_tea_party_in_DCIn August 2011 I wrote a guest blog titled: Tea Party and the Myth of a Grassroots Movement”.  Using various newspaper and internet sources I showed that the meme created about the “Tea Party” that it was a “grassroots uprising” of ordinary citizens to take back their country from the out of control liberals, was simply not true. The “Tea Party” is a movement fabricated by certain plutocratic corporate interests to maintain themselves as relatively tax free and maintain control over the fiscal state of our country. I’m revisiting it today because of the guest blog I’ve just submitted about CNN and the rest of the news media, in light of a post by Al Gore at Huffington Post, publicizing his new book which deals with the back-story of the creation of the “Tea Party” and its negative influence upon our country. Some of Al Gores’ evidence and that forming the basis of my original guest blog overlap, but the important difference is he’s Al Gore, former Vice President and a centrist. I on the other hand am merely an aging ex-hippy, who remains a political radical. The truth of the “Tea Party’s” inception is not hidden from view and the facts are blatantly out there. What is important though is that the cable news media, press and the Washington punditry continue to describe the “Tea Party” in terms of its meme and myth as a grassroots entity and thus are complacent in a deception of the American people.

Daily we see stories about these “Tea Party” legislators elected to office on all levels of our government. They are falsely portrayed as populists, who are “fed up” and ran for office to “change things” and return to our Constitution. Large percentages of “Tea Party people in polls still believe that Barack Obama was born in Africa and is a Muslim intent on destroying Christianity and America. They see him as a communist, socialist and fascist simultaneously intent on dismantling our capitalist way of life and crushing American exceptionalism. I understand that one can be a reasonable person an oppose Barack Obama’s activity as President. I oppose some of his positions strongly and I voted for him. However, if you believe the “birthers” and those who call him radical names, then I must say in my opinion you are delusional. He is a slightly right of center Democrat, hawkish on foreign policy and deferential to the Corporate Plutocracy. He may be a Constitutional Scholar, but he certainly hasn’t done enough to protect our Constitutional Freedoms. Yet we see this ultra right wing faction of the Republican Party thinking Obama as the anti-Christ and believing they are part of a spontaneous revolution performed in the interests of “protecting” America. Here’s why that isn’t true. Continue reading “Tea Party: A Phony Movement Mantled as Legitimate” →

Constitutional Law, Courts, Criminal law, Free Speech, International, Media, Politics, Religion

Egyptian Court Bans YouTube Over Anti-Islamic Film

200px-Logo_Youtube.svggavel2An Egyptian court has ordered a one-month ban on YouTube due to the refusal of the company to remove material insulting to Islam — the latest example of the growing battle between religious orthodoxy and free speech. Hassouna Tawfiq has also ordered other sites banned if they show the controversial “The Innocence of Muslims.”
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Bizarre, Criminal law, Justice, Lawyering, Media, Society

Down In The Valley VI: The Paterno Family’s Report On The Freeh Report [UPDATED]

By Mark Esposito, Guest Blogger

Author’s note: This is the sixth installment in a series about the child sexual abuse scandal at The Pennsylvania State University that helped bring down iconic football coach Joe Paterno and three top officials at the premier public college in Pennsylvania.  

a-paterno-sanduskyThe Paterno family has released their long unawaited report critiquing the Freeh report entitled appropriately, CRITIQUE OF THE FREEH REPORT:  THE RUSH TO INJUSTICE REGARDING JOE PATERNO. Commissioned by the family through the mega-law firm of King & Spalding, the report on”The Freeh Report” (sometimes called the Special Investigative Counsel’s (SIC) report) predictably castigates Former FBI Director Louie Freeh for using “Rank speculation.  Innuendo.  [and] Subjective opinions.” to form the basis of his conclusion that Papa Bear Paterno knew quite a bit more about Jerry Sandusky’s sexual proclivities than he let on and actively participated in a cover up of monumental proportions. In contrast, Joe Paterno is pictured as a fine man undone by an unfair, inaccurate report that read more like  “an indictment” cooked up with the “unchecked power of a prosecutor, and [that] delivered unsupported but headline grabbing theories as fact.”

The wake from the scandal has toppled one university president, the athletic director, and an athletic department that  rode football like a bucking horse. The key points made by the Paterno family lawyers are that:

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Academia, Congress, Constitutional Law, Courts, International, Justice, Media, Politics, Religion, Science, Society

The Most Important Human Rights Issue: Women

Submitted by: Mike Spindell, guest blogger

Sometimes an idea hits me leading to an epiphany. Epiphanies for me usually take the shape of the realization that a Woman_Montage_(1)belief I’ve held for a long time, is actually more important in the scheme of things than I had previously thought about. This happened with me some few years ago when the opposition to gay marriage defeated a voter initiative. I had been a believer in the need for equality for Gay men and women since I was a teenager. After all the bullies who were beating me up kept calling me a “fag, or “queer” and while I wasn’t, I got insight into what it must be like to be homosexual. In life you have the choice of identifying with the bully, or those who are bullied. I’ve always chosen the latter. So as a young adult I cried tears of joy when “Stonewall” happened and the police found that Gays would no longer be easy targets. Working for NYC’s Human Rights Administration and then living in Manhattan gave me the privilege of meeting and befriending Gay people of both sexes. When AIDS hit the scene I had many friends die and I worked to help the Division of Aids Services as a Budget Director. Yet while I always completely supported LGBT rights, for a while I believed the focus on Gay Marriage, shouldn’t be in the forefront of the movement. The argument over Proposition 8 in California http://en.wikipedia.org/wiki/Proposition_8  gave me an epiphany that led me to see that not only was the right to marriage an essential part of ensuring the Constitutional Rights of Gay people, but it was the key element. Being unable to assist in the health care choices of long term partners, in some cases even being barred from the funerals, or participating in ones’ partners Health Plan are important Constitutional issues and the essence of the battle. Continue reading “The Most Important Human Rights Issue: Women” →