Category: Society

Bizarre, Free Speech, Media, Society

Should Sherman Be Disciplined For Post-Game Rant?

Richard-sherman-618x400I enjoyed the game with the kids last night between the San Francisco 49ers that sent the Seattle Seahawks. That amazing game however was marred by a bizarre rave from cornerback Richard Sherman. Sherman immediately followed the win with a screaming and unhinged rant. The question is whether the Seahawks should be able to discipline Sherman for such a disgraceful performance — just after an equally disgraceful taunting of the 49ers. I would be the first to defend the free speech rights of Sherman to act like a street thug and even diss opposing players like San Francisco receiver Michael Crabtree. However, the Seahawks drew well-deserved praise on this blog for moving against thugs in the stadium in the prior game with the 49ers. How about the thugs on the field? This is not an attack on free speech by the government. The question is whether a company can discipline an employee at work for behaving like a thug. UPDATE: Sherman has been fined by the NFL for his taunting shortly before his outburst on television.

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Criminal law, Lawyering, Society

Michigan Woman Who Made False Rape Claim Is Given Five Year Sentence

article-2326336-19a6ae47000005dc-939_306x423We previously discussed the false rape allegation of Sara Ylen who fabricated a story that two men had entered her home about 80 miles from Detroit and raped her. She also lied about having cancer as a result of the rape. One man, James Grissom, served 10 years because of Ylen lies. She has now been sentenced to 5 years. What is disturbing however is that, as noted in the earlier posting, the role of prosecutors in the case was highly questionable and yet there is no indication of any discipline for those responsible for this case.

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Constitutional Law, Courts, Free Speech, Media, Politics, Society, Torts

Federal Court: Bloggers Have Same First Amendment Rights As Journalists

200px-US-CourtOfAppeals-9thCircuit-Seal.svg-Crystal Cox Blogger -There was an important decision last week in the United States Court of Appeals for the Ninth Circuit in which a panel ruled that bloggers are entitled to the same protections as journalists. The decision is in sharp contrast to the view of Senator Dianne Feinstein and Obama Administration officials who have fought against such protections for bloggers in a new federal shield law. The opinion was handed down on January 17, 2014 in Obsidian Finance Group v. Cox.

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Constitutional Law, Criminal law, Society, Torts

“A Reasonable Mistake”: California Police Ram the Car of Innocent Man And Shot Wildly Into His Car . . . Cleared Of All Charges

davidperdue175px-CA_-_Torrance_PoliceIf you recall, Torrence Police Department was responsible for a shootout with an unarