Category: Politics

Federal Court: First Amendment Does Not Generally Protect Public Filming Of Police In Public

gavel2video cameraFederal and state courts have handed down a virtually uniform line of rulings protecting the right of citizens to film police in public. That is until the February 19th decision of U.S. District Judge Mark Kearney. Kearney was only put on the federal courts in 2014 by President Obama but has written his first major ruling in curtailing the rights of citizens under the First Amendment. Kearney used that there is no First Amendment right to film police unless they can show that they are challenging or criticizing the police conduct.

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Iranian Renews Rushdie Fatwa Calling For His Murder . . . With Iranian Journalists Offering The Bounty

While the Obama Administration has staked a great deal on moderates in the Iranian regime, it is hard to see much progress in the Islamic Republic. That was made clear this week with the news that forty state-run Iranian media outlets have jointly offered a new $600,000 bounty for the death of British Indian author Salman Rushdie. Ayatollah Khomeini, the First Supreme Leader of Iran, issued the fatwa against Rushdie on charges of blasphemy for his novel The Satanic Verses on 15 February, 1989. Ayatollah Khomeini’s successor, Ayatollah Ali Khamenei, said in 2005 in the hateful fatwa remains in full force not just against Rushdie but anyone associated with the book. The fatwa captures the continuing problem that Islamic countries have with basic free speech and free exercise rights.

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Royal Throne: Cambodia Builds A Toilet For Over $40,000 For A Thai Princess To Use For One Night . . . And Then Will Demolish It [Updated]

220px-thumbnail180px-toilet_370x580I have made no secret of my dislike for monarchies — an illogical and wasteful system of government, including the maintenance of “figure head” royal families as in England. The lunacy of such systems was brought home with the visit of Thai Princess Maha Chakri Sirindhorn to one of Cambodia’s poorest areas (where sanitation is virtually unavailable). The government will spend over $40,000 to build her a luxury toilet for one night with silver railings, tile roofing, and air conditioning. It will them be disassembled after her departure. This is taking the concept of a hereditary throne too far.

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FCC Commissioner: Restrictions On College Campuses And Twitter Show Free Speech Slipping Away

By Darren Smith, Weekend Contributor

Ajit Pai
Ajit Pai

In an interview with the Washington Examiner, FCC Chairman Ajit Pai expressed his worry of the waning of free speech rights in American. The suppression of dissenting speech on college campuses and Twitter he believes are prime examples.

“I think th[is] poses a special danger to a country that cherishes First Amendment speech, freedom of expression, even freedom of association. I think it’s dangerous, frankly, that we don’t see more often people espousing the First Amendment view that we should have a robust marketplace of ideas where everybody should be willing and able to participate.

Largely what we’re seeing, especially on college campuses, is that if my view is in the majority and I don’t agree with your view, then I have the right to shout you down, disrupt your events, or otherwise suppress your ability to get your voice heard.”

The text of the First Amendment is enshrined in our Constitution, but there are certain cultural values that undergird the amendment that are critical for its protections to have actual meaning.”

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Make Beatings “Like A Joke” But “Try Not To Make Her Ugly”: Palestinian Islamic Leader Holds Forth On Islamically Correct Wife Beatings

Screen Shot 2016-02-18 at 12.24.17 PMThere is a shocking interview circulating on the Internet that purportedly (I have no way to confirming the translation) shows the “Grand Mufti of Gaza” Hassan Al-Laham holding forth on such subjects as how to best beat your wife, including the advice not to hit them in a way that “makes the face ugly.” He also reminds women that they cannot refuse sex with their husbands under the Koran and must please him in accordance with the principles of Islam. He is also asked for guidance on such issues as whether to allow women to shop during the holidays. Of course, this discussion strikes most sane people as two raving lunatics engaging in a delusional fantasy. Yet, this is a high ranking cleric who apparently holds sway with many people. You are left with the bizarre image of people dutifully writing down such advice as “beatings — yes; but try not to make her ugly.”

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The Supreme Court Vacancy: Will President Obama Seek A Grand Slam or A Sacrifice Fly Nominee

275px-Sonia_Sotomayor_on_first_day_of_confirmation_hearingsBelow is my column in USA Today on some of the possible nominees to fill the vacancy left with the death of Associate Justice Antonin Scalia. There is a long list of potential nominees and only some are discussed in this column. One of the more interesting prospects is Jane Kelly from the Eighth Circuit who would bring badly needed trial experience to the Court and particularly a rare criminal defense background. As a threshold matter, it is worth noting that the current chaos that we are witnessing over Scalia’s replacement is the result of a long-standing flaw on the Court. As I have argued for many years, our Supreme Court is demonstrably too small and should be expanded by Congress to 19 members – roughly the size of other large nations – to avoid so much power being concentrated in so few hands. If the Court was larger, there would likely be no question that President Obama could get a nominee confirmed because there would be greater turnover on the Court and less at stake with each justice. However, as it stands, even a moderate nominee would move the center of gravity of the Court significantly to the left and would likely produce a host of sweeping changes on gun rights, abortion, affirmative action, and other areas. That is something that the Republicans have pledged to bar, at least until we know who the next president will be.
So our dysfunctionally small Court has left us in another dysfunctional standoff. However, we have some added issues due to the timing of this vacancy as discussed in the column below.

