There is a free speech controversy swirling around an ethics complaint in Illinois brought by University of Denver law professor Nancy Leong. 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. We have discussed the free speech rights of public employees in an earlier column and blog postings, including the right to speak on blogs and Internet sites. The actions of Leong are troubling for those of us who believe strongly in free speech values, including the right to anonymity.
Category: Media

There are times when Iran and other sharia-based countries look like characters out of a Fellini film. This week, Iran’s Ayatollah Ali Khamenei issued another fatwa to Muslims that left the rest of the world chuckling. Khamenei has outlawed participation in social networks that include both men and women. He wants something akin to a Cyber Burka for women to avoid even getting as little as a tweet from a man who is not a family member. Adding to the absurdity, he used his website (which presumably has both men and women) to make the announcement.. He also has a Facebook but presumably any future “friends” will be male.
Continue reading “Introducing the Cyber Burka: Iran Outlaws The Virtual Intermingling Of The Sexes”
By Mark Esposito, Guest Blogger
This is the second 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. You can read the first installment of the series here.
The Trial of Publius Horatius

When last we met Publius Horatius, soldier of Rome, he had saved the Eternal City from disaster in an epic battle of champions and then was quite ceremoniously convicted of treason against the state for the murder of his sister thus preventing the Senate from dealing with her traitorous grief over one of the fallen foe of Rome. In a clever legal maneuver made at the secret behest of the Roman king, Tullus Hostilius, who distrusted the designs of the Senate in passing him this hot potato of a case, Publius invoked the ancient right of every Roman citizen to a provocatio ad populum — a direct appeal to the people of Rome. Readers of the Christian Bible will likely recall that Paul of Tarsus was likewise accorded this right by virtue of his Roman citizenship, though by this time Rome had moved from a republic to an empire and the appeal was made to Cæsar himself.#
Submitted By: Mike Spindell, Guest Blogger
In my first blog today I alluded to two experientially developed concepts formed in my youth that have played an overarching role in my life. I explored the first and now I will develop the second as alluded to in my title. Unlike some childhood memories there is a particular memory associated with this title of this piece that is indelibly etched in my mind. So much so that as I write this I can see the scene in my mind’s eye and in my chest feel anew the power of the emotional experience. I will relate it to you as I remember and feel it, then explain how it has had ramifications for my entire life and upon my perspective of the environment I live in. Continue reading “Don’t Hurt Little People!”
Submitted By: Mike Spindell, Guest Blogger
For the many decades now, since my childhood, there have been two underlying ideas about life that have guided me as I’ve journeyed through the years. The first is that life for all of us is at best bittersweet. This blog is about the first of these ideas and the second will be expressed in a companion piece. Continue reading “Bittersweet: Life and Loss”
By Mark Esposito, Guest Blogger
This is the first 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 2 can be found here.
The Legend of Publius Horatius

For centuries, children in ancient Rome would recount the legend of Publius Horatius, one of three Horatius brothers (known as the Horatii), who fought to defend Rome from attack by the militaristic and close-by Italian city-state of Alba Longa. Rather than engage in a pitched battle of armies for supremacy of the peninsula and subject all of Latinium (as Italy was then known) to the vulnerability of foreign attack, Rome and her rival opted to name a triumvirate of champions to fight to the death to decide the fates of two ancient megalopolises. One would emerge as the dominating power and the other would be relegated to a vassal state. The Horatii seemed the obvious choice among the Roman legionnaires as the triplet brothers were unequaled among their peers in strength and martial prowess. Swearing an oath to fight to the death, the brothers strode to the Field of Mars to battle for both the glory and survival of Rome. For her part, Alba Longa chose her own incredibly coincident set of warrior triplets known as the Curiatius brothers (or the Curiatii) who swore an equally obligating oath to “return either with their shields or on them” as a Spartan might say.
