Below is my column this morning in The Los Angeles Times on the increasing number of cases where teachers are punished for comments or activities in their private lives — often under nebulous disruption or moral turpitude grounds. While the recent case of a teacher moonlighting as a porn star in California raises understandable concerns for school officials, most of these cases involve either past conduct or clearly protected speech. This is part of a broader number of cases that we have been following dealing with public employees ranging from city managers to police officers to firefighters. The question is how much our public employees must confirm their political and social activities to satisfy members of the public.
Category: Politics
by Gene Howington, Guest Blogger
On Friday, a small victory was had against the ever encroaching corporatism threatening our democracy. Rep. Chris Van Hollen (D – MD) brought suit against the FEC last year. In his suit, Van Hollen charges that in 2007 the FEC created a loophole allowing undisclosed donors to contribute money for “electioneering communications” to organizations like Karl Rove’s 501(c)(4) advocacy group Crossroads GPS and to 501(c)(6) business associations like the Chamber of Commerce for the purposes of by willfully misinterpreting disclosure requirements in the Bipartisan Campaign Reform Act of 2002 (a.k.a. McCain-Feingold). “Electioneering communications” are broadcast ads that refer to a federal candidate in the period 60 days before a general election or 30 days before a primary election. These ads may call for either the election or defeat of a specific candidates.
In 2007, the FEC added a regulation that complicated the situation. The rule in question – C.F.R. Title 11 § 104.20 (c)(9) – (found at 2 U.S.C. 434(f)) – says “If the disbursements were made by a corporation or labor organization pursuant to 11 CFR 114.15, the name and address of each person who made a donation aggregating $1,000 or more to the corporation or labor organization, aggregating since the first day of the preceding calendar year, which was made for the purpose of furthering electioneering communications.” Clearly the FEC is saying that disclosure is only required if a donation is explicitly made “for the purpose of electioneering communication.” Being that few, if any, donors to these groups ever earmark their donation for a specific election expense there has been little or no disclosure of the donors to these groups.
There is a problem with that regulation though.
Submitted by: Mike Spindell, Guest Blogger
A recurring meme used in American society by leaders and politicians is that certain acts must be done to “Defend Our Freedoms”. The use of this meme has occurred repeatedly in our history as a justification for certain governmental actions, particularly in defense of war. In some cases like our Revolution, or World War II its usage has been right on point, in others like Viet Nam, Iraq and Afghanistan it’s been used as untruthful propaganda. On national and local levels the meme has also had a mixed history. It has been used to persecute radicals, as a States Rights justification of “Jim Crow” and post 9/11 to enact “security” legislation that many of us think actually diminishes freedom in the name of saving it. Continue reading “Defending Our Freedoms?”
While our troops are being gunned down by Afghan allies and the President of Afghanistan is calling Americans “demons,” the Administration remains committed to spending billions in that country and keeping U.S. troops in harm’s way. The solution? Have U.S. troops serve as “Guardian Angels” to protect other U.S. troops so our allies do not kill them while they sleep.
Last night, the police released this video showing George Zimmerman shortly after he killed an unarmed Florida teen. I discussed the legal significance of the video on Countdown last night.
Continue reading “The Immaculate Assault? Police Video Shows Zimmerman Without Obvious Injuries”
It appears that the Supreme Court justices did not hear about the results of the GW Supreme Court deliberations. Key conservative justices expressed notably skepticism about the constitutionality of the health care law. The statements of Roberts and Kennedy are particularly interesting. I will also note that the continued refusal of these justices to allow cameras into the courtroom is indefensible and insulting. The fact that millions of Americans have to wait for individuals to offer second-hand accounts is a ridiculous exercise that, I believe, would have been viewed as positively moronic by the Framers.
The great American selloff continues with cities and states selling parks, government buildings, and other sites (here and here and here and here and here) to raise money — as we continue spend billions in Iraq and Afghanistan where our allies have called us “demons” and sought to create governments that deny basic rights to citizens. Even national parks are being pushed on the chopping block. The latest such example is Baltimore which is preparing to selloff over a dozen historic sites.
Continue reading “Baltimore Moves To Sell Off Historic Sites”
This story is so bizarre that I had to check it twice to make sure it was not an early April Fool’s joke. The New York City Department of Education has barred the use of “Dinosaur” on tests to avoid upsetting people who believe creationism. Putting aside the fact that creationists do not deny that dinosaurs existed, the decision is to bar the use of a reference to an entire species because a fact might insult religious sensibilities.
Was the first day of arguments over the health care law historic . . . or just a giant practical joke? Paul Clement, representing the 26 states challenging the law, said the first day of arguments in the litigation was “a kind of practical joke that the court is playing on the public.” It would not seem the most politic comment to make when you will be seeing these nine jokers in the morning.
This week, the Supreme Court will take up its historic three-day consideration of the health care law. My Supreme Court class will be spending two weeks on the four insular issues before the Court, including the question of federalism.
The facts behind the killing of 17-year-old Trayvon Martin in Florida continue to slowly emerge. I have previously stated that I view critical facts as murky for a prosecution — even though I believe that there was sufficient evidence to arrest George Zimmerman at the scene. While we have still not seen some of the forensic evidence, a new report indicates that police may have based their initial decisions in part on the statement of a witness. We have been discussing the maddening gap in witness testimony at the critical moment of the confrontation. Now a new report suggests that there may have been a witness to the struggle and that witness reportedly told police that it was Martin who was on top of Zimmerman before the fatal shot was fired.
This foreign news segment has gone viral and frankly it is pretty embarrassing. If you wonder why other countries view us as insincere and artificial, just listen to these clips of President Obama complimenting a series of “little countries” for “punching above their weight.” It is insulting on so many levels but Obama appears entirely clueless.
-Submitted by David Drumm (Nal), Guest Blogger
In a recent op-ed, entitled The Elephant in the Room, Rick Santorum, Republican candidate for President, decided to take on evolution and claimed that “the scientific consensus becomes an ideology that trumps the pursuit of truth.” According to Santorum, the “High Priests of Darwinism” challenged his amendment that suggested there is controversy surrounding evolution
The House of Representatives has passed a controversial tort reform bill that contains serious flaws that would limit recovery of people harmed or kill by acts of malpractice. H.R. 5, the “Protecting Access to Healthcare Act” would impose a cap of $250,000 that would severely cut the damages of victims and make it far more difficult for such victims to secure contingency counsel. THe bill passed 223 to 181 with seven Democrats joining Republicans to pass the bill.
Continue reading “House Passes Tort “Reform” Measure That Would Slash Recovery By Medical Malpractice Victims”
Last night I was on Countdown discussing Florida’s “stand your ground law” and the recent shooting case of the Trayvon Martin case. We discussed yesterday’s ruling in the the case of Greyston Garcia and the dangerous ambiguity created by these laws. The second-degree murder charges against Garcia were thrown out by a Florida judge under the Stand Your Ground law despite the fact that he did not just stand his ground, but ran after a man who tried to steal his car radio and proceeded to stab the unarmed man to death.
Continue reading “Florida Court Dismisses Stabbing Case Under The “Stand Your Ground” Law”