The California state assembly has passed a new law that will be prohibit the selling or displaying items with an image of the Confederate flag. We have previously discussed the disciplining of students and others over the display of this flag as protected speech. In the same way, this bill raises serious constitutional questions and could trigger a court fight.
Continue reading “California Assembly Moves To Ban Sale Or Display Of Confederate Flag”
There is an important case pending before the United States Court of Appeals for the Sixth Circuit on liability over Internet speech for blogs and websites. The court heard arguments in Jones v. Dirty World Entertainment, where gossip blog, The Dirty, is appealing the decision of U.S. District Judge William Bertelsman that the site is liable of defamatory statements by third parties and cannot claim immunity under the Communications Decency Act, 47 U.S.C. § 230. The site was sued by Sarah Jones, an ex-Bengals cheerleader and a former high school teacher in northern Kentucky, who was libeled on the site by commentators.
By Darren Smith, Weekend Contributor
Three al-Jazeera reporters were in court for a hearing in Cairo, Egypt where a judge wished them a Happy World Press Freedom Day before denying them bail and remanding them for further proceedings beginning May 15th.
The defendants, al-Jazeera English’s Cairo Bureau Chief Mohamed Fahmy, Reporter Peter Greste, and Producer Baher Mohamed have been incarcerated since December and are accused of creating false news, slandering Egypt’s reputation, and aiding terrorists. Prosecutors have been attempting to show that al-Jazeera is aiding the banned organization the Muslim Brotherhood, which is considered an enemy of the state.
By Darren Smith, Weekend Contributor
In honour of World Press Freedom Day, we bring to you la Maison des Journalistes (MDJ), a French non-profit organization that offers shelter and support to journalists forced to flee their home countries. The MDJ was founded in 2002, and has since housed more than 250 journalists from 54 different countries. Maison des journalists offers courageous journalists a temporary home and the help they need to rebuild their lives.
The first role of the organization is to recognize individual journalists and the sacrifices they have made in the name of press freedom and human rights. It works to ensure that they are not forgotten or left to their own devices upon arrival in a foreign country, whose language many of our residents do not speak. Men and women come to the Maison des Journalistes during a particularly difficult time in their lives and many are dealing with serious physical and psychological scars.
Continue reading “La Maison Des Journalistes: A French Refuge For Exiled Journalists”
By Darren Smith, Weekend Contributor
In honor of the day first proclaimed by the United Nations General Assembly in 1993 at the recommendation of UNESCO, and to garner attention to how press freedom fares twenty years later, Deutsche Welle has compiled a series highlighting the issues journalists and the public generally are facing.
For many civil libertarians, the American political system appears caught in a vicious loop. While Americans are demanding change and hold both parties at record lows, the party elite have changed nothing. (Indeed, a new poll shows the Democrats at a new low and now in danger of losing not just the White House but Congress). The leading candidate for the Democrats is Hillary Clinton (who has also been shown to have low numbers in recent polls). The Republicans are pushing another Bush. For many libertarians and civil libertarians, Clinton is a non-starter. She supported the wars under Bush as well as the Libyan intervention under Obama. She is the very face of the Democratic establishment for many. That image was reinforced last week at the University of Connecticut, when Clinton discussed Edward Snowden and expressed utter confusion why he would ever do what he did.
We have been discussing the Court’s ruling in the Michigan affirmative action case, Schuette v. BAMN. This included a recent column in CNN with two of my George Washington law students. This Sunday, civil rights attorney Shanta Driver went on Fox News Sunday to denounce the decision as “racist” and presumably anyone supporting the result. The comments caused quite a stir and highlights the continuing difficulty in discussing such issues — and the fear of some that they will be labeled racists if they support a color-blind admissions process.