Not since John Ashcroft was beaten by a dead man, Mel Carnahan, in the Missouri Senate race has a more curious victor emerged in a competition. (Our own blog took the top News/Analysis Spot) Judge Richard Kopf of the United States District Court for the District of Nebraska was declared with winner of the “Courts” category in the ABA Journal competition of the top 100 legal blogs. The problem is that only a couple days before, after national criticism regarding his blog, Judge Kopf discontinued “Hercules and The Umpire.”
Well, the results are in and we have another distinction to crow about at the blog. We have been selected as the 2013 top News/Analysis site among the competing world blogs in the annual ABA Journal survey. The success of this blog is due entirely to our unique community around the world, which have maintained a site where the issues of our day can be discussed with passion but civility. Thanks to all of our regulars and particularly our our talented and popular weekend team of guest bloggers: Mike Appleton, David Drumm, Mark Esposito, Gene Howington, Elaine Magliaro, Larry Rafferty, Darren Smith, Mike Spindell, and Charlton Stanley. While we created and maintain this site to allow us to share our thoughts, it is always gratifying to receive such recognitions. It is always my hope that the selection will bring new people to our site to further expand the voices and views on legal, political, and sometimes just plain bizarre stories.
Continue reading “Turley Blog Selected As Top News/Analysis Blog”
Submitted by Darren Smith, Guest Blogger
The Chinese Government banned the video game Battlefield 4, developed by Electronic Arts, claiming the video game casts China in a bad light and advocates political issues which make China appear to be a warlike society.
The game play plot takes place in the year 2020 where a military coup occurs in China resulting in a geo-political intrigue that could bring the US into a protracted war. The US sends troops to Hong Kong to fight against the coup and the PLA.
The Chinese Ministry of Culture went as far as to ban all things related to the game including software, patches, and news reports. It censored the topic of the game on China’s main social media website weibo.com. On a link derived, according to ZDNet, from an official Chinese news publication, there was much worry over the video games:
Submitted By: Mike Spindell, Guest Blogger
I’ve written before about the fact that the murder of JFK in Dallas was to me the most traumatic national experience in my life and the fact that I think it changed the destiny of our country in a negative fashion. I think that for many around my age this is also true, but it is now fifty years past and the majority of Americans have no real knowledge of it. The trauma of that day and the ensuing events of history have left me with an admittedly irrational repugnance towards the city of Dallas and I feel almost a shudder when I hear of Dealey Plaza, where the murder took place. These feelings are so intense that I doubt that I will ever visit Dallas in my lifetime, much less go to Dealey Plaza. When I got my weekly E Mail from my favorite investigative journalism website WhoWhatWhy.com I took note of an article about the Sixth Floor Museum at Dealey Plaza. The article was a humorous look at the potential for Christmas gifts that might be available at the museum’s gift shop and of course provided a link to the museum’s website, which I then followed. Going to the website and perusing it caused me to muse about the ability in our country to turn even our most solemn national events into commercial enterprises, while we pretend that they provide an educational service. Continue reading “They Killed Him So Let’s Make a Buck”

In a previous column, I criticized the work of the White House Task Force on the NSA surveillance program as stacked with Obama loyalists with a majority of surveillance hawks. Later, one of the five members came out to say that the reforms were not significant and that he believes the program should be actually expanded not limited. Now, the only member without prior positions in the Administration and national security ties, University of Chicago Law School Professor Geoffrey Stone, has declared that the NSA is not a rogue agency and that Edward Snowden is a criminal.
Continue reading “Obama Task Force Member: Snowden Is A Criminal”
Incoming Utah Attorney General Sean Reyes has announced that his office intends to appeal the ruling striking down the criminalization of cohabitation in the Sister Wives case. The decision will ultimately send the case to the United States Court of Appeals for the Tenth Circuit in Denver, Colorado. However, the trial court has not yet issued a final order due to a couple outstanding issues. Once that order is issued, the Attorney General’s office will have 30 days to file a notice of appeal. In a surprising decision, the Attorney General also indicated that he will no longer have his office defend the Utah ban on same-sex marriage (struck down by Judge Robert Shelby) and possibly the cohabitation law (struck down by Judge Clark Waddoups). That will require the hiring of outside counsel and an outside firm to defend these laws as opposed to the Office of the Attorney General itself.
