Category: Politics

Columns, Congress, Constitutional Law, Courts, Criminal law, Free Speech, Media, Politics, Society

ELONIS AND THE NEAR MISS FOR INTERNET FREE SPEECH

Supreme CourtBelow is my column today in USA Today on the decision of the Supreme Court to reject the Obama Administation’s argument for a low standard in criminalizing speech on the Internet and other forums. The Court did not have to directly deal with the free speech implications of the case since it ruled on the standard for criminalization. The Court rejected the lowest standard of a reasonable person in establishing a criminal threat. However, with the remand, the issue may come back to the Court under another effort to adopt an alternative standard of recklessness.

Continue reading “ELONIS AND THE NEAR MISS FOR INTERNET FREE SPEECH” →

Bizarre, Politics, Society

San Francisco Considers New Labeling Requirements and Advertising Bans On Sugary Drinks

sodaSeal_of_San_FranciscoIt is no secret on this blog that I am a critic of efforts to ban fatty foods and sugary drinks as with former Mayor Michael Bloomberg’s ill-considered campaign in New York. San Francisco attempted the same paternalistic legislation in imposing a tax on such drinks — only to have voters reject the measure. Undeterred, the Land Use Committee in San Francisco is considering a host of proposals to label sodas or bar advertisements. I remain opposed to such measures as punishing people for lifestyle choices. While the city would not oppose any number of life style choices, it will not tolerate citizens who disregard the city’s view of healthy living.

Continue reading “San Francisco Considers New Labeling Requirements and Advertising Bans On Sugary Drinks” →

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

SUPREME COURT RULES AGAINST ADMINISTRATION ON CRIMINALIZING INTERNET SPEECH

Supreme CourtThe Supreme Court has handed down its decision in Elonis v. United States, a case that had sweeping implications for free speech on the Internet. The Obama Administration sought to establish a low standard for criminalizing speech based on a reasonable person standard that would have gutted the requirement of scienter or intent in establishing a criminal threat. The Court adopted the narrowest basis to remand the case but it clearly rejected the lower standard sought by the Administration. In doing so, free speech dodged a bullet today and the Obama Administration came perilously close to rolling back on protections for free speech on both the Internet and social media.

Continue reading “SUPREME COURT RULES AGAINST ADMINISTRATION ON CRIMINALIZING INTERNET SPEECH” →

Bizarre, Constitutional Law, Courts, Criminal law, Politics, Society

Welcome to Painesville: Ohio Judge Orders Woman To Either Accept Jail Or Being Sprayed In Eyes With Pepper Spray

judge-01Welcome to Painesville. In this aptly named Ohio town, Painesville Municipal Court Judge Michael Cicconetti ordered Diamond Gaston, an assault suspect who pepper-sprayed someone in the face at a fast-food restaurant, that she could choose between 30 days in jail or be pepper-sprayed by her victim. Cicconetti then had the pepper-spray replaced with harmless saline spray without telling Gaston.

Continue reading “Welcome to Painesville: Ohio Judge Orders Woman To Either Accept Jail Or Being Sprayed In Eyes With Pepper Spray” →

Criminal law, International, Media, Politics, Society

Nothing But Blatter: FIFA President Issues Mocking Rebuke To Those Calling For Reform and Prosecution to End Corruption

Flag_of_FIFA.svgSepp_Blatter_Nov_2013_ZurichAs we discussed earlier, FIFA has responded to the arrests of soccer officials in its latest corruption scandal with open contempt for the public and prosecutors. Sepp Blatter, 79, was reelected as FIFA’s president for a fifth term by the world governing body’s 209 member associations. FIFA officials were still be processed as arrestees in the corruption investigation in the United States, but Blatter was reelected by a group that seems little more than made men in an international criminal organization. Now, Blatter has gone public with a mocking public rebuke of everyone who has tried to reform his organization and fight corruption.

