Category: Media

NDAA Double Cross

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

When United States District Judge Katherine Forrest blocked the implementation of Section 1021 of the infamous National Defense Authorization Act in May of this year, I thought that legal civilians of all stripes were saved from being at risk of imprisonment without trial or due process. However, an appeals court stayed Judge Forrest’s injunction and the appellate court has allowed the indefinite detention provision to be reinstated during the appeal time frame.  Business Insider

Naomi Wolf of the Guardian explains why a group of journalists sued to block the implementation of Section 1021 in the first place. “As I reported here, last spring a group of journalists and activists including Chris Hedges, Noam Chomsky and Tangerine Bolen, led by counsel Bruce Afran and others, sued President Obama to halt the implementation of Section 1021 in the National Defense Authorization Act (NDAA), which would have allowed for the indefinite detention of Americans without charge or trial. The vague definition of who could be detained included individuals who were seen to provide “substantial support” to al-Qaida’s “associated forces” – wording that provided no protection for journalists interviewing, for example, detainees in Guantánamo, or activists and advocates working with prisoners on their cases.”  Readersupportednews  Continue reading “NDAA Double Cross”

West Point and Religion

Submitted by: Mike Spindell

061410-FlagA young man named Blake Page resigned from West Point this week with five months left to go until graduation. This will no doubt be a life changing event for him and could potentially have drastic consequences. His reason for resigning was his belief that there was a pervasive influence of religious proselytizing at this famed military academy. He and other non-religious cadets are retaliated against for their beliefs and for their refusal to go along with a program that makes Christian Faith the standard for success and for receiving privileges.

He wrote an article for the Huffington Post which I will discuss and link to below. First though I want to add my own thoughts on this because I think this young man is credible and because his charges regarding West Point are not the first complaint of intolerance towards non-religious cadets at a U.S. Armed forces Academy. The U.S. Air force Academy is located in Colorado Springs, Colorado. It is said that this community of 416,000 people can be considered the nexus of Evangelical Christianity in the United States, if not the world.

“Although houses of worship of almost every major world religion can be found in the city, Colorado Springs has in particular attracted a large influx of Evangelical Christians and Christian organizations in recent years. At one time Colorado Springs was counted to be the national headquarters for 81 different religious organizations, earning the city the tongue-in-cheek nickname “the Evangelical Vatican[57] and “The Christian Mecca”.

Religious groups with regional or international headquarters in Colorado Springs include: the Association of Christian Schools International, the Christian and Missionary Alliance, Compassion International, Every Home for Christ, Focus on the Family, HCJB, the International Bible Society, The Navigators, the Roman Catholic Diocese of Colorado Springs, WAY-FM Media Group, Andrew Wommack Ministries, and Young Life.”

In addition to the Air Force Academy there is Fort Carson and two air force bases located in the City. Twenty percent of this County’s employees work for these facilities. Besides this large military presence: “Colorado Springs is home to the United States Olympic Training Center and the headquarters of the United States Olympic Committee. In addition, a number [15] of United States national federations for individual Olympic sports have their headquarters in Colorado Springs http://en.wikipedia.org/wiki/Colorado_Springs,_Colorado#Religious_institutions

Call me paranoid perhaps, but I think that it is no coincidence that this small city, but sixty miles from Denver, at the base of Pikes Peak, has drawn such a large influx of Evangelical Christians and their national organizations. I think it is potentially an ominous sign and I’ll explain my thoughts and feelings. Continue reading “West Point and Religion”

OUR STUDENTS DESERVE DUE PROCESS

600px-US-DeptOfEducation-Seal.svgBelow is my column this morning in USA Today on a campaign by the Obama Administration to pressure colleges and universities to reduce due process protections for students accused of sexual harassment and sexual violence. I have previously written a letter to my own university opposing some of these specific changes, though (like many schools) George Washington appears to be yielding to the pressure. I understand the concern of the Administration and the need to protect victims in this difficult process. We are all committed to maintaining a protective environment for both students and faculty. However, there are other ways to offer such protections without stripping away core due process protections in my view. My greatest concern is with the sexual violence cases because these adjudications will have a lifelong impact on the students (or faculty members) as well as consequences for collateral criminal proceedings. The column below is slightly expanded with material cut for space in the newspaper version.

