Russia has imposed a bizarre new law that bars transsexual and transgender people from obtaining driving licenses. The Russian now also ban people found to have proclivities toward fetishism, exhibitionism, pathological gambling, compulsive stealing, and voyeurism as “mental disorders” incompatible with driving.
Category: Society
Our erstwhile ally Egypt has again violated the most basic civil liberties in a criminal case involving blasphemy. An Egyptian court has sentenced student Karim al-Banna, 21, to three years in jail for announcing on Facebook that he is an atheist and for insulting Islam. His own father testified against him and denounced his son for “was embracing extremist ideas against Islam.” Of course, neither Egypt nor the father view criminalizing someone’s mere speech about religion to be an “extremist idea.”
We recently discussed the case of Heather Cook, 58, Maryland’s second-highest ranking Episcopal leader and the first female bishop. Cook was involved in an alleged fatal hit-and-run in which she hit bicyclist Tom Palermo, 41, on a sunny Saturday afternoon, and left the father of two young children dying of a head wound on the side of the road. She returned 20 minutes later. She has now been charged with drunken driving and manslaughter. This is not Cook’s first alcohol-related offense.
Below is my column in the Sunday Washington Post on the free speech implications of the massacre in Paris and what it means to “stand with Charlie.” Rather the piece explores the status of free speech in France and The murders themselves are clearly the work of Islamic extremists who need little reason to kill innocent people in their twisted view of faith. However, the victims were journalists who had struggled with rising speech limitations and regulations in France as well as other European nations. (Indeed, at least one surviving journalist expressed contempt for those who now support free speech but remained silent in the face of past efforts to shut down the magazine). We 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 targets with such court orders under this expanding and worrisome trend. (here and here).
As many on this blog know, I have a particular affection for France and its people. I was moved to see the protest spontaneously protest as thousands can out to defend liberty and French culture. It was a quintessential moment for the French. Indeed, it reminded many of us of how the French once voiced the “Rights of Man” and rallied around civil liberties at a defining moment for all of Western Civilization. We all felt victims of these attacks and most of us were moved to see our French counterparts joining together in one voice to support free speech. However, there needs to be some frank discussion of threat posed by increasing speech regulations and prosecutions. Ironically, while thousands have demonstrated against immigration as a threat to national identity, the real threat is not the immigrants themselves but the loss of national identity from these prosecutions. What is France if it is not its liberties and freedoms? France cannot simply be defined by brie and baguettes. Those who want to join Western countries must accept their core commitment to free speech as part of a social convenant not just with the government but with each other.
(The title of the piece is selected by the Post, not the author. (We usually learn of the titles when the reader does). The print version includes a title that the “threat” comes not terrorism but the French. Many may conclude that the piece somehow blames the French for these attacks which is obviously not true. Rather, with the rallies (including the huge rally today) in support of free speech, the column explores the primary cause of the erosion of free speech in France — and what can be done to restore it. Likewise, this article is not meant to suggest that any criticism of religion is no longer tolerated in France. After all, the magazine continued to publish despite efforts to prosecute the editors and journalists. Moreover, French courts have ruled in favor of free speech in some critical cases. However, while some efforts have been curtailed by the French courts, government censorship has been increasing, particularly when the challenged speech is directed at living individuals. Other restrictions are broader and the appetite for such regulation appears to be increasing. For example, a few years ago, when the government made the denial of the genocide of Armenians by Turkey a crime, the drafter of the law Senator Valerie Boyer dismissed the objections and said “That’s democracy.” Indeed, Boyer exemplified why John Adams warned that “ democracy never lasts long. It soon wastes, exhausts, and murders itself. There is never a democracy that did not commit suicide.” The clash between democracy and free speech is growing as different groups demand that others be silenced in the name of pluralism and tolerance.
Here is the column:
Continue reading “If France Wants To “Stand With Charlie Hebdo,” It Must Stand First With Free Speech”
Respectfully submitted by Lawrence E. Rafferty, (rafflaw) Weekend Contributor
In our sometimes upside down world, it can seem that the lives and secrets of our intelligence service employees and their agencies are worth more than the lives and physical and mental well-being of the countless prisoners who were tortured by the CIA . That is the same torture that was authorized and approved at the highest levels of our government.
Let’s also not forget the many instances of allegedly criminal activity by large banks and their employees that resulted in civil fines or no action at all, notwithstanding the lives that were shattered in the meantime.
Recently it was disclosed that the Department of Justice and the FBI have recommended that Gen. David Petraeus be criminally prosecuted for allegedly passing his classified CIA email account and exposing state secrets to the biographer/author he was having an affair with. This is the very same Department of Justice, along with the Obama Administration that claims it did not have enough evidence to file charges against admitted torturers and those that authorized the torture and destruction of evidence. Continue reading “An Upside Down World of Justice”
Hamburger Morgenpost was reportedly fire bombed today in Hamburg after the German newspaper that reprinted cartoons of Islamic prophet Mohammed from the French satirical paper Charlie Hebdo.
Continue reading “German Newspaper Fire Bombed After Running Cover With Charlie Hebdo Cartoons”
By Mike Appleton, Weekend Contributor
“The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect.”
