Category: Media

Cincinnati Man Beaten Almost To Death As Crowd Laughs and Jeers

Screen Shot 2015-07-06 at 8.14.05 AMThere is a growing controversy in Cincinnati where police had to fight their way into a scene to rescue a white male who was nearly beaten to death at a Fourth of July concert. The video below shows the mob laughing and taunting the nearly dead man lying on the ground. Critics have asked why the beating of the white male by a largely black mob was not immediately identified as a possible hate crime. They charge that, if the situation were reversed, the reaction would have been different in the media and the police. Yet, there is no evidence that I can find that the beating itself was racially motivated. In the end, the behavior of the mob does not have to be racially motivated to shock the conscience as to the lack of humanity and cruelty. Officers were attacked and injured by the crowd as they tried to rescue the unconscious man. While the police at the scene reported the beating as “anti-white,” the police chief later stated that the attack was not racially motivated.

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OBERGEFELL AND THE RIGHT TO DIGNITY

Supreme Court Below is my column today in the Washington Post on the ruling in Obergefell on the basis for the Court’s ruling in favor of same-sex marriage. Due to limitations on space, I could not go into great depth in the opinion which primarily dealt with the notion of the “right to dignity.” The Court did not pursue an equal protection analysis beyond the following highly generalized statement:

The right of same-sex couples to marry that is part of the liberty promised by the Fourteenth Amendment is derived, too, from that Amendment’s guarantee of the equal protection of the laws. The Due Process Clause and the Equal Protection Clause are connected in a profound way, though they set forth independent principles. Rights implicit in liberty and rights secured by equal protection may rest on different precepts and are not always coextensive, yet in some instances each may be instructive as to the meaning and reach of the other. In any particular case one Clause may be thought to capture the essence of the right in a more accurate and comprehensive way,even as the two Clauses may converge in the identification and definition of the right.

Since the Court did not substantially address whether homosexuals are a protected class or the other Equal Protection line of cases, the opinion appears to craft a right around the inherent right of self-expression and dignity in intimate affairs. That is very appealing to many in the expansion of due process concepts, but the column explores what it portends for future rights.

Here is the Sunday column:

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State Department Confirms That Over Two Dozen Emails On Clinton Server Are Now Considered Classified

225px-Hillary_Clinton_official_Secretary_of_State_portrait_cropWe have previously discussed the series of scandals in Washington where powerful individuals have been spared serious sanctions for acts where ordinary people have faced long and unrelenting prosecution. (here) It is part of America’s Animal Farm system where some individuals are more equal than others. That concern is even greater this week with the combination of the disclosure that Hillary Clinton did use a personal email system for classified communications and most media outlets appear to be ignoring the obvious import of that fact.

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Give Me a P, Give Me an A, Give Me a Y . . . NFL Owners Facing Legislation To Force Minimum Wage For Cheerleaders

It often seems that a day cannot go by without finding something to truly hate about the NFL. Despite being a football (and Bears) fan, I have long found the NFL itself to operate just slightly above the level of the Barbary Pirate kingdoms. We can add the abusive treatment of cheerleaders. California this month moved to become the first state to require that cheerleaders be paid minimum wage by teams. While lawyers have long insisted that they already qualify for such pay, some NFL teams have been pulling in hundreds of millions of dollars while paying cheerleaders either nothing or the equivalent of $5 an hour. The “Buffalo Jills” for example were paid nothing. Nothing by a time that featured them and pulled in millions for televised games.

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Utah Man Admits He Lied About Being Attacked and Having A Homophobic Slur Carved Into His Arm

2A23CDFC00000578-3145333-image-a-25_1435753276476Rick Jones, 21, became a cause celebre after he alleged that he was beaten and had a homophobic slur carved into his arm. In a case reminiscent of the Tawana Brawley case and some other more recent controversies (here and here), Jones has now admitted that it was a hoax.

