Category: Media

Congress, Constitutional Law, Courts, Media, Politics, Society

FEDERAL COURT DENIES ADMINISTRATION MOTION AND SETS ACA CASE FOR FINAL RULING

800px-Capitol_Building_Full_ViewThis afternoon, Judge Rosemary Collyer issued her ruling on the motion by the Administration to forego a ruling on the merits in the United States House of Representatives v. Burwell, a challenge brought by the House to unilateral action taken by the Administration under the Affordable Care Act (ACA). After losing its motion to dismiss the case on standing grounds, the Administration sought (over the objections of the House) to remove the case to the United States Court of Appeals for the District of Columbia without ruling on the merits of the case. Judge Collyer denied the motion and set the case for final briefing and ultimately a final ruling.

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Bizarre, Media, Military, Politics, Society

C for Censorship? CBS Bars Advertisements Of “The Truth” Movie On Bush Military Record

Truth_2015_posterThere is an interesting story coming out of CBS this week where the network has refused to air advertisements for Truth by Sony Pictures Classics. The problem is that the film starring Cate Blanchett and Robert Redford places CBS in a negative light in exploring the network controversy over airing the 2004 news story on former President George W. Bush’s military service record. The story was discredited and CBS fired producer Mary Mapes. Anchor Dan Rather later retired from CBS. [For full disclosure, I worked for CBS as an on-air analyst with Rather and thought very highly of him in our work on the Bush v. Gore coverage].

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Bizarre, Free Speech, Media, Military, Politics, Society

Journalist Attacked For Being Anti-Women For Story Questioning Training of First Female Rangers

army-rangers-1024It would seem a straightforward journalistic piece when Susan Keating at PEOPLE Magazine decided to inform readers that Congressman Steve Russell, R-Okla., and others were questioning the qualifications and training of the first women to pass the Army Ranger school. Russell has asked the secretary of the Army for documentation pertaining to the passage of 1st Lt. Shaye Haver and Capt. Kristen Griest after he said various sources complained that (in direct contradiction of official Army statements) the women were given help in passing the rigorous tests. Keating, however, has been attacked as “anti-woman” for writing the story in a strong backlash as the Army denies all of the allegations.

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Bizarre, International, Media, Religion

A Papal Indulgence? Kim Davis Said Pope Met With Clerk and Told Her To “Stay Strong” [UPDATED]

kim-davis-mugshot120px-Pope_Francis_in_March_2013_(cropped)The lawyer for Kentucky clerk Kim Davis has stated that she met with Pope Francis during the pontiff’s visit to Washington D.C. last week and received encouragement from him in the meeting. It is a surprising disclosure, if true, but Attorney Mat Staver of the Liberty Counsel insists that the Pope spoke to Davis and her husband in English and said “Thank you for your courage” and told her to “stay strong.”
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Bizarre, Media, Politics, Society

Pennsylvania Rep Takes Pope’s Glass and Then Dispenses The Water To His Family and Staff

2CC3B29000000578-3249286-image-a-9_1443204120212This week, there has been considerable discussion of a series of pictures released by the office of Representative Bob Brady that shows him pouring water in the mouths of family members and staff from the glass used by Pope Francis after speaking in Congress. Yesterday, Brady admitted to taking the glass and sharing the water (while insisting on holding the glass himself) but proffered that he asked permission to take the glass. He also confirmed that he did the same with a glass used by President Obama. What is really astonishing is that Brady not only took these pictures but instructed his staff to release them on social media.

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Courts, Criminal law, Free Speech, International, Media, Politics, Society

Egypt President Pardons Imprisoned Al Jazeera Reporters

By Darren Smith, Weekend Contributor

Flag of EgyptWe have followed the plight of several reporters for the news medium Al Jazeera who were imprisoned and subjected to various appeals on behalf of the prosecution to ensure their place amongst the incarcerated, accused under dubious evidence of involvement with terrorist organizations and the crime of reporting of false information. The courts even went so far as to accuse them of doing the work of the devil. (HERE, HERE, HERE, and HERE)

For over a year there has been much outcry in the world media and the public about the abuses against free speech, journalists, and citizens; especially focused it was on these reporters. Now, President Abdel-Fattah el-Sissi grants a pardon to these Al Jazeera reporters.
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Constitutional Law, Criminal law, Free Speech, International, Media, Politics, Religion, Society

Le Pen To Stand Trial For “Inciting Racial Hatred” Due To Criticism of Muslims In France

Le_Pen,_Marine-9586Marine Le Pen, the leader of France’s far-right National Front, has been criminally charged with inciting racial hatred in the latest example of the rollback on basic free speech rights in France and other European nations. I have been a critic of the crackdown on free speech in France, including the hypocrisy of the government in the aftermath of the Charlie Hebdo massacre. In this case, Le Pen compared Muslim street prayers to a Nazi-like occupation, a statement that should be clearly protected as political speech in France. Instead, she will be pulled before a tribunal in another example of how free speech is being eviscerated by anti-discrimination and hate speech laws.

