Category: Media

International, Media, Politics

Affair of State: Hollande’s Popularity Increases In Aftermath Of Affair

220px-V.Dombrovskis_tiekas_ar_Francijas_prezidentu_(8662374471)-cropFrench President Francois Hollande, 59, appears to have finally found an initiative that resonates with the public. While 80 percent to French citizens view him as ineffective and his massive taxation policies have led to both companies and citizens fleeing the country, his polarity has taken small uptick with revelations of his affair with actress Julie Gayet, 41. The affair reportedly sent his long-standing partner Valerie Trierweiler, 49, into a hospital. It certainly captures a difference between U.S. and French politics. Gary Hart was not even married but a brief dockside party with Donna Rice was enough to sink his career.

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Academia, Constitutional Law, Free Speech, Media, Politics, Religion, Society

Florida High School Student Expelled After Disclosure Of Work In Porn Industry

Robert-Marucci-TFNJ_0We have previously discussed the increasing discipline of both students and teachers for conduct outside of the schools. Now a case in Central Florida raises a significant free speech issue after a student was kicked out of his high school, Cocoa High School, for working in the porn industry. At first glance, this might appear reasonable but the problem is that Robert Marucci is 18 and therefore allowed to work in the industry. The industry itself is legal. Thus, the school has expelled a student for engaging in lawful conduct that many feel is morally repulsive.

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Bizarre, Free Speech, Media, Society

Should Sherman Be Disciplined For Post-Game Rant?

Richard-sherman-618x400I enjoyed the game with the kids last night between the San Francisco 49ers that sent the Seattle Seahawks. That amazing game however was marred by a bizarre rave from cornerback Richard Sherman. Sherman immediately followed the win with a screaming and unhinged rant. The question is whether the Seahawks should be able to discipline Sherman for such a disgraceful performance — just after an equally disgraceful taunting of the 49ers. I would be the first to defend the free speech rights of Sherman to act like a street thug and even diss opposing players like San Francisco receiver Michael Crabtree. However, the Seahawks drew well-deserved praise on this blog for moving against thugs in the stadium in the prior game with the 49ers. How about the thugs on the field? This is not an attack on free speech by the government. The question is whether a company can discipline an employee at work for behaving like a thug. UPDATE: Sherman has been fined by the NFL for his taunting shortly before his outburst on television.

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Constitutional Law, Courts, Free Speech, Media, Politics, Society, Torts

Federal Court: Bloggers Have Same First Amendment Rights As Journalists

200px-US-CourtOfAppeals-9thCircuit-Seal.svg-Crystal Cox Blogger -There was an important decision last week in the United States Court of Appeals for the Ninth Circuit in which a panel ruled that bloggers are entitled to the same protections as journalists. The decision is in sharp contrast to the view of Senator Dianne Feinstein and Obama Administration officials who have fought against such protections for bloggers in a new federal shield law. The opinion was handed down on January 17, 2014 in Obsidian Finance Group v. Cox.

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Congress, Criminal law, Free Speech, International, Justice, Media, Politics, Society

Did Edward Snowden Receive Help From A Foreign Government or is The U.S. Government Alleging He Did To Discredit Him?

By Darren Smith, Weekend Blogger

Congressional SealRecently, several high ranking members of the U.S. Congress have made public statements voicing proffering NSA Whistleblower Edward Snowden might have had assistance from a foreign power, namely Russia. The announcements have been contemporaneous with President Obama’s speech about the NSA and reforms he proposes. While it has not been proven decisively if Edward has or has not one has to wonder what the intentions of such announcements by Congress are and if these announcements are consistent with others who have been alleged to be acting at the behest of foreign powers and if this is more propaganda than standard counter-intelligence practices.
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Congress, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Uncategorized

War on the Poor

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By Lawrence E. Rafferty, (rafflaw) Weekend Blogger

We have all heard of the so-called War on Drugs and the recently maligned War on Poverty, but I submit that the real war we should be worried about is the War on the Poor of this country.  The War on Drugs has not done much to stop the use of illegal drugs and the recent legalization of the sale of marijuana in Colorado may be a small step in the direction of ending the War on Drugs which has only succeeded in jailing thousands on minor drug offenses.  The African-American community has been especially hard hit by this failed attempt to end the use of illegal substances.