Continue reading “OUR STUDENTS DESERVE DUE PROCESS”

14,000,000

One hour ago, our blog passed the 14,000,000 viewer. The fact that we only recently passed the 13,000,000 viewer mark reflects the impressive growth of this blog. Congratulations everyone. Now if we could only get .000001 of those viewers to vote for us on the ABA blog competition we could crush the competition! If you (are any distant relative, incompetent ward, or pet) has not voted, you can vote here and cast your vote today!

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Supreme Failure: Chicago’s Anita Alvarez and the Campaign To Criminalize Citizen Monitoring of Police

mosaic_anita143x176Below is my column today in the Sunday Chicago Tribune on the recent denial of review by the Supreme Court in the Illinois eavesdropping case that we discussed earlier.

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See the Future, Be the Future

Faux-Propaganda poster ft. Mayor Bloomberg by Essam Attia
Faux-Propaganda poster ft. Mayor Bloomberg by Essam Attia; note the intentional misspelling.

by Gene Howington, Guest Blogger

“I was a peripheral visionary. I could see the future, but only way off to the side.” – Steven Wright

“Those who cannot remember the past are condemned to repeat it.”

“Fanaticism consists in redoubling your effort when you have forgotten your aim.” – George Satnayana in “Life of Reason, Reason in Common Sense”

This last week an artist became the message of his own art. While this may be poetic, it is also an injustice and a abridgement of his 1st Amendment rights.  Fake Soviet style propaganda posters appeared around New York City corresponding to the opening of the U.N. General Assembly.  They are the work of 29-year-old street artist Essam Attia, who although he works anonymously like the street artist Bansky, did sign some of the works “Essam”.  The NYPD’s initial response seemed to be proportionate to the act when Police Department spokesman Paul Browne shrugged the stunt off with a bad pun.  “[It] appears to be NYPD critics subjecting us to a droll attack”, he said.  The actual disproportionate response has ended up with Essam Attia being arrested and charged with 56 counts of criminal possession of a forged instrument, grand larceny possession of stolen property and weapons possession – the last charge stemming from an unloaded and unregistered .22 caliber pistol under the artist’s bed.

Continue reading “See the Future, Be the Future”

My How Things Have Changed

Submitted by: Mike Spindell, guest blogger

eisenhower saying

goldwater saying

One of the sad lessons one learns, if they live long enough, is that permanency is an illusion. There was a time when most Conservatives in the United States actually cared about the country and its’ people. It’s not that I’m wistful for some bygone era that exists only in my mind, because I’m well aware that the 40’s, 50’s and 60’s were tumultuous times for many including myself.  Nor do I have any great love for Dwight Eisenhower and/or Barry Goldwater who I did not vote for in 1964. Yet with all their conservative beliefs, these were men who actually understood something about the needs of people and the motives of some who would call themselves religious leaders. Many of us who have lived long lives remember when the public political discussion in this country contained actual, factual debate, containing depth of ideas, rather than the invective we hear today. The Republicans of the Eisenhower era understood that there was a social contract that existed in this country to ensure that there was a healthy, financially flourishing Middle Class, which is the engine that drives a prosperous modern society. Also  Barry Goldwater, who was known as “Mr. Conservative” understood the danger that the Religious hucksters had for his party and the necessity of politicians to compromise. He would ridicule those prominent politicians in his party who would reject the ideas of evolution and blind themselves to science. He also really did believe that government had no business prying into essentially private matters. I disagreed with him on most things, but I at least could respect him, which I can’t do for many prominent politicians of today.

What happened?  You know I’ve written about my theories in many of my guest blogs, what are yours?

Islamists Push Through New Constitution In Egypt That Would Open the Door For Sharia Law and Clerical Oversight of Legislation

220px-Mohamed_Morsi_croppedAs protests continue over the power grab of President Mohammed Morsi, Islamists pushed through a draft constitution without the involvement of Christian or liberal members to give Muslim clerics oversight over legislation and add restrictions to free speech, women’s rights, and other civil liberties.