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Iranian Women Barred From International Volleyball Competition

Football_Federation_Islamic_Republic_of_IranIn a direct violation of international rules governing these sporting events, the Iranian government barred women from entry to the Beach Volleyball World Tour event on Kish Island. The FIVB had expressly required Iran to guarantee that women would be allowed to enter and watch the matches. However, the Iranians barred them anyway at the five-day competition.

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NASA Reports Hottest January On Record

earth-screensaver_largeWe have been following reports on climate change that appear to support the view that major changes are occurring around the world. This week, NASA released figures showing that, after setting records in 2015, January was was the warmest on record. In another story, Australian wine producers are faced with changing grapes due to the sharp change in climate in that country. As someone who loves Australian reds, the news hits particularly hard and captures the range of subtle and substantial changes that will have to be made in light of the worsening situation.

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Federal Magistrate Orders Apple To Help FBI Hack Its Own Phones . . . Apple Refuses

apple-logo200px-us-fbi-sealsvgApple has decided to fight an unprecedented and highly controversial order by U.S. Magistrate Judge Sheri Pym that the company has to assist the government in breaking into one of its encrypted phones. Apple says that it does not have the technology and does not want to be part of such an effort to create a privacy stripping tool for the FBI. Pym seems to believe that she can order companies to become unwilling participants in surveillance research and development. I fail to see her legal basis for such an extraordinary order against a private company.

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China Bars Celebrated Author From Traveling To U.S. To Receive Prominent Harvard Prize

220px-YangJisheng130px-Mao_Zedong_portraitChina is again showing that it remains an authoritarian government fearful of its own people learning the truths of history or politics. This week, China barred Yang Jisheng, 76, a former journalist with China’s official news agency, from traveling to the United States to accept a Harvard University prize for Tombstone, a 2008 book uncovering the devastating toll of the Great Chinese Famine of 1958-1961.

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Poland Moves To Criminalize Speech Suggesting Any Polish Responsibility For War Crimes In World War II

180px-Auschwitz_entrance.JPGKinder_KzPoland has added its name to the countries seeking to criminalize unpopular opinions or speech. In a law that attacks both free speech and historical scholarship, the Polish government is seeking to make it a crime to imply the country bears any responsibility for atrocities carried out on Polish soil by Nazi Germany. Violators who simply argue Polish complicity in war crimes could face five years in prison.

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England Moves To Bar Support For Israeli Boycott Movement

England flagWe recently discussed the highly disturbing cases of 12 protesters who called for the boycotting of Israeli products. France’s Supreme Court (the Court of Cassation) upheld the shocking prosecution of the twelve anti-Israel activists in a blow to free speech. Now, England is moving to bar local councils, public bodies and even university student unions from boycotting “unethical” companies.
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Supreme Folly: The Senate Should Consider A Nomination By President Obama And President Obama Should Forego Any Use of a Recess Appointment

Below is my column today in USA Today on the prospect of a recess appointment fight in the filling of the vacancy left on the Court by the passing of Associate Justice Antonin Scalia. The White House could well use any refusal to consider a nominee as a license to use a recess appointment while the Senate could move to stay in session to preempt such a recess appointment. In my view, the Senate should consider any nominee submitted by the President and, for his part, the President should forego any recess appointment if the nomination is not successful. Here is the opinion:

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Report: Pollution Kills 5.5 Million People Worldwide Each Year

220px-AlfedPalmersmokestacksThere is a disturbing report from the Global Burden of Disease project that more than 5.5 million people worldwide are dying prematurely every year as a result of air pollution. It is likely to be no surprise that the greatest lethality is found in China and India. Ironically, those are the countries that have opposed efforts to curtail greenhouse gases and combat climate change.

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How Does An Irish Political Party Manifesto Differ From Those In The United States?

By Darren Smith, Weekend Contributor

fine-gael-logoOne aspect of American politics I find particularly disappointing is the lack of substance inherent in political platforms of both the Republican and Democrat parties. Since most voters in the United States have only experienced the politics resident in our country, I thought in light of this year’s election it would be worthwhile to experience another point of view that is removed from our current political ideologies.

It seems unfortunate that most of what we see today are mere soundbites of half a dozen topics considered to be of utmost importance to each of the parties — seemingly only designed to inflame emotions and provide the voter with very little information which can be ambiguous at best.

I present to you a political platform from another nation, and  political perspective: the 2016 Fine Gael manifesto.
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