However, the War on the Poor is in full swing and seems to be succeeding.  One only has to look at the Farm Bill which is set to cut the SNAP program by anywhere between the $4 Billion in the Senate version and the $40 Billion in the House version.  At a time when this same Congress is refusing to extend unemployment compensation, they are attempting a monumental double whammy by cutting the ability of the needy to survive by cutting Food Stamps.  Continue reading “War on the Poor” →

Academia, Animals, Bizarre, Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Religion, Science, Society, Supreme Court, Torts

In Memory Of David Blair Drumm, 1948-2013

Last available picture of David from 2012
Last available picture of David from 2012
It is with the greatest personal sadness that I have to report the death of a cherished member of our blog family. David Blair Drumm passed away on December 18, 2013 in Austin, Texas. David was there at the very beginning of this blog and remained one of its staunchest supporters. Through the years, David was a rock who not only brought reasoned and calm analysis to posts but also to the management of the blog. He started as a regular commentator under the name “Nal” and I then invited him to write on the weekends. He played the role of editor as well as writer. (Indeed, I am worried about this memorial since David often caught the many typos that I would leave in early morning postings). I came to trust him absolutely in his judgment and analysis. I considered him a good friend and one of the most important influences on this blog. David wrote as a Weekend Blogger for years, sharing his insights into religion, politics, and his always popular “Find the Kitteh” contest. Our success is due in no small part to David Drumm and this blog, I hope, will remain a testament to his work and his memory. To that end, we are dedicating the entire blog today to David and his work. He was a brilliant electrical engineer, a profound writer, a passionate civil libertarian, and most importantly a fierce and loyal friend to our blogging community. Continue reading “In Memory Of David Blair Drumm, 1948-2013” →

Constitutional Law, Courts, International, Media, Politics

Obama Declares “Reforms” While Dismissing Influence Of Snowden on NSA

President_Barack_ObamaNSA logo smallI just listened to the NSA speech by President Obama and as expected there is precious little in terms of real change. For civil libertarians, it is a nothing burger served hot and with a sympathetic smile. It is much of the same. Another review board composed of government officials. Another promise for the Executive Branch to review itself. I am in Salt Lake City today on the Sister Wives case, but I am struck by the absence of civil libertarians on the coverage by the networks. I will have to run to court but I was underwhelmed. It seemed like another attempt to reinvent privacy in a new surveillance friendly image.

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Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Politics

Whistlebowers Past and Present

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

In recent weeks and months, we have all heard and read the many articles and stories about the whistleblower Edward Snowden and his disclosure of enormous amounts of NSA “secrets”.  His disclosures have exposed what the NSA was really doing, which is spying on practically every American’s metadata online and on the phone.  His disclosures have also put on display what happens to a “whistleblower” in this day and age.  He has been forced to flee his home country and is currently living in exile in Russia.

Just what were his crimes that made him fear for his safety and raised doubts as to whether he would ever be given a fair trial for his alleged disclosures of secret material and programs?  He did what any good American should do and that is expose illegal or immoral governmental activities and allow the American public to decide whether its government is acting legally and fairly. Didn’t he?

You may think his disclosures were an unprecedented example of a citizen uncovering and disclosing government programs designed to, at best, skirt the line of legality by spying on Americans, but you would be wrong. Continue reading “Whistlebowers Past and Present” →

Environment, Media, Science, Society

Bayou Corne Sinkhole: An Update on the Louisiana Enviornmental Disaster

Submitted by Charlton Stanley, Guest Blogger

LA Dept of Natural ResourcesI wrote about the Bayou Corne sinkhole in Assumption Parish, Louisiana last September.  This update is to fill our readers in on the latest developments in this ongoing environmental—and human—disaster. Residents have moved away from the area since this monster was discovered on August 3, 2012. At that time it was relatively small, but the 350 people living closest to it were evacuated. At that time, no one knew how big it would grow, but based on the Lake Peigneur experience, the Assumption Parish authorities were taking no chances. From what I am told, the local people did not have to be told twice to leave. They left, because they knew what happened at Lake Peigneur in 1980. Their homes near the sinkhole stand vacant. Those families are environmental refugees. So far, 45 of the 65 families who live there have agreed to sell their properties to Texas Brine.

