Category: Media

Free Speech, International, Media, Politics, Society

Press Freedom On The Decline In Hong Kong

By Darren Smith, Weekend Contributor

Flag_of_the_People's_Republic_of_ChinaAn unfortunate result of the “Occupy” movement in Hong Kong has made freedom of the press one of the casualties.

Unlike other large cities and China generally, Hong Kong reporters enjoy considerable latitude comparatively but there are indications that even this is suffering erosion. Reports are emerging from journalists and other news and civil rights NGOs that Chinese authorities are beginning to import their restrictions into the former British Colony, where formerly the national government had allowed some deference due to the long standing culture and western traditions of the “special administrative region.”

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

Turley Testimony In Senate Confirmation Hearing Of Loretta Lynch

Loretta_LynchI will have the honor of appearing today as part of the confirmation hearings in the Senate Judiciary Committee for Loretta Lynch, nominee to serve as United States Attorney General. Below is my written testimony for the hearing today.

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Bizarre, Constitutional Law, Media, Politics, Society

Alabama’s First Gay Legislator Declares That She Will “Out” Adulterous Colleagues Who Oppose Same-Sex Marriage

Todd_PatriciaAlabama’s first openly gay state legislator, State Rep. Patricia Todd has created a stir this week by declaring that she intends to publicly reveal the adulterous affairs of colleagues who oppose same-sex marriage on the basis of family values. The threat raises the prospect of potential tort liability and some interesting questions of privilege.

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Bizarre, Congress, Free Speech, Lawyering, Media, Society, Torts

Offensive Holding: Seahawks Move To Trademark The Word “Boom” and the Number 12

170px-Referees135px-Seattle_Seahawks_helmet_2012If the Seattle Seahawks are known for their aggressive offensive line, their players are nothing when compared to the aggression of their lawyers. Outdoing even the brutish NFL lawyers who claim copyright to terms like “Super Bowl,” the team has filed two dozen trademark applications in a little over a year to claim ownership to such terms as “boom” and “Go Hawks.” The team is also claiming ownership to the number 12 in a font like the one used by the team. It had to settle a prior lawsuit over its use of “The 12th Man” phrase (referring to the fans) — a phrase claimed by Texas A & M where it was forced to pay a licensing fee for the limited use of this common term. Now it is trying to the do the same in claiming parts of the English language as owned by the team (I am waiting for the Patriots to trademark “Deflate-gate”). It is all perfectly bizarre but Congress has done little to stop the frenzy to claim common terms and phrases. Too bad there is not anyone willing to throw a flag for encroachment to protect citizens.
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Bizarre, Media, Religion, Society

Study: One Out Of Four Sports Fans Believe God Chooses Winners In Sporting Events

350px-God2-Sistine_ChapelThere is an interesting phenomenon that occurred after the Patriots pulled ahead of the Colts in their championship game: the price of Superbowl tickets reportedly fell significantly. People it appears are just not excited about seeing the Patriots play in another Superbowl. However, many people see more than a dominant team or deflated footballs are the reason for who plays in the Superbowl. A recent study found that one out of four Americans believe that God helps choose who wins sporting events. I personally find this hard to accept since the Chicago Bears remains God’s chosen team and yet they remain again out of the Superbowl. However, over twenty-five percent of people believe that they are watching the hand of God in the outcome of sporting events.

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Constitutional Law, Courts, Criminal law, Justice, Media

Murder Conviction Reversed After Prosecutor Shows Jury 100 Prejudicial Power Point Slides During Closing Arguments

By Darren Smith, Weekend Contributor

walker-guilty-photoAfter what was declared to be prosecutorial misconduct, the Washington Supreme Court reversed a jury conviction of Odies Delandus Walker. The defendant was convicted as being an accomplice to first degree murder, first degree assault, first degree robbery, solicitation, and conspiracy after a robbery at a Lakewood Walmart.

In closing arguments during trial, the Pierce County Prosecutor’s Office showed the jury a PowerPoint presentation having over one hundred of a total of approximately two hundred fifty slides having headings such as “DEFENDANT WALKER GUILTY OF PREMEDITATED MURDER,” including one slide having a booking photograph of Walker altered to have “GUILTY BEYOND A REASONABLE DOUBT” superimposed in boldfaced red letters over his photograph. Additional photographs presented included those of Walker and his family juxtaposed with those of the murder victim emblazoned with inflammatory captions.

Walker asked the court to address if such actions violated his right to a fair trial due to the prejudicial nature of the presentation.

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Free Speech, International, Media, Politics, Religion, Society

Lebanese Government Declares Miss Lebanon Will Not Be Stripped Of Crown After Selfie With Miss Israel

By Darren Smith, Weekend Contributor

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We previously reported HERE the bizarre and saddening controversy involving Miss Universe contestant Saly Greige representing Lebanon who was photographed in a selfie by Miss Israel Doron Matalon. The event caused a row that could have stripped Saly of her crown for violating Lebanese fraternization prohibitions with citizens of Israel.

Now, a Lebanese government official announced that no sanctions would be taken against the young hopeful.