Continue reading “Incoming Utah Attorney General Announces That He Will Appeal Sister Wives Ruling”
Last week, I wrote about the dangers of tasks forces bearing gifts for civil libertarians and noted how Obama stacked the task force on NSA surveillance with hawks to guarantee the preservation of the program. One of those was former Acting CIA Director Michael Morell who served during the secret development and use of the program. Obviously, if he were to conclude that the program was illegal, it would have meant that he was part of the violations. Not only did the task force maintain the program was legal (in conflict with the recent ruling of a federal court), but now Morell has called not for the limitation of the program but its expansion. That is what President Obama considers a reformer in the national security field.
Continue reading “NSA Task Force Member Says Program Should Be Expanded Not Limited”
Submitted by Charlton Stanley, Guest Blogger
When the public’s right to know is threatened, and when the rights of free speech and free press are at risk, all of the other liberties we hold dear are endangered.
– Senator Christopher Dodd
Back in 2008, John Palmer ordered gifts for his wife, Jen. John ordered from KlearGear, an online retailer located in Michigan. When the merchandise did not arrive, Jen began calling, but got the runaround from KlearGear and the order was canceled. At that point,the frustrated Jen Palmer wrote an account of her negative experiences with KlearGear on the complaint site, Ripoff Report. In describing her frustration with trying to reach somebody at the company to talk to, Jen wrote, “There is absolutely no way to get in touch with a physical human being. No extensions work.”
In 2012, more than four years later, KlearGear notified the Palmers they were being “fined” $3,500 for their negative review. KlearGear warned that unless the bad review was removed from Ripoff Report, they would turn the “fine” over to a collection agency. Ripoff Report makes it clear on their web site that they do not remove negative reviews, but merchants have the opportunity to respond, with their response posted next to the original complaint.
When the unpaid $3.500 was reported as a bad debt to all the credit reporting agencies, the Palmer’s credit rating took a nose dive. They were unable to buy a furnace they needed, they could not finance a car, and were denied other credit, including buying a new home.
Submitted By: Mike Spindell, Guest Blogger
“The Hunger Games” represents a wildly popular trilogy of science fictions books aimed at first toward the Teen and young adult market, but then becoming popular with the “adult” market as well. It has become a very popular movie trilogy; the second installment was released in November, with the final film next year. A synopsis is a dystopian North America of the future and a country named “Panem”. The narrator is a 16 year old girl named Katniss Everdeen, living in District 12. Panem consists of twelve districts, rigidly controlled by a central government located “The Capital”, a city of wealth and great technological advancement. Each of the other districts are dedicated to particular industry’s and the people of each are kept at a subsistence level of life. There is little hope for the future and brutal retribution for disobeying the “The Capital’s” edicts. We are told that there had been a revolution some 70 years before that was brutally repressed and ultimately failed. As a reminder of the futility of revolution, each year there is a lavish production made for TV of a gladiatorial conflict and called “The Hunger Games.” From each of the 12 districts two young people are chosen randomly to fight to the death. Each district sends a male and a female. The ultimate winner (survivor) is gives a life of wealth, luxury and status. The “Game” is set up in such a way that each of the contestants tries to compete for the affections of those privileged to be citizens of “The Capital”. These elite citizens can spend exorbitant sums of money to send aid to the contestants of their choice to try to ensure their survival. The “Game” is further rigged by the “Gamekeeper” in ways that tend to favor some contestants, so ultimately the contests are deadly shams. Their purpose is to show the 12 districts the punishment that will be meted out should they ever again disobey “The Capital”, the futility of resistance and also to supply hope that one could survive the games to attain the benefits of a privileged citizen. Continue reading “American “Hunger Games””