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Free Speech, International, Media, Politics

U.S. Citizen Released From U.A.E Prison After Conviction For Posting Satire Online

By Darren Smith, Guest Blogger

Emblem of UAEShezanne Cassim of Woodbury, MN returned home from the United Arab Emirates after spending nine months in prison in Dubai for posting a documentary-style video, titled “Ultimate Combat System: The Deadly Satwa Gs,” which is set in the Satwa district of Dubai. It opens with text saying the video is fictional and is not intended to offend. The video pokes fun at Dubai youth who style themselves like “gangstas” and shows fictional “combat” training that includes throwing a sandal and using a mobile phone to call for help. Authorities evidently took great exception to this expression, arrested Cassim and later placed him into a maximum security prison. The arrest took place in April of 2013 and it was months before he and several co-defendants were informed of the charges. A state controlled newspaper stated he was accused of defaming the country’s image abroad. Cassim’s supporters stated he was eventually convicted of violating a 2012 Cybercrimes law prohibiting challenging of authorities.
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Bizarre, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society

Edward Snowden And The Public Interest Defense: Part 3 – Limiting the Role of The “Public” In The Public Interest Defense

By Mark Esposito, Guest Blogger

This is the third of a multi-part article on the Public Interest Defense and its application to the the Edward Snowden situation. The defense is not recognized in America but other nations have considered this legal mechanism to provide an appropriate way to deflect criminal charges from whistleblowers like Snowden. Part 1 can be found here and  Part 2 can be found here.

snowdenWe found in parts 1 & 2 that the absolute right to a public plebiscite on punishment for political crimes goes back centuries to at least the time of Publius Horatius. We also saw that rulers have used this right to manipulate outcomes to further their own interests in deflecting blame or attacking political opponents. In modern times, the jury has replaced the assembled citizenry but the motivation of rulers to limit or channel the ancient right to their own ends remains. Even in America where the defense doesn’t technically exist but where its cousin, whistleblower protections, do, the urge to rein in messengers of truth remains.

The Public Interest Defense Abroad

Imagine the most influential prosecutor in modern America uttering the following words about the public’s right to understand the secret inner workings of  its government:

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Academia, Criminal law, Free Speech, Media, Politics, Society

North Carolina Professor Under Fire For Disclosing Athletes Who Can Barely Read Or Write

image011326px-University_of_North_Carolina_Tarheels_Interlocking_NC_logo.svgWe have repeatedly discussed the corrosive effect on schools with large sports programs. This influence can be seen in lower academic standards to ethical violations to actual shielding of criminal conduct. Despite such scandals, the blind support for popular football and basketball programs continues with excessive salaries for coaches and the continued use of students for this profitable and popular non-curricular function. Professor Mary Willingham is feeling the full brunt of that distortive and often unhinged support for sport programs. She committed the sin of publishing a study showing lower standards for athletes in money-making teams for the university. The reaction was an array of threats against her life and a university that has disavowed her research after first denying knowing of research that it once supported. The university has now gone into radio silence — adding to the appearance of yet another institution unwilling to address such problems.

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Academia, Criminal law, Free Speech, Lawyering, Media, Politics, Society

Professor Campos Responds To Professor Leiter In Controversy Involving Professor Leong

LeiterBrian

camposAs many of you have followed, there is a controversy that appears to building by the hour. Let’s start with a quick recap. There is a free speech controversy swirling around an ethics complaint in Illinois brought by University of Denver law professor Nancy Leong (below left). Leong runs a blog site called Feminist Law Professors and recently discovered the identity of an anonymous commenter who has, according to Leong, left racist and sexist comments. She says that he is a a public defender in his late 40s and she wants him punished for his comments. He posted under the name Dybbuk. Some of us criticized that complaint as ill-advised and a threat to free speech principles. Then University of Chicago Professor Brian Leiter (left) who held a poll of sorts to determine if he should reveal the name of Dybbuk. Leiter says that Professor Paul F. Campos (right) has threatened him not to reveal the identity of the poster targeting Nancy Leong with the disclosure of unspecified embarrassing information on Leiter. That is where we last left this controversy. We have now received a response from Professor Campos.

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