There is an interesting case out of Texas where Candice Anderson is suing General Motors over its defective ignition switches. Anderson, however, has more than the usual damages. She is a convicted felon in the death of her fiancé, Mikale Erickson, in November 2004 when she lost control of her 2004 Saturn Ion in Canton, Texas. While she was not drunk or on drugs, the police could not find a reason for the crash so prosecutors charged her with manslaughter. To avoid a longer sentence, she pleaded guilty and was sentenced to five years probation as a felon. Later, however, she learned that her case was on GM’s list of accidents caused by their defective cars – no one bothered to tell her.
Category: Society
We have been discussing the case of Sarah Jones, former Cincinnati Bengals cheerleader who sued a gossip site, TheDirty.com, after comments appeared from third parties that said that she had sex with half of the football team’s players and had contracted sexually transmitted diseases. (Strangely, the site did not argue that the statement was facially implausible and thus not defamatory since it did not appear in 2010 that anyone could catch anything from the Bengals). Jones, a high school teacher, won a rare $338,000 libel verdict against the site for third party postings. However, the United States for the Third Circuit has reversed the verdict and found that the site is protected under under the Communications Decency Act (CDA) of 1996.
Continue reading “Give me a C – D – A: Sixth Circuit Tosses Cheerleader’s Defamation Lawsuit”
The Supreme Court has handed down a unanimous decision in Susan B. Anthony List v. Driehaus. This is an important case for the free speech community. It involved poorly written Ohio laws that SBA prohibit the use of false statements in campaign advertisements. It allows politicians to harass public interest groups and force them into costly administrative litigation. The case was brought by the pro-life organization, the Susan B. Anthony List (“SBA List”). Associate Justice Clarence Thomas wrote the opinion for the Court in finding that SBA had sufficient injury to bring the challenge, another victory this term for standing this term after years of disastrous rollbacks by the Court that have barred groups from the courts. The SBA case was one of those considered by my Supreme Court class and once again the class got the prediction right and also mirrored the Court on the merits. We voted 8-2 to reverse the Sixth Circuit. We then voted 9-1 in predicting a reversal.
We have been discussing the disconnect between the parties and the voters this year. The voters have made clear that they (1) detest the ruling elite and (2) want real change. The two parties controlling our duopoly have thus far responded with the Democrats virtually pre-nominating Hillary Clinton (with Joe Biden as a contender and the Republican leaders pushing for Jeb Bush. The process of reinvention has begun. Clinton has been a fascinating case study. Recently, she came out and said that her Iraq War vote was a “mistake” but that she has learned the truth over the years (despite refusing to listen to many who opposed the war at the time). Now, she is claiming the same gradual realization that gays and lesbians deserve equal rights in marriage. Usually in Washington media, politicians are allowed to make a spin, refuse to answer a question, that the media simply meekly fades away. As shown in the video below, however, this time Clinton was facing NPR icon Terry Gross who persisted in trying to unravel what she viewed as spin. While unfailingly polite, Gross kept returning to question of why Clinton for so many years did not support same-sex marriage. Eventually, Hillary expressed discomfort if not anger at the continued questioning. Putting aside the merits, most of us were shocked for another reason. There was a reporter who actually refused to let a politician duck and spin in an interview. It was like seeing a Phoenix rise in Washington journalism.
Happy Father’s Day to all on the Turley Blog. I am spending a quiet day with the family (my Sunday morning dawn hike on Billy Goat trail was cut short by a barrier put up by the Park Service due to flooding).
Continue reading “HAPPY FATHER’S DAY”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Weekend contributor
This is a personal story that I need to share with you. For many years before I became a Dad, Fathers Day always gave me mixed emotions. Growing up without knowing my Father always made me uncomfortable on this special day. While I always considered that my Mother did a masterful job handling being both a Mother and a Father to me and my siblings, there was still something missing. My Dad would have turned 93 this past week and his birthday went by with only a few Facebook posts and comments from my siblings and relatives. I am sure that my Mother was thinking about him on that day, but when I was young, Fathers Day was not a holiday in our house.
My Dad was born in 1921 and was one of 11 children born to Alex and Min Rafferty. He grew up in Northern Lake County, Illinois and his father and my Grandfather, ran a moving and storage business that kept the entire family busy. My Dad was named Lawrence, but was called Sonny by his Mother and Father and his siblings because he was born after a few girls in a row so my Grandfather was happy to have another Son. I was never able to personally wish him a Happy Fathers Day because he was killed in the Service in March of 1951, just a few short weeks before I was born. However, in the last several years I have thought about him often and written about him and his life, but I still have never wished him a Happy Fathers Day. Continue reading “Happy Fathers Day Sonny”
By Darren Smith, Weekend Contributor
We reported last week of the City of Wenatchee prohibiting state licensed marijuana retailers and as a result a future retailer filed a civil suit against the city in Superior Court. It appears now the city council is trying to reverse its earlier position.
