Russia Today is showing a less than positive image of the United States as a video shows its reporter trying to report on the protests in Baltimore last week only to be mugged on camera. Fortunately, police were in the area and apprehended the suspect. In the meantime, another disturbing video shows City Paper Photo Editor J.M. Giordano was tackled and beaten by Baltimore City police outside of Western District headquarters last night while covering the protests. The attack on a journalist by police was accompanied by the arrest and charging of another reporter for disorderly conduct.
Category: Media
By Darren Smith, Weekend Contributor
According to an Iraqi based aid worker, who identified himself only as Yousif, approximately two girls a day commit suicide in the aftermath of being raped by ISIS Terrorists. The news and other corroboration of reports of inhumanity directed toward women in girls are unimaginable. Compounding the horror experienced from gang rapes in open streets, being sold into sexual slavery, or subjected to other outrages is both the stigma and shame forced onto women and girls–a furtherance of ISIS’ crimes against humanity. It also shows a macabre window into a policy of ethnic cleansing by ISIS at several levels.
We have another video of a police officer destroying the cellphone of a citizen who is filming an arrest in clear violation of her constitutional rights. New reports indicate that the officer holding an automatic weapon in the videotape below who is seen charging the woman and smashing her phone on the ground is a United States Marshal in California.
By Darren Smith, Weekend Contributor
A six year effort by Computer Scientist Jerry Epstein of SRI International has finally achieved fruition in his quest to decertify AVS WinVote Machines for election use due to what can described as extremely broken security measures and weaknesses in its design. Such deficiencies were so magnified the machines had not only the potential for fault but a relatively unsophisticated hacker could have brought down the State of Virginia’s election system.
Mr. Epstein reportedly stated the WinVote system “would get an F-” in security.
Continue reading “Computer Scientist Gives Virginia Voting Machines F- Security Grade”
San Diego University Law Professor Shaun P. Martin has prevailed in a bizarre lawsuit filed by Melanie Welch, who sued Martin for defamation after he discussed her case on his blog. In addition, the court imposed attorney fees against Welch for the litigation. The case is Welch v. Univ. of San Diego (Cal. App. 2015) and constitutes a victory for free speech protections.
Continue reading “San Diego Law Professor Prevails In Defamation Lawsuit Over Blog Article”
West Allis, Wis., police had a bit of a surprise when they responded to a call about a mysterious man in the neighborhood near Milwaukee in July 2013 and found Dwayne S. Powell, a private detective, with two laptop computers, binoculars, a GPS tracking device, a stun gun, two rifles, four handguns, 2,000 rounds of ammunition and a homemade silencer in a rented SUV. While first resisting to give his name, Powell reportedly admitted that he was hired to keep continual watch on the father of David Miscavige, the leader of the Church of Scientology, who had separated from the church. Powell further stated that, after seeing what he believed was a possible heart attack, he contacted David Miscavige, who allegedly told him to let his father Ronald Miscavige Sr. die and not intervene or call help. The case has not led to litigation but it could.
There is an interesting ruling out of Manhattan where Manhattan Supreme Court Justice Matthew Cooper has allowed nurse Ellanora Baidoo to serve her elusive husband, Victor Sena Blood-Dzraku (left), with divorce papers via a Facebook message due to her husband’s lack of a current address. Cooper noted in his opinion: “The past decade has also seen the advent and ascendency of social media, with websites such as Facebook and Twitter occupying a central place in the lives of so many
people. Thus, it would appear that the next frontier in the developing law of the service of process over the internet is the use of social media sites as forums through which a summons can be delivered.”
The Rolling Stone magazine has retracted the University of Virginia rape story that we have previously discussed. While agreeing with a Columbia Journalism School review of major flaws in reporting and editing, the publication has refused to fire anyone. The writer, Sabrina Rubin Erdely, will continue to write for the publication despite quotations from an editor that she was repeatedly asked to confirm the story with key witnesses who were never interviewed. The review concluded that the failure “may have spread the idea that many women invent rape allegations.”
Continue reading “Rolling Stone Retracts Rape Story But Refuses To Fire Anyone For The Story”
Below is my Sunday column in the Washington Post on Indiana’s Religious Freedom Restoration Act (RFRA).