Continue reading “Nothing But Blatter: FIFA President Issues Mocking Rebuke To Those Calling For Reform and Prosecution to End Corruption” →

Bizarre, Constitutional Law, Media, Politics, Society

Women Banned From Voting in Parts of Pakistan Under New Agreement

Pakistan flagIn parts of Pakistan, women are now banned from voting after an local politicians and religious elders came to an agreement. Obviously, they were all men in Hangu and parts of Malakand, districts of the north-western province of Khyber Pakhtunkhwa. It is all part of the Purdah traditions of the deeply conservative Islamic Pastun tribes in the area. Local mosques recently placed men with batons to beat any women who tried to vote in parliamentary elections. Now, all women are simply banned from voting.

Continue reading “Women Banned From Voting in Parts of Pakistan Under New Agreement” →

Congress, Courts, Criminal law, Free Speech, International, Justice, Lawyering, Media, Politics, Society, Uncategorized

Bankers Make a Mockery of the Law, and No One Goes to Jail

200px-Jamie_Dimon

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contibutor

It has happened again.  Several big banks have been caught with their hands in the cookie jar and are paying billions in fines for their admitted transgressions.

“On Wednesday, four large global banks — Citigroup, JPMorgan Chase, Barclays and Royal Bank of Scotland — pleaded guilty to a series of federal crimes over a scheme to manipulate the value of the world’s currencies. The Justice Department accused the banks of collusion in one of the largest and yet least regulated markets, noting that at one bank one trader remarked “the less competition the better.”

That lack of oversight, coupled with the pressure to squeeze profits from a relatively middling business, set the stage for this scandal, one that unfolded nearly every day for five years. The crimes described on Wednesday also painted the portrait of something more systemic: a Wall Street culture that enabled many big banks to break the law even after years of regulatory black marks after the crisis.” New York Times Continue reading “Bankers Make a Mockery of the Law, and No One Goes to Jail” →

Criminal law, International, Politics

Made Man: Sepp Blatter Reelected FIFA President Despite Expanding Corruption Scandal and Arrests

Flag_of_FIFA.svgSepp_Blatter_Nov_2013_ZurichIn the ultimate signal from the FIFA leadership that it cares little about corruption or public opinion or even criminal prosecution, Sepp Blatter, 79, was reelected as FIFA’s president for a fifth term by the world governing body’s 209 member associations. FIFA officials are still be processed as arrestees in the corruption investigation in the United States, but that was not a barrier to Blatter who has been accused for years of ignoring and even encouraging corruption in the organization.

Continue reading “Made Man: Sepp Blatter Reelected FIFA President Despite Expanding Corruption Scandal and Arrests” →

Congress, Criminal law, Politics

Former House Speaker Hastert Indicted

220px-Dennis_Hastert_109th_pictorial_photoThe details on the indictment of former U.S. House Speaker Dennis Hastert, 73, have remained hazy with some notable gaps in the underlying criminal enterprise alleged in the complaint. The theory is that Hastert was paying millions to a blackmailer and tried to hide the payment through “structuring” of withdrawing less than $10,000 to avoid reporting to the federal government. What is interesting however is that the underlying alleged blackmailer has not been charged. There is also the question of the subject of the earlier “misconduct” and whether it could be charged. Some offenses like child molestation can be charged many years after the fact. Hastert was indicted on two counts for charged with lying to the F.B.I. and the structuring of withdrawals, both carrying a maximum penalty of five years in prison and a $250,000 fine.

Continue reading “Former House Speaker Hastert Indicted” →

Congress, Constitutional Law, Courts, Politics, Society

FEDERAL COURT HEARS SEPARATION OF POWERS CHALLENGE

800px-Capitol_Building_Full_ViewThe hearing on the Administration’s motion to dismiss the House challenge was heard yesterday in Washington, D.C. as reported widely in the media. (Wall Street Journal, NBC, Daily Mail, Rollcall, New York Times,AP, The motion is now under advisement and the parties will wait for a decision on whether the House can be heard on the merits of this historic challenge. If the Court rules against the motion, the parties will then be able to present their arguments on the merits of the constitutional challenge. If the Court rules for the motion, the case can proceed to the United States Court of Appeals for the District of Columbia for review. (Thanks to Claire Duggan for the photographs)