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Paul Begala Under Fire After Disclosure Of Emails To Clinton Aides On Talking Points

220px-Paul_Begala_by_Gage_Skidmore225px-Hillary_Clinton_official_Secretary_of_State_portrait_cropThe email controversy surrounding Hillary Clinton continues to grow but there is one aspects that is less of a problem for her as it is for one of her allies, Paul Begala. Begala is shown in email seeking directions or talking points from the State Department on what to say about one of Clinton’s speeches and then writes back to tell Clinton aides that he gave her an “A+.” Such talking points are common in Washington but the email forces the practice into the open and raises the question about independence of commentators, even in today’s formula conservative-liberal/democratic-republican casting. People like Begala are supposed to be crushingly predictable in blindly support one side of the formula casting, so it is hardly surprising to see such scripting or shaping. However, some have asked about the propriety of a CNN commentator who appears to be so closely coordinated with a political figure like Clinton even on his impressions of her skills as a speaker. It was an ironic twist from a commentator who declared national that “voters to not give a sh**” about the Clinton emails.

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NBC Dumps Trump Over Controversial Illegal Immigration Remarks [UPDATED]

Donald_Trump_March_2015220px-nbc_logosvgThis is truly painful since I am neither a fan of Donald Trump or beauty pageants, but here it is: Is it possible that the actions taken against not just Donald Trump but his business associations are excessive? NBC has issued a statement that it will no longer air the Miss USA and Miss Universe pageants and that Trump will no longer participate in “The Celebrity Apprentice.” (Univision previously banned the pageant as did Televise. Mexico swore not to send its contestant to the pageant). Now many people have long advocated a Dump the Trump position because they view him as an obnoxious self-caricature. However, NBC is now dropping its association with Trump because he said highly negative things about border illegal aliens at a political event. [Now Macy’s has joined the corporate Dump Trump movement]

One could understand dropping a personality from a show like “The Celebrity Apprentice” over public comments, but the network is shooting shows that are connected Trump’s business interests. It seems odd to pull the plug on the Miss USA and Miss Universe contestants solely because the events is connected financially to someone who has controversial political views. The Miss USA contestants expected to appear on NBC on July 12 from Baton Rouge. The network has aired the program for the last 11 years.

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Sister Wives Case Cited In Supreme Court’s Historic Same-Sex Marriage Ruling

240px-sister_wives_tv_series_logo220px-File-Official_roberts_CJ_croppedI am still doing commentary on today’s history ruling in favor of same-sex marriage. It was a remarkable day for all of us outside of the Court. As many of us quickly read through the opinions, hundreds of people broke out into song: singing our national anthem. It never sounded so beautiful or so meaningful. As I went live with Jake Tapper on CNN, I noticed a familiar reference however. The Chief Justice cited to the Sister Wives litigation now pending before the United States Court of Appeals for the Tenth Circuit. I am lead counsel for the Brown family, which prevailed in striking down the criminalization of cohabitation in Utah. The Wall Street Journal and other media outlets also discussed our case.

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Apple Pulls All Games Featuring Confederate Flag From App Store

125px-Apple-logoConfederate_Rebel_Flag.svgGaming sites are reporting that Apple has pulled all war games featuring the confederate flag from the App Store as “offensive” and “hateful.” That decision of course wipes out historically accurate Civil War games. As a military history nut, I find the actions by Apple to be bizarre and revisionist. This was the symbol of one side in one of the world’s most famous military conflicts. When used in the context of a war game, it is obviously being used to closely mirror the symbols, uniforms, and equipment of the time.

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Obamacare Spared Through “Jiggery-Pokery”?

scaliaSupreme CourtI spent most of the day opining in front of the Supreme Court and in studies on the 6-3 ruling in favor of the Obama Administration in King v. Burwell. I will not subject you to more of that analysis. I have previously indicated that I found the opposing view of the Halbig decision against the Administration to be compelling, though I have always viewed this to be a difficult question upon which people of good-faith could disagree. Yet, in both my prior congressional testimony and my columns, I have never accused the Administration of “jiggery-pokery” — largely because I was not sure what jiggery-pokery is. However, Associate Justice Antonin Scalia has written a stinging dissent to King that contains the memorable accusation that the majority was engaging in “interpretive jiggery-pokery.”