While the government continues to arrest those who protest its policies, Iran has been faced with a novel form of protest by citizens who are shaving their heads in solidarity with prisoners being killed and brutalized in the nation’s prison complex. These include political detainees at the infamous Evin Prison who were shown on a recent video being beaten by Revolutionary Guards. At the center of the controversy is Gholam Hossein Esmaili, a true fanatic who went on television to deny all such allegations, say that his guards have been uniformly “polite” to detainees, and that the videotape is a conspiracy of the West to overthrow the government. While most countries would investigate him for possible criminal acts and certainly fire him for abuse, the Islamic Republic promoted him to head Tehran Province’s courts. That’s right, the mullahs felt that he was perfect to be put into the court system. In the meantime, the government shut down the Ebtekar Newspaper , which reported on aspects of the controversy. By the way, Evin Prison (left) under the reign of Mohammad Reza Shah Pahlavi held a reported 1,500 detainees. Under Iran’s Islamic government, it hold a reportedly 15,000. While it holds conventional prisoners, it holds so many dissident intellectuals and professors that it is now nicknamed “Evin University.”
By Darren Smith, Weekend Contributor
BBC News is reporting legislation is now going into effect that would expand the authority of secret police agencies and offer further immunities to its agents while at the same time proscribing punishments of up to ten years imprisonment for journalists who publish what the government considers secret information.
Opponents to Prime Minister Recep Erdogan charge that the measures were enacted to boost his authority and power and to facilitate his will to stifle evidence of his various acts of corruption.
The new law extends the ability of secret service agents to conduct foreign operations, tap phone conversations and to access data held by private and public institutions
Kemal Kilicdaroglu, leader of the main opposition Republican People’s Party, has said the law has effectively turned Turkey into an “intelligence state”.
Continue reading “New Law In Turkey Expands Surveillance State And Cracks Down On Journalists”
Submitted by Elaine Magliaro, Weekend Contributor
Cliven Bundy, the Nevada rancher and scofflaw, was hailed by some people as a folk hero and patriot recently when he—and his followers–engaged in a standoff with the Bureau of Land Management (BLM). Caty Enders (Esquire) described the scene in Bunkerville, Nevada, as pundits and politicians descended on the Bundy camp last week “to throw in their American flag hats with the BLM protestors.” She said that a FOX News van had been parked by the side of the road for days—and that “militia snipers kept a trained watch” up on a ridge “as Bundy held court.” She added that disciples of Bundy came from far and wide “to share their personal theories as to why the government was enforcing a court order.”
Bundy has had a number of advocates who have spoken in support of his militant stance against the BLM. Those advocates included some prominent politicians and members of the media. Sean Hannity was one of Bundy’s biggest boosters and helped to make him into a folk hero. Hannity talked with Bundy on a number of occasions on his Fox News show. Joan Walsh (Salon) asked a pertinent question about Bundy on Friday: “How does a guy who declared early on ‘I don’t recognize the United States government as even existing’ become a folk hero in the first place?” She said that both Hannity and Fox News should have realized that the Nevada rancher was “too toxic” prior to his “ongoing self-exposure as a racist.” She added that the extremism of Bundy’s statement about the US government “should have been warning enough that Bundy was not only crazy but dangerous…”
Enders posed a question that was in the same vein as Walsh’s: “Exactly how difficult was it, though, to determine pretty early on that Bundy and his followers were using the threat of force to back up some terrifyingly misguided beliefs?” Enders provided some insight into the thinking and beliefs of Bundy and disciples of his with whom she talked.
Continue reading “God’s Messenger Cliven Bundy, His Wacko Disciples, and Uncivil Disobedience”
By Mark Esposito, Weekend Contributor
Author’s Note: Grace Under Pressure is an ongoing series of posts honoring everyday people who courageously make positive differences in their own lives and consequently in the lives of others. It is my own personal affirmation that unexpected heroes live among us and that their service is quiet but unshakable proof that virtue really is its own reward – and ours, too.
A Pittsburgh area teen thought he was doing the right thing to end his bullying but his audio recording of the abuse only resulted in criminal charges for wiretapping. Sophomore Christian Stanfield had endured a miserable school year at the hands of two classmates who tripped, shoved and even attempted to burn the 15-year-old with a cigarette lighter. Pleas for help to his teacher went unheeded for the teenager who suffers from comprehension delay disorder ( a brain disorder involving slower processing speed for information than is normal) ADHD, and an anxiety disorder. So last month Christian decided to get the proof he needed to make school officials listen. Sitting in his math class, he activated his Ipad as his tormentors launched another verbal fusillade. “”They were talking about pulling his pants down, and some things I can’t repeat, and laughing and cutting up like it was a big joke, it was not a joke, not at all funny,” said Christian’s mother, Shea Love, who heard the recording at her kitchen table that afternoon.