-Watson v. Jones, 80 U.S. 679, 728 (1872)
In November of 1950 an Italian film directed by Roberto Rossellini entitled “L’Amore” opened in New York City with English subtitles. The film was an anthology of three stories, one of which, “The Miracle,” told the tale of an emotionally troubled peasant girl who is impregnated by a transient and believes that she is giving birth to Jesus. The film was voted best foreign language film by the New York Film Critics’ Circle. It was also condemned by the Catholic Legion of Decency as “a sacrilegious and blasphemous mockery of Christian religious truth.” Francis Cardinal Spellman, the powerful archbishop of New York, insisted that the film demonstrated a need for stronger censorship laws. Within a few months the New York Board of Regents revoked the license to show the film, a decision upheld by the New York state courts under a law permitting the banning of any film “that may fairly be deemed sacrilegious to the adherents of any religious group.”
The subsequent legal battle is instructive in considering the reaction to the horrific attacks in France over the past two days. Continue reading “Blasphemy and Freedom of Speech”
Ali Selim of the Islamic Cultural Centre of Ireland has declared publicly that he will bring legal action against any Irish newspaper or publication that runs the Charlie Hebdo or other similar cartoons featuring Muhammad. As discussed in my Sunday Washington Post column, these laws in Western countries like France have served to emboldened those like Selim in demanding that others confirm to their religious sensibilities. Despite his effort to deter others from speaking in this fashion, Selim insists without any appearance of embarrassment that he is “a great advocate of freedom of expression” . . . so long of course that it is his expression or an expression that does not offend him.
There has been considerable controversy over the allegation of a woman against Florida State quarterback Jameis Winston of sexual assault. The woman has now filed a civil suit against the university’s board of trustees for allegedly ignoring her claims of sexual harassment and discrimination by Winston in protection of its all-star quarterback. We recently discussed another case where a FSU player was engaged in what appears to be a hit-and-run but was given lenient treatment by local police and campus security.
Continue reading “Alleged Victim of Florida State Quarterback Sues University”
Another food ban has been struck down by a court. District Court Judge Stephen Wilson struck down the two-year state California state prohibition on foie gras as a violation of interstate commerce. The court issued its final decision on January 7th in Ass’n des Eleveurs de Canards et D’oies du Quebec v. Harris and found that the state law is trumped by the federal Poultry Products Inspections Act. Wilson acknowledged that there are few people in the middle of this debate: “This action for declaratory and injunctive relief touches upon a topic impacting gourmands’ stomachs and animal rights activists’ hearts: foie gras.”
Former Democratic Party head Howard Dean has caused a controversy with his remarks on Wednesday criticizing people who call the murderers in Paris “Muslim terrorists.” Dean certainly makes a strong point when he says “They’re about as Muslim as I am,” he said. “I mean, they have no respect for anybody else’s life, that’s not what the Koran says.” It is easy to forget that most Muslims are as appalled and outraged as non-Muslims by these horrific crimes. However, I do not agree that we have to adopt another verboten term. The fact is the “Muslim extremist” or “Muslim terrorist” refer to the motivation and self-identity of the killers not their adherence to the proper reading of Islam. I have used it in publication as the most accurate descriptive term for those committing these atrocities.
Continue reading “Howard Dean: Stop Referring To “Muslim Terrorists” In Describing Paris Attackers”
This truly seemed like an April Fool’s joke or hoax, but farmer Derek Gow has a problem with Nazi cows. Gow’s cows are the only herd of Nazi-engineered cows in the country. However, he found that they have a habit of trying to kill everyone around them. It appears that the cows view all pastures as part of their Lebensraum and seek to eradicate anyone who is not a “Hecker super cows.”
Continue reading “Heil Heifer: Gow’s Cows and the Nazi Bovine Menace”
The video below is one of many by a Chicago man who videotaped himself and a friend ransacking a 7-Eleven on the Gold Coast on New Year’s Day and then stealing a coffee pot. It appears part of a series of such “pranks” by rapper who goes by the name VonMar. What is astonishing is that the Chicago police has not gotten around to arrest this guy who is identified, has sites on YouTube, Vine, and Facebook despite videos like this where he and his friend act like complete thugs and torment the store owner and customers.
We previously discussed the threat of retired Harvard Law Professor Alan Dershowitz to sue Utah Law Professor and former federal judge Paul Cassell (and his co-counsel Bradley Edwards) for defamation for papers mentioning him in revelation to the sex trafficking scandal of Florida financier Jeffrey Epstein. The lawyers sought unsuccessfully to depose Dershowitz who has been accused of being one of the men who were given underaged girls to sleep with by Epstein. At the time, I wrote that Dershowitz’s statements themselves could be viewed as defamatory and actionable. It appears that Cassell and Edwards were thinking the same thing. They have now sued Dershowitz for defamation.
It was the climax of a great Lions-Cowboys game when, after the last minute win of the Cowboys, the camera showed the owner’s box as Jerry Jones was jumping up and down hugging folks. There was a familiar figure jumping up and down to get in on the hug with Jones. Like many people, however, I stopped and turned and asked “is that Chris Christie?” It turns out that there is only one Christie and he was in the box that night. How he got there is now raising ethical and legal questions.
Continue reading “Christie Jumps Into Hot Water Over Appearance At Cowboys Game”