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Controversial Filmmaker O’Keefe Detained At Border By Customs

CIHe_UEUEAA7r4YConservative filmmaker James O’Keefe has reported that he was detained by U.S. Customs and Border Patrol agents Monday when attempting to reenter the country. The reason appears his widely published video showing him crossing the border repeatedly from United States and Mexico while dressed as Osama bin Laden. The video succeeded in capturing what critics have complained about for years: that the border remain wide open and that the Administration is misleading the public on the ease with which potential terrorists could cross into the United States illegally. Whatever the merits of that video, it does seem to me to be either a form of journalism or political speech. It was also very embarrassing for Customs and the Administration. That makes the action troubling if O’Keefe was told, as he states, that he will be detained from now on whenever he tries to reenter the United States.

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Berkeley Holds Seminars To Discourage Use Of Terms Like “Melting Pot” As Racial “Microaggressions”

200px-University_of_California_Seal.svgI have written columns and blogs through the years about the disturbing trend on U.S. campuses toward free regulation and controls. In the name of diversities and tolerance, college administrators and professors are enforcing greater and greater controls on speech –declaring certain views or terms to be forms of racism or more commonly “microaggressions.” The latter term is gaining support to expand the range of controls over speech and conduct to include things that are indirect or minor forms of perceived intolerance. The crackdown seems most prevalent in California where lists of “micro aggressions” seems to be mounting as a macroaggression on free speech. The new list of verboten terms out of University of California (Berkeley), headed by Janet Napolitano, captures the insatiable appetite for speech regulation. The school has asked faculty to stop using terms like “melting pot” or statements like “I believe the most qualified person should get the job.” They are now all microaggressions. Not only are school buying into the concept of microaggressions and speech regulation, but they are shaping a generation of students who seem to look for any possible interpretation of terms to take offensive at.

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Former Student Sues Amherst College Over The Denial Of Due Process In His Expulsion Over An Allegedly False Rape Charge

Amherst_College_Seal.svgA male student identified as “John Doe” has sued Amherst College for allegedly denying him due process and ignoring evidence that he says proved another students Sandra Jones, lied about an alleged rape at the college. This is the second such lawsuit accusing the school of stripping students of due process in the handling of sexual harassment or assault claims. I have previously written about my concerns over the heavy-handed measures that the Obama Administration has forced on universities over the objections of faculty and students alike in such cases.

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Kuwait Sentences Female Activist and 21 Others For Reading From Speech Critical Of Emir

PrisonCell220px-Sheikh_Sabah_IVIn 1991, President Bush announced the start of military operations to free Kuwait from the ravages of dictatorship after the invasion of Iraqi forces. He promised to restore Kuwait and its people to freedom. In the years following the liberation however Kuwait’s government has repeatedly shown that real freedom was confined to its ruling family and not average Kuwaitis. The sentencing in absentia of Rana Jassem al-Saadun is only the latest example. The female rights activist was given three years in jail for simply repeating parts of a speech by an opposition leader that was critical of Emir Sheikh Sabah al-Ahmad al-Sabah, Kuwait’s authoritarian leader.

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Montana Moves To Criminalize Speech Deemed Insulting To Religious or Racial Groups

100px-Montanastatesealnicubunu_open_mouthWe have been discussing the crackdown on free speech in the West, particularly in England, France, and Canada. It is a rising concern that seems to be lost on Montana legislators and prosecutors who want to follow the path of speech criminalization. The Montana criminal defamation statute criminalizes speech that exposes religious, racial, and other groups — “to hatred, contempt, ridicule, degradation, or disgrace” — an absurdly broad standard that would make a Sharia judge blush.

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