The column below raises the question of line drawing and states that I would prefer an absolute rule requiring all services. However, I could not support such a rule if we are going to strip protection from “wrong” views while allowing others to refuse on the ground that other symbols or language are clearly offensive. One variation on the “No Cake For You” approach below was suggested by a colleague who said that we could allow bakers and others to refuse any offensive language — religious or non-religious — unless the government could show that the baker would have sold the cake but for the status of the prospective buyer (e.g., gay or straight, Jewish or not, etc.). Thus, as long as the basis of the refusal was the actual language or symbols, it would be protected as an expressive act.
As I say in the column, I continue to struggle with drawing this line. None of the options are particularly satisfying. However, I do think that we have to have a real dialogue on this issue free of low-grade efforts to those on the other side as bigoted for wanting to discuss the range of free speech conflicts. The point is that, when dealing with the question of the right to refuse to create offensive symbols or language, one must address the fact that there are a wide array of such conflicts that can arise among different religious, cultural, or political groups. One does not have to agree with their speech to raise the question of their right to engage in such speech. Indeed, the first amendment is designed to protect unpopular speech. We do not need it to protect popular speech. Some may ultimately decided that no business can refuse any message under the “Let Them Eat Cake” approach despite rulings like Hobby Lobby and Citizens United. However, the first step is to have the debate, preferably free of personal attacks or attempts to silence those who would raise the speech of other unpopular or offensive groups.
Here is the column:
We have yet another attack on free speech and the free press from one of our allies. Malaysian cartoonist Zulkiflee Anwar Alhaque, better known as Zunar, has been hit with nine counts of sedition for tweets critical of the country’s judiciary. It is an outrageous prosecution brought under a law that defines sedition as any comment that promotes hatred toward the government. Zunar previously defended his art against claims that it is defamatory. Zunar faces up to 43 years in jail if found guilty on all nine charges.
Continue reading “Malaysia Charges Cartoonist With Sedition For Criticizing Its Courts”
There is an interesting lawsuit in France by six survivors of the January attack by Islamic extremist Amedy Coulibaly at the Hyper Casher Jewish supermarket in Paris. The six people were mortified after learning that French media broadcasted their hiding location in a refrigerator while Coulibaly was looking for hostages and threatening to kill them all.
There is a bizarre legal tiff between political operatives in Philadelphia over who came up with an attack strategy to save the career of Democratic Mayor John Street in 2003. Street was implicated in a “pay-to-play” scandal. While he was not charged, a slew of his associates and fundraisers were. Now, Philadelphia campaign consultant Frank Keel has sued Obama presidential campaign adviser David Axelrod over Axelrod’s claim that he came up with the attack strategy that saved Street. Keel insists that Axelrod is taking credit for the idea of attacking the George W. Bush Administration to spin the scandal. While that strikes me as a pretty obvious strategy, it appears a defining moment that both men want to claim. Keel also sued Penguin Random House.
This week, I appeared on the CNN special addressing the Religious Freedom Restoration Act (RFRA) in Indiana. While I have been a long-standing supporter of same-sex marriage, I raised concerns over the dismissive treatment of religious concerns over the scope of anti-discrimination laws and how they may curtail free exercise of religion. I have previously written both columns and academic work on this collision between the two areas of law. In the program, I raised an example of the growing conflicts that we discussed earlier on this blog of a bakery that refused to make a cake deemed insulting to homosexuals while other bakers are objecting to symbols that they view as insulting to their religious views. This issue also came up with an advocate for LGBT rights on the show:
We have previously discussed the criticism of reporters, newspapers like the New York Times, and international groups that President Obama has run one of the most hostile Administrations in history to press freedom and public openness. Now that Democratic stalwart, the Washington Post, has joined in the chorus of critics, detailing the secretive, almost Nixonian culture of the Obama Administration in a new article.
We have previously discussed how the social media craze of posting selfies seem to leave any room for . . . well . . . decency. The latest controversy concerns the East Village gas explosion that injured 25 people and collapsed three building — causing extensive physical and property injuries. While emergency personnel were still digging through rubble to try to find survivors, people started to show up to take selfies.
Continue reading “Social Media Sites Lash Out At Disaster Selfies In New York”