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Cook County State Attorney Anita Alvarez Loses Bid To Allow Jailing Of Citizens Who Film Police In Public

Cook County State’s Attorney Anita Alvarez failed in her latest effort to strip citizens of a basic right to film police in public — and thereby eliminate the single most effective tool against police abuse in this century. The Supreme Court refused her appeal of the ruling of the United States Court of Appeals for the Seventh Circuit, which expressly criticized Alvarez for her “extreme” position on the rights of citizens. As a native Chicagoan, I remain astonished that citizens have allowed Alvarez to remain in office as she has publicly sought to strip them of their rights and block a tool that has been used repeatedly to show police abuse. For a leading and generally liberal jurisdiction, Chicago has the ignominy and dishonor of leading the effort to fight core civil liberties in this area.

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TURLEY BLOG MAKES ABA TOP 100 — NOW IT IS TIME TO VOTE FOR THE TOP BLOG!

The ABA Journal has released its list of the top 100 legal blogs in the world and we are once again in this august group of blogs. Congratulations to all of our regulars contributors and weekend bloggers. We have previously taken the top spot under the opinion category in the past but the ABA has now eliminated that category. Even more ominous was the decision to put the largest blogs in direct competition under an expanded “News/Analysis” category. This includes the long dominant “Above the Law” site. We would have to punch considerably above our weight to beat “Above the Law,” which is ranking regularly in the top two most visited legal sites in the world. Frankly, it is like a dingy going up against a battleship. However, we have never flinched in the face of superior numbers. So it is time to vote! It takes a very quick registration. Just click here and cast your vote today!

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Humanity’s Hubris

Submitted by: Mike Spindell, Guest Blogger

As a visceral person who loves film, I am easily moved when I watch productions that connect the struggles of human beings with the vicissitudes of life. This week I watched such a creation and its’ genius was that it led me to thoughts larger than the particular subject of the program. Hubris is an ancient Greek word that can be thought of as indicating: “a loss of contact with reality and an overestimation of one’s own competence or capabilities, especially when the person exhibiting it is in a position of power”. http://en.wikipedia.org/wiki/Hubris . To the ancient Greeks, hubris played an important part in their philosophy and in their philosophic expression in Greek dramas. In those times sexuality was also deeply intertwined in its examples. However: “In its modern use, hubris denotes overconfident pride and arrogance; it is often associated with a lack of humility, though not always with the lack of knowledge.” I intend to extrapolate from one desperate time in American history a sense of what fault it exposes in a macro-cosmic human sense.

Along with the “Great Depression” in the United States, an ecological disaster occurred and added to the general economic misery of the country. This was the advent of the “Dust Bowl” in the agricultural “heartland” of our country. The documentary I watched was “Ken Burns: The Dust Bowl” which I’ll link at the end of this guest blog. From 1930 through 1940 immense dust storms, with ever increasing frequency, began to plague this area along with a parching drought, devastating this formerly fertile region. As the farming economy shrank, children died and farm folk were driven into despair, it became apparent that this ecological disaster was brought about by the people who had worked the land into becoming among the most productive farmlands in the world. I watched this documentary, tearing up frequently at the human misery I saw and clenching my jaw in anger at the sheer cupidity that caused it. I was rediscovering a part of our history that I had known little about except for where it happened. By retelling this tale though I want to make a larger point. The Greeks had it right about humanity in general, in that as we have become masters of this planet, so many of us have so often been laid low by the hubris of thinking ourselves completely in control of our world and immune to the effects of nature. Continue reading “Humanity’s Hubris”

London Police Capture Man Shown On CCTV Attacking 16-Year-Old Girl

This week, we posted the photo of a man who was caught on CCTV knocking out a 16-year-old girl from behind while she walked on a street in East London. The police have now arrested the man. He is Michael Ayoade, 34, who admitted that he punched the girl in what he says was a “misunderstanding on his part.” Ayoade ran up behind Tasneem Kabir as she walked to college and knocked her to the ground. He said that “she started it” because he had felt ‘intimidated’ by a look from the 16-year-old girl.

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Italian Journalists Strike In Face Of New Law Mandating Jail For Defamation

I recently wrote an article how defamation and other laws were being used in the West to curtail free speech. We have another such example out of Italy. I have previously criticized the defamation laws in Italy which include prosecutions of criminal defendants and their families for criticizing police or prosecutors. Now, Italian journalists are on strike after politicians pushed forward a new law that would mandate jail for those who defame people in their stories — most obviously, the politicians themselves.

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HAPPY THANKSGIVING!

Happy Thanksgiving to everyone. This is my favorite holiday with all of the essential elements of joy: food, friends, and football. Continue reading “HAPPY THANKSGIVING!”