Category: Media

Constitutional Law, Free Speech, Media, Politics, Society

Spain Arrests Five Activists For Burning Picture Of King Felipe VI

felipe_prince_of_asturiaslarge-spain-flagWe have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here) and England ( here and here and here and here and here and here and here and here and here and here). Much of this trend is tied to the expansion of hate speech and non-discrimination laws. We have seen comedians targeted with such court orders under this expanding and worrisome trend. (here and here). Even politicians have been charged under the ever-widening standard of criminalized speech. Now Spain has made clear that it is committed to the same trend of curtailing free speech. In a moment worthy of Franco, Spanish police arrested five Catalan independence activists for allegedly burning photos of King Felipe VI.  Much like arrests in Russia, destroying or disrespecting the image of the national leader is all that is required in Spain.

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Bizarre, International, Media, Military, Politics

Bolton: Russian Hacking May Be “False Flag”

John_R._Bolton200px-CIA.svgOne of the most controversial potential nominees for President-Elect Donald Trump just got more controversial. John Bolton, the former U.S. ambassador to the United Nations, has been listed as the possible second in command at State. He previously served as ambassador under a recess appointment because he was heavily opposed by Democrats and some career State Department officials. He can now likely add intelligence officials to his opposition. In an extraordinary interview on Fox News, Bolton dismissed the CIA report finding Russian interference with the election and hacking of emails. Instead, he suggested that the entire controversy could be a “false flag,” or a false story planted by parties in the United States. That would sound like the American intelligence community and specifically the CIA to many. (The FBI was widely criticized by the Clinton supporters for its own alleged influencing of the campaign). It is an entirely unsupported and rather unhinged suggestion, particularly from someone being considered for a high office. It could make an already hot potential nomination into a positively radioactive one.

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Criminal law, Media, Military

Army Reopens Investigation After Special Forces Major Admits In Interview That He Killed Unarmed Suspect in Afghanistan

maj_mathew_golsteyn_silver_starThere is an interesting criminal investigation that seems to fulfill the Washington DC adage “One week on the cover of Time, next week doing time.” The point is that sometimes press is not a good thing. That would seem the case of Special Forces Maj. Matthew Golsteyn who went on Fox News for an interview. In the course of the interview, Golsteyn appears to admit to murdering a suspect in his custody in Afghanistan. Army investigators also watch television and immediately reopened the investigation into the death of the accused Taliban bombmaker.

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Bizarre, Media, Politics, Society

Did The Clinton Campaign Try To Sack Mika Brzezinski?

220px-mika_brzezinskiIt seemed that during the campaign the media could not spend enough time on Donald Trump’s attacks on the media. I thought it was well-earned criticism and I was shocked by Trump’s lashing out at the media. This included accounts from various people who claimed that there were call made to intimidate them. However, Mika Brzezinski has now claimed that not did the Clinton campaign try to pull her off the air but that the brass at MSNBC knew about it and said nothing publicly.

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

Conservative Dutch Politician Geert Wilders Convicted For Hate Speech

We have previously discussed the increasing criminalization of speech. Dutch far-right politician Geert Wilders has been the focused of another of these past cases, which I have criticized as undermining free speech values. Now Wilders has been convicted of hate speech and inciting racial discrimination for espousing his far right views. One does not have to agree with Wilders — and many vehemently condemn his views — to see the implications of the criminalization of speech in Europe.

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Bizarre, Media, Politics, Society

Washington Post Issues Correction To “Fake News” Story

220px-Washington_Post_buildingThe Washington Post has been under fire for its publication of an article entitling “Russian propaganda effort helped spread ‘fake news’ during election, experts say.” The article by Craig Timberg relied on a controversial website called PropOrNot, which published what is little more than a black list of website that the authors deemed purveyors of fake news including some of the largest sites on the Internet like Drudge Report. However, the previously unknown group was itself criticized for listing “allies” that proved false. Yesterday, Hillary Clinton ramped up the call for action against “fake news” which she described as an epidemic. Now the Washington Post has published a rather cryptic correction to the fake news story. The controversy is the subject of my latest column in USA Today.

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Bizarre, Environment, Media, Politics, Society

Weather Channel Gives Glacial Response To Breitbart’s Climate Change Denial

screen-shot-2016-12-08-at-7-29-07-amThe Weather Channel is not where one would expect a media scrum but the venerable channel went after conservative site Breitbart with a haymaker of a video after Breitbart used one of its reporters, Kait Parker, for a story suggesting that the Earth is actually getting colder. The video is below.