Continue reading “Grace Under Pressure: Bullied Teen Christian Stanfield Fights Back”
By Darren Smith, Weekend Contributor
We previously discussed a disturbing report of a family pet shot by Rains County Sheriff’s Deputy Jerrod Dooley, HERE. The incident stemmed when homeowner Cole Middleton arrived home about 11:00 AM and discovered his residence had been burglarized and several items, including all his firearms were stolen. Several hours later, while Cole was working in a field harvesting grass, Deputy Dooley arrived. The deputy then claimed he was threatened by Cole Middleton’s cow dog Candy when she darted out from a pickup truck and was shot. Despite being begged by Cole to put down Candy to end her suffering, Deputy Dooley instead calls for help and pulls back in his patrol car to wait for “backup”. Cole, having no firearms to perform a coup de grâce, suffered the terror of having to drown Candy in a bucket to end it for her.
Newly released dash cam video capturing much of the incident shows Deputy Dooley arriving at the residence and pulling behind a pickup truck. Candy is lying down in the bed of the truck and when the patrol vehicle pulls up she stands and begins barking with tail wagging. Candy continues to bark and then jumps out of the bed and is subsequently shot by Deputy Dooley. Shortly thereafter, Cole walks up and Deputy Dooley informs him that he had to shoot his dog. Cole is understandably distressed yet the deputy calls for backup saying he needs “help” and is shown backing out of the driveway.
Sheriff David Traylor fired Deputy Dooley and later stated to a KLTV reporter that it was for Dooley’s safety because of numerous threats made against him and the department. He added that it is the safest move for the department and the deputy.
Continue reading “Sheriff Fires Texas Deputy Who Shot Dog During Burglary Call”
We have recently discussed attacks on lawyers for simply doing their jobs in representing accused individuals. It is truly vile and McCarthyist trend that seeks to punish professional working within our criminal justice system. It is particularly offensive therefore when a large, presumably respectable organization unleashed such an attack. However, that is precisely what the Republican Governors Association has done in the attack ad below against State Senator Vincent Sheheen (left) who is being opposed because he represented people accused of crimes. To its credit, the South Carolina Bar Association has stepped forward to denounce the ad as containing “uncivil, misleading political rhetoric.” It is a shameful and shocking ad that attacks the very notion of due process guaranteed by our Constitution. The ad is designed to help Gov. Nikki Haley in her reelection campaign.
Below is yesterday’s column on CNN.com on the ruling in the Michigan affirmative action case, which we discussed earlier this week. I was asked to write a response to the decision and jumped at the opportunity to feature a couple of the GW “justices” from my Constitution and the Supreme Court seminar. The class meets in the Spring Term and reviews one case a week from the docket of the Supreme Court for that term. We read and discuss a selection of briefs filed in each case and the lower court opinion. The “justices” then rule on the merits, explaining their own take on the underlying legal issues and the role of the Court in the controversy. We then take a separate vote to predict what that “other” Supreme Court will do. Over the years, I have found that the students are remarkably accurate in their predictions, far more accurate than most commentators. Indeed, I have often found the opinions of the GW Court to be superior to its more famous counterpart on Capitol Hill. At the end of the term, each student writes a majority opinion and either a dissenting opinion or concurring opinion. They can choose any case from the current term. Of course, public commentary following the release of a decision might raise some questions of judicial ethics, we can at least claim to have been more circumspect than some of the members of that “other” Court. So here is the column from CNN and thank you Justices Yvette Butler and Vincent Cirilli.
Continue reading “The Michigan Affirmative Action Case: Two [GW] Justices Face Off On CNN”
As part of our series of the perils of the press, I had to post this golden example of how sometimes it is just better to walk off camera than to try an escape.
Continue reading “Perils of the Press: Tech Tries To Evade The Camera . . . Unsuccessfully”