One of the least discussed aspect of the killing of cop-killer Micah Xavier Johnson is that it appears to be the first police killing via a robot. Rather than risk officers in a further fire fight, the police used an explosive ordnance disposal robot to carrying a small amount of C4 explosive into the room and detonate the C4 on an extension next to Johnson. The robotic killing raises some interesting questions under Tennessee v. Garner.
Continue reading “The Rise Of The Machines: Killing of Cop Killer Johnson May Be The First Lethal Use of Robot”
Category: Society
Cleveland Browns running back Isaiah Crowell, 23, is under fire for a grotesque image posted on Instagram showing a man dressed in all black slitting the throat of a police officer. It is a disgusting image that few of us would have even contemplated showing to another person, let alone posting on social media. Yet, Crowell posted the image with a statement “Mood: They give polices all types of weapons and they continuously choose to kill us…(hashtag)Weak” After an immediate outcry, Crowell removed the image and insisted issued a long statement that sounded like it was the product of a room of panicked NFL and Browns lawyers. The question is now the response of the NFL to the posting. Update: Notably, the first black Miss Alabama was suspended on Tuesday for calling Micah Johnson a “martyr” for killing the five police officers.
Warning the image below is graphic and disturbing.
I wanted to wish everyone as wonderful and safe Fourth of July. This holiday has particular meaning for many of us as we fight those who wish to destroy liberty and to terrorize people into submission. However, it is also a holiday to remember dangers closer to home from those who would deny free speech and due process from colleges to Congress.
By Darren Smith, Weekend Contributor
We wish you a festive and joyful Independence Day and pose a question to you. Does the use of fireworks constitute protected free speech? We revisit this issue from a previous article of last year.
A tradition spanning multiple generations in the United States is that a large portion of our society celebrates and shows tribute to the United States through the lighting and observance of fireworks. Yet numerous municipalities and counties impose sweeping and total bans of fireworks. Some statutes regulate the type of firework allowable, such as those having a ferocity that safety requires certified technicians. Others ban benign devices such as snakes and small fountains.
But does a complete ban on fireworks regardless of size constitute an infringement on the first amendment rights of citizens?
Continue reading “Does Lighting Fireworks Constitute Free Speech?”
By Darren Smith, Weekend Contributor
In a significant move toward a possible future change to United Methodist Church’s doctrine and discipline, the Pacific Northwest Conference’s 2016 Annual Conference voted for non-conformity to the Book of Discipline’s mandates proscribing gay marriage, gay ministers, and the disbursement of funds toward gay causes. In effect, the measure declares that the PNW Conference will not participate in any judicial or disciplinary actions against those who violate these laws enumerated within the Book of Discipline. This represents a strong departure from doctrine.
The subject of homosexuality has in the United Methodist Church traditionally brought decades of internal conflict within the Church from parishioners, clergy, bishops, and the various conferences; especially since the choices in the row have been polar in nature–either the status quo or to completely allow acceptance of homosexuality. The non-conformity action might finally offer a middle ground for the Church Community to move closer to that of society and of the secular laws.
There could be an interesting constitutional case brewing in the Big Easy. As some know on the blog, I spent a few years in Louisiana and lived in New Orleans while teaching at Tulane Law School. The city has changed a bit after Katrina, but some of the biggest changes are social. The French Quarter always had a certain raunchy edge with strip clubs and seedy bars. Now, it is packed with tee-shirt shops and . . . tee shirt shops. Politicians have taken particular effort in cracking down on strip clubs and a new measure would likely cut the current 23 clubs to 7. That raises a serious question of the disparate treatment given adult entertainment business, a subject that we have previously discussed.
Continue reading “New Orleans Moves to Slash the Number of Strip Clubs”
There is another arrest in the United Kingdom for criminal speech, a crime that is on the rise in the West to censor and punish those who are deemed hateful or insulting in their views. The latest arrestee is reported to be Matthew Doyle, 46, a partner at a London PR agency. He was arrested after tweeting about how he asked a Muslim woman to “explain” the terror attacks in Brussels. It was a stupid and insulting act, in my view. Moreover, Doyle reportedly used some slur for Muslims in later postings. However, none of that justifies criminalizing speech and the arrest shows the increasing appetite in England (and the West) for rolling back on free speech. Indeed, we recently discussed the Obama Administration’s threats of prosecution for those who speak in ways deemed misleading or hateful.