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Criminal law, Media, Politics, Religion, Society

Iran Jails 12 Models For “Vice” After Merely Modeling Clothes

We have yet another example of Islamic Sharia “law” after an Iranian court eight female modes and four male models to jail for simply modeling clothes. Declaring such standard pictures as unIslamic and “vice,” the models were sentenced to periods ranging from one year to six years.

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Constitutional Law, Criminal law, International, Media, Politics, Religion

Pakistani Man Murders Wife In “Honor Killing” . . . 15 Years After Killing His First Wife For The Same Reason

We have been following the honor killings around the world where women are beaten and killed for attempting to marry for love or seek education in traditional Muslim countries. The latest murderer is Rahim Dad who can claim to have killed not just one but two wives for “honor.” Dad slit his wife’s throat in Bara Qabristan, Pakistan after an argument.
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Congress, Constitutional Law, Media, Politics, Society

A Bill Comes Due For Democrats: The Use of the “Nuclear Option” Will Now Curtail The Powers Of The Democrats In The Senate

gen_james_n_mattisIn 2010, I (and others) criticized the Democratic leadership (including then Majority Leader Harry Reid and many of the continuing Democratic senators) for their use of the “nuclear option” in curtailing the power of the filibuster. I was equally critical of Republican leaders who previously suggested such a course of action. It was remarkably short-sighted and, like so many moves during this period, impulsive. The Democrats acted with little concern that they might ever be in the minority and need this critical power. They muscled through the Affordable Care Act on a marginal vote that cost various members their seats and passed a highly flawed bill that was plagued by problems of bad drafting and poor planning. Moreover, they secured relatively few confirmations to federal office. Now, however, the bill will come due for the Democrats as they long for the minority rights that they so blithely threw away. The first such cost will likely occur in the waiver that will be given to Gen. James N. Mattis who has not satisfied the requisite seven years to pass since retirement in order to become Secretary of Defense.
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Bizarre, Constitutional Law, Criminal law, International, Media, Politics, Religion

Saudi Woman Goes Out In Public Without Islamic Veil . . . Critics Demands Her Execution

nintchdbpict0002862353491-e1480673820788The medieval Islamic system enforced in Saudi Arabia is on display this week after Malak Al Shehri decided to do what most women around the world do without a second’s thought: she went out into public without covering herself up with a veil or hijab. Malak then posted herself on a public street. The result has been volcanic with some supporting her courage but many others calling for her to be beheaded or “thrown to the dogs.” It is a reminder of the plight of women in the Kingdom and other Islamic countries imposing Sharia law.

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Academia, Free Speech, International, Media, Politics, Society

Cardiff and Tufts Universities: Two Divergent Paths On Free Speech

unknownunknown-3We recently discussed the courageous stand of the University of Chicago in favor of free speech (a position followed by schools like Purdue). We can now add the Cardiff University in Wales as a school standing with free speech principles over demands for censorship and “safe zones”. Conversely, student leaders at Tufts University unanimously voted against a measure protecting free speech by addressing the vague and fluid terms used to curtail free speech.

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Constitutional Law, Criminal law, Media, Politics, Society

Trump Calls For Punishing Those Who Burn The American Flag

495px-Donald_Trump_by_Gage_SkidmoreDonald Trump has set off a new controversy with a signature early morning tweet. Trump lashed out at those who burn American flags and said that they should be punished for their actions. The problem is that this question was already answered by the Supreme Court, which found that such acts (while despicable) are constitutionally protected under the First Amendment to the United States Constitution.

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Bizarre, Media, Politics, Society, Torts

Reporter Resigns After Receiving Threats Over Investigative Story

heidi-hemmat-two-youtubeThere is an interesting case out of Denver where Heidi Hemmat at KDVR Fox 31 has resigned after death threats tied to her investigation of a local business. The threat however was not made to her directly but reported by the psychiatrist treating the owner. It appears to be a direct application of the ruling in Tarasoff v. Regents of the University of California, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976), requiring doctors to disclose threats made by patients to their potential victims.

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Academia, Bizarre, Media, Politics, Society

GW Student Groups Denounce Campus Security Protection As “Act of Violence”

150px-GWUlogoGeorge Washington (where I teach at the law school) has become the focus of national attention due to a letter sent out by a collection of student groups that declared the security supplied by campus police to be an “act of violence” because police are viewed as supporting President-elect Donald Trump. It is an absurd and insulting position — part of a tirade by the groups calling for everything from providing sanctuary to undocumented immigrants to breaking down patriarchy, Islamophobia, and a myriad of other social ills.  The deep sense of community and societal concerns reflected in the letter is a good thing and something that this university has always fostered.  However, the gratuitous slap at our campus police is neither productive nor warranted.

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