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Media, Torts

Internet Order To Pay Million Dollar Penalty For Alleged Negative Option Trap

By Darren Smith, Weekend Contributor

Advertisement image shown for identification purposes for this article. It is not an endorsement by the author or this website nor does it convey any current offer from any business.
Advertisement image shown for identification purposes for this article. It is not an endorsement by the author or this website nor does it convey any current solicitation or offer from any business.

The Internet Order company, known for its product “The Pimsleur Approach” language software sold online, has agreed to pay a one million dollar fine to settle charges by the Washington Attorney General who alleges the company violated consumer protection laws by engaging in what is referred to as a Negative Option Trap.

Negative option billing, is the business practice of automatically billing a consenting consumer for products or services of which the consumer must pay or cancel in advance of delivery. Washington State law treats deceptive Negative Option Billing as a violation of the consumer protection act and also considers unsolicited goods delivered to a consumer to be gifts and the recipient has no obligation to pay.

The investigation began after an advertisement program offering to sell consumers a language instructional CDs for the introductory price of $9.95. Consumers complained that afterward they were unexpectedly billed for additional language CDs every sixty days for in some cases reportedly $64.00 each.

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Environment, International, Media, Politics, Science, Society

Rare Earths Mining And Processing Leading To Much Pollution In The East

By Darren Smith, Weekend Contributor

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Neodymium

The BBC presented an engaging and informative report concerning how the unprecedented demand for rare earth elements is leading to environmental degradation, especially in developing countries. It proposes that one of the ironic tragedies of manufacturing green technologies is that it is leading to concentrations of pollution in specific areas. This also brings forth the importance of having a conversation about advanced, consumer societies needing to engage in much self reflection on the causes of the insatiable appetites consumers have for top of the line electronics.  Of which are designed with quick obsolescence as a business model.

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

Chicago Prosecutor Fired After Videotape Contradicts His Sworn Testimony On Witness Statement

ct-met-officer-shot-paris-sadler-0322-mh-jpg-20150828mosaic_anita143x176When the case of the shooting of a Chicago police officer in 2012 came to the chambers of Cook County Circuit Judge Thaddeus Wilson, the court saw something that it said was obvious to anyone who has done any practice in the criminal law: the statement of the mother of the suspect Paris Sadler was free of any corrections or edits. Since the mother Talaina Cureton said that she had edited and corrected the statement prepared by Assistant Cook County state’s attorney Joseph Lattanzio, it was a curious fact. However, Cook County State’s Attorney Anita Alvarez, long criticized for her policies such as prosecuting citizens who dare to video police in public, fought to block any effort to reexamine the statement and denied that her office omitted critical information. Now, it appears that one of those videotapes that Alvarez hates, existed showing Cureton editing the statement. Lattanzio has been fired. However, once again, without the videotape, Alvarez’s office would have likely succeeded in blocking the challenge and protecting the prosecutorial misconduct.

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Academia, Bizarre, Criminal law, Media, Society

University of Kentucky Student Arrested After Crashing Drone At Football Game

8775955_GA University of Kentucky law student, Peyton Wilson, 24, has been charged with wanton endangerment after allegedly flying a drone at Commonwealth Stadium just before the season opener game against Louisiana-Lafayette. It is the latest such case of drones harassing or endangering people on beaches, streets, or stadiums.

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Bizarre, Lawyering, Media, Politics, Society

Pennsylvania AG Rails Against Bar Leak . . . In Her Case Alleging Grand Jury Leaks

kathleen_kane_mugshotThere are some cases that produce truly Earth shaking ironies. The prosecution of Pennsylvania attorney general Kathleen Kane is one such case. We previously discussed the case where Kane is accused of leaking grand jury information and lying about it to a grand jury. She is accused of using the leaks to attack her opponents or critics. Her team is now objecting to the damage to her case after a leak that confirmed that bar authorities in Pennsylvania are seeking to suspend her law license. They insist that such leaks are clearly designed to hurt Kane.

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Bizarre, Media, Politics

iPresser: Siri Answers Question In White House Press Conference

220px-Josh_Earnest_2011Siri_iOS_7There was a wonderfully ironic moment in the White House as reporters spared with Press Secretary Josh Earnest who has been often criticized for less than forthcoming statements to the media. Now “Siri” is getting in the act as she was heard in the midst of the press conference saying “Sorry, I’m not sure what you want me to change.” It seemed for a moment like Earnest had developed a second persona.

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International, Media

Hungarian Camerawoman Fired After Shown Tripping Refugee Father Carrying His Child

Screen Shot 2015-09-08 at 9.30.05 PMOne of the leading Hungarian broadcasters has fired a camerawoman after she was shown tripping a fleeing refugee man who was carrying his young son in his arms. The broadcaster and many Hungarian news outlets have been accused of highly negative coverage of the influx of refugees. The camerawoman has been identified as Petra László of N1TV.

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