On Thursday of this week, the council held a public meeting after an executive council possibly discussing legal issues the city might face. During the public portion a majority of council members voted to direct the city attorney to draft an amendment to the ordinance that would omit a clause in the business licensing ordinance requiring businesses be compliant with federal law to be permitted to operate in the city.
One can probably surmise what instigated the city to have a change of heart, but the American Civil Liberties Union stated recently they would join the plaintiff’s case and were prepared to take the matter to the U.S. Supreme court.
By Darren Smith, Weekend Contributor
This blog has discussed several examples of the criminalization of activities in the United States that would be considered by many to be either civil in nature or based upon manners or simple transgressions. Selling certain types of hot dogs could actually, according to state law, be considered not only violations of the Consumer Protection Act, but also Gross Misdemeanors.
Washington enacted the Sale of Kosher Food Products Act of 1985 which prohibits the use of the words “Kosher” or “Kosher Style” in selling foods that are not kosher according to state definition. A possible example of this could allegedly involve a national restaurant chain, Five Guys, which has franchises in several locations in Washington State. In Washington something as ordinary as serving a Kosher Style hot dog could be considered a crime.
The United States is mulling further intervention in Iraq as government forces flee Al Qaeda-linked insurgents and the country appears teetering on chaos. While the Administration is not ready to commit boots on the grounds, we may be moving toward a further influx of hundreds of millions or billions in military aid and even air strikes. As ISIS insurgents are seizing U.S. weaponry, the U.S. has already started to flood the country a new massive shipment of new free weapons.
Continue reading “Once Again Into The Breach: U.S. Shipping More Weapons and Preparing More Military Aid To Iraq”
Today, will be the only “Friday the 13th” of the year — a day that many believe is fraught with bad luck and bad omens. But where does the fear of Friday the 13th come from? LiveScience has various possibilities though it does not mention my favorites involving the Templar Knights.
Continue reading “Friday The 13th: The Creepiest Day of the Year Has An Uncertain Origin”
Most prisoners would be delighted when they are told that they are going to an “open prison” and it appears that the Ford Open Prison in England has lived up to its name. Ninety inmates from the prison in West Sussex, including a murderer Robert Donovan, who reportedly escaped four years ago. Other escapes include inmates like Michael “Skull Cracker” Wheatley, who had 23 previous convictions for robbery, two for attempted robbery and 18 for related firearms offenses.
Small cheese makers are outraged over a new agency order from Food and Drug Administration (FDA) that has hit the industry like a thunderbolt. Monica Metz, Branch Chief of the FDA’s Center for Food Safety and Applied Nutrition’s Dairy and Egg Branch, issued an order that appears to end the centuries old practice of aging cheese on wooden boards. Banning the use of wood would threaten the American artisan cheese industry and could even bar some of the most prized imported cheeses. Worse yet, small cheese makers say that the new rule favors large manufacturers like Leprino and Kraft and Metz happens to be a former Leprino employee. [Update: The FDA appears to be backing off Metz’s statement and now denies that there is a new policy.]
We have previously discussed the move in some states to jail parents of truant children. It is part of the criminalization of America where pet peeves of politicians are ramped up to criminal offenses to make a point. Now, Eileen DiNino, 55, of Reading, Pennsylvania has died while serving one of these ridiculous sentences. The mother of seven died in jail after serving half of her 48-hour sentence.
We previously discussed Hillary Clinton’s claim that she and Bill understand economic hardship because they were “dead broke” after leaving the White House. The claim has been widely ridiculed after it was shown that within one year, not only were legal fees paid off by supporters but the Clintons amassed nearly $12 million. What is most striking however with the coverage of this statement and the problems in Clinton’s book is, again, the lack of much neutral coverage in the media which has become robotically programmed along liberal and conservative lines.
Hamza Ali Ben Ali just may be the most obnoxious and least intelligent arrestee this week on our blog. He is set to be sentenced after he taunted police in a dangerous high-speed motorcycle race and then posted the video on YouTube. His lawyer would later insist that the police could not prove it was Ali. However, he was wearing an electronic bracelet with a GPS after a prior conviction and pending deportation proceedings. The police were able to match the GPS locations with the video to convict the Algerian citizen. UPDATE: The sentence is in. He received four years in prison for his stunt.