Continue reading “Englishman Arrested For Posting Anti-Islamic Tweets After Brussels Bombing”
The gay community was rocked by the recent beating of a gay man and popular YouTuber, Calum McSwiggan, 26. McSwiggan has now been charged with making a false police report after investigators concluded that he was not attacked and caused the injuries to himself. In a case reminiscent of the recent hoax by a gay minister, McSwiggan went to social media and created a firestorm over his alleged victimization.
Judges often have to deal with hard cases, including some who literally have nothing to lose in disrupting a courtroom. Most judges will have such defendants removed, but Floyd County Superior Court Judge Bryant Durham in Rome, Georgia appeared to be intent on trying to out crazy the craziest guy in the room. In this case, the guy was Denver Allen and he unleashed a tirade at Durham who proceeded to join him in trashing talking. This led ultimately to Judge Durham daring Allen to masturbate in his courtroom. It should also lead to Durham’s discipline and likely removal for conduct that violates the basic tenets of judicial ethics.
Recently, Pope Francis called on the church to apologize to gays and others for years of poor or abusive treatment. It was a signature moment for this Pope who has reached out to marginalized groups and rejected many of the long-entrenched positions and habits (and excesses) of the Vatican. However, his words were given an interesting spin by Catholic League President Bill Donohue, who had a remarkably heated exchange with CNN’s Chris Cuomo and refused to apologize to gays. The video is below.
Continue reading “Catholic League President Rejects Pope’s Call To Apologize To Gays”
Conservative columnist and icon George Will has left the Republican Party in light of the presumptive nomination of Donald Trump and his announcement triggered another juvenile response from Trump on Twitter — followed by a reply from Will that may be one of the best put downs that I have read in years.
It has happened to us all. You quickly type an email and some auto program completes the address for the wrong person or you hit “reply all” by mistake. Indeed, most attorneys have had such misfires in case, but few have had to deal with the embarrassment of Defense attorney Bob Hinton in the high-profile case. Hinton sent an Associated Press reporter an email intended for the legal team that admits that his client former Quarterback and Heisman Trophy winner Johnny Manziel is still abusing drugs and could not pass a simple urinalysis as part of any plea bargain. Since they are trying to secure such a deal, the email is devastating for any chance that Manziel had for such a deal. To make matters worse, Manziel’s own father called him a “druggie” and said that he hoped that his son would be sent to jail to save his life.
One always hopes for the best in flooding disasters, but when your house is both burning and floating down the river, it is time to move to Plan B and call the insurance company.
Continue reading “Burning Home Captured Floating Down West Virginia River”
By Darren Smith, Weekend Contributor
Ruling on statutory grounds, Skagit County, Washington Superior Court Judge Raquel Montoya-Lewis held that a public hospital offering maternity services to women must also offer abortion services. Referring patients to Planned Parenthood, the court ruled, violates state law regarding abortion services provided to patients. The suit was brought on behalf of a plaintiff patient by the American Civil Liberties Union.
The fundamental conflict in the case litigated was ostensibly due to the defendant hospital district’s position that while agreeing to offer such services, it experienced difficulty in complying due to lack of health professionals willing to perform abortions. State law does allow heath care professionals to decline to perform voluntary abortions for personal reasons.
For other public hospital districts, the ACLU served notice requesting similar compliance with state law.
It often seems that when the world is grieving some terrible tragedy, there are some religious extremists who will celebrate the loss. Stepping immediately into that role was Sacramento pastor Roger Jimenez of the California-based Verity Baptist Church who praised Omar Mateen’s murder of gays and lamented that he did not “finish” the job. It appears however that Jimenez will have to find another place to peddle his religious-based hate. Harsch Investment Properties has decided not to renew the church’s lease and wants Jimenez out by next March.
Continue reading “Sacramento Pastor Praises Omar Mateen and Says That God Will Finish The Job”