Continue reading “FEDERAL COURT HEARS SEPARATION OF POWERS CHALLENGE” →

Congress, Constitutional Law, Courts, Lawyering, Politics, Society, Supreme Court

FEDERAL COURT TO HEAR HISTORIC CHALLENGE OVER SEPARATION OF POWERS

220px-Meade_and_Prettyman_CourthouseAt 10 a.m. tomorrow morning, Judge Rosemary M. Collyer of the U.S. District Court for the District of Columbia will hear argument on the motion to dismiss filed by the defendants in U.S. House of Representatives v. Burwell, et al., No. 1:14-cv-01967 (D.D.C.). The defendants are the Departments of Health and Human Services and Treasury, and the secretaries of those two executive branch agencies. The Administration is seeking to prevent the Court from reaching the merits of this historic case, which was authorized by an affirmative vote of the entire House of Representatives on July 30, 2014, and which the House filed for the purpose of protecting our constitutional structure.

Continue reading “FEDERAL COURT TO HEAR HISTORIC CHALLENGE OVER SEPARATION OF POWERS” →

International, Politics, Religion

Muslim Mob Sets Sharia Court On Fire In Nigeria After The Release of Defendant Accused Of Insulting Mohammad

190px-WLM_-_roel1943_-_KoranThere was a bizarre twist on an all-too-familiar story in Nigeria. An irate mob of Muslim protesters set a court on fire for releasing a man, Malam Abdul Nyass, after he was accused of insulting Mohammad. The crowd demanded his death. What is a bit different is that the court was actually a Sharia court imposing Islamic law and the accused was a cleric.

Continue reading “Muslim Mob Sets Sharia Court On Fire In Nigeria After The Release of Defendant Accused Of Insulting Mohammad” →

Constitutional Law, Free Speech, International, Politics, Religion, Society

Dutch Cabinet Backs Partial Burqa Ban

By Darren Smith, Weekend Contributor

170px-Burqa_Afghanistan_01The Dutch Cabinet voted to draft a bill to enforce a ban on wearing the Islamic burqa in various government buildings and institution. Citing what were described as security concerns, the government in a statement declared “Face-covering clothing will in [the] future not be accepted in education and healthcare institutions, government buildings and on public transport.”

Prime Minister Mark Rutte stated to journalists: “The bill does not have any religious background.”

Continue reading “Dutch Cabinet Backs Partial Burqa Ban” →

Constitutional Law, Free Speech, International, Politics, Religion, Society

Gay Marriage Referendum Passes In Ireland. Unresolved Issues Will Remain

By Darren Smith, Weekend Contributor

Flag_of_Ireland_svgWith all constituencies reporting, the Irish citizenry approved a constitutional amendment recognizing gay marriage: Yes 1,201,607; No 734,300.

The Constitution of Ireland permits amendment only by popular vote. A vote of the people for such amendments can provide more legitimacy and acceptance by the public and judging by the margin gay marriage will probably gain acceptance more readily. Nevertheless it does not necessarily engender full acceptance of such partnerships as over seven hundred thousand voters chose otherwise. Some institutions in Irish society will struggle to come to terms with the new direction Ireland is pursuing.

Continue reading “Gay Marriage Referendum Passes In Ireland. Unresolved Issues Will Remain” →

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

Irish Voters Abroad Returning Home To Vote On Same-Sex Marriage Referendum

By Darren Smith, Weekend Contributor

100px-Coat_of_arms_of_Ireland.svgOn Friday Irish Citizens went to the polls to vote by referendum on a constitutional amendment allowing same-sex marriage. If passed Ireland will join nineteen other nation states who have legalized such marriages and will be the first to enact the petition by popular referendum.

The topic of the referendum garnered such strong interest it is expected that a large percentage of Ireland’s 3.2 million registered voters will go to  the polls. In fact, reportedly, unexpectedly high numbers returned home at their personal expense to cast votes.

Continue reading “Irish Voters Abroad Returning Home To Vote On Same-Sex Marriage Referendum” →