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Animals, Constitutional Law, Criminal law, Environment, Free Speech, Media, Politics

Washington State Politicians Draft Bill To Criminalize Whistleblowing In Agricultural Animal Cruelty Cases

By Darren Smith, Weekend Contributor

washington-flag-sealIn what some regard as an affront to both free speech and whistleblowing, Washington legislators Joe Schmick, J. T. Wilcox, June Robinson, and Vincent Buys sponsored House Bill 1104 introducing the new crime of “Interference with Agricultural Production.” The bill, if signed into law, will have the effect of criminalizing whistleblowing and the free speech activities of those seeking to publicize allegations of animal cruelty and other concerning farming methods under the guise of protecting agribusinesses from economic harm.

The bill also provides for troubling retributions against those who have traditionally revealed acts of cruelty to animals and shown food safety abuses by several farms and businesses.

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Academia, Bizarre, Criminal law, Media, Politics, Society, Torts

University of Michigan Frat Suspended And Faces Criminal Investigation After Trashing Hotel

frat23n-7-webfrat23n-6-webThe University of Michigan Sigma Alpha Mu fraternity has been suspended by its national office and its members may face criminal investigation after its members were accused of causing $50,000 in damage at a ski resort last weekend. The pictures of the damage at the Treetops Resort are astonishing and the incident raises the question of whether students involved in potential criminal mischief should be expelled from the school for such extracurricular conduct.

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Bizarre, Congress, Media, Politics, Society

IRS Reportedly Awards Company That Botched Obamacare Rollout A New Contract To Work On Obamacare

160px-IRS.svgWe previously discussed the gross negligence exhibited in the Patient Protection and Affordable Care Act (or Obamacare) rollout and how there appeared little accountability for such failures even when they cost hundreds of millions.(For a column, click here). Now it turns out that, after costing the country a fortune due to this shoddy work, the IRS has reportedly awarded the company yet another contract to do work on . . . you guessed it, Obamacare.

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Constitutional Law, Criminal law, Media, Society

New Jersey Officers Shoot And Kill Unarmed Man Who Disobeyed Commands And Exited Car With Hands In Air

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There is another controversy involving a police shooting. Jermane Reid was shot and killed after the Jaguar in which he was riding was pulled over for running a stop sign by Bridgeton officers Braheme Days and Roger Worley in a Dec. 30 traffic stop. When one officer reported seeing a handgun in the glove compartment, things got tense and ultimately led to the fatal shooting of the unarmed Reid. [Warning: the video and text includes foul language]

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Bizarre, Constitutional Law, Free Speech, Lawyering, Media, Society

The Price of Free Speech: California Attorney Posts Widely Denounced Advertisement With Sexy Doll

YouTube Screenshot
YouTube Screenshot
I have previously written about how some attorneys continue to ignore bar standards encouraging firms to show basic professionalism and decorum in advertising. While we all agree that there is a free speech right to advertise, the vast majority of lawyers show great restraint in deference to the standards of our profession. Then there are people like Michael A. Fiumara. Fiumara of Santa Rosa has posted a juvenile advertisement featuring a sexually suggestive doll in his effort to win the race to the bottom among low-grade lawyers.

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Bizarre, Free Speech, International, Media, Politics, Religion, Society

Beauty in the Eye of the Beholder? Lebanese Beauty Pageant Contestant Put Under Investigation After Appearing In A Selfie With The Israeli Contestant

1421711309674The intense animosity between Israel and its Arab neighbors was put into sharp relief last week when a simple selfie at a beauty pageant triggered a full fledged criminal investigation. Miss Israel Doron Matalon (first from left) snapped a selfie at the pageant and posted it. Someone noticed that the smiling contestant next to her was Saly Griege, this year’s Miss Lebanon (second from left). The reaction was seismic and sad. It appears that fraternization, like beauty, remains in the eye of the beholder.

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Bizarre, Criminal law, Media, Society

CRIME OF THE CENTURY FOILED BY INTREPID FLORIDA DETECTIVE

By Darren Smith, Weekend Contributor

eliot-nessA Manatee County Florida Sheriff’s Detective solved what could have been one of the greatest heists of recent memory.

Crime solver, Detective Todd Zink, caught a recently released inmate red handed; saving John Q. Taxpayer and the state treasury a tidy fortune.

Suspecting that this sly cad might have lifted something before she was released from jail, Detective Zink showed an impressive level of clairvoyance when his tough, streetwise diligence tracked her down before she could fence the loot to the underworld. The theft of this treasure, as with other fine works of art and antiquities to the illicit international art market, would represent an unparalleled loss to the culture of our great republic.

We invite you to read on, for another exciting chapter of Detective Zink, the Eliot Ness of Florida.

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

Not Charlie: Pope Francis Declares That There Must Be “Limits” To Free Speech In Criticizing Religion

120px-Pope_Francis_in_March_2013_(cropped)707192-une-charlie-png.jpgAs many on this blog know, I am a great fan of Pope Francis who has brought an inspiring leadership to the Church that has drawn millions back to the faith. Given that admiration, I was disheartened to read the Pope’s comment on free speech today. I ran a column last weekend on how world leaders are failing over themselves to “Stand With Charlie” after the massacre of editors and staff at Charlie Hebdo magazine. However, the West has been rolling back on free speech rights, including some of these very leaders. Pope Francis added his view this week to those insisting that free speech must have limits when it comes to insulting people about their religion. It is a disappointing observation, particularly when coupled with a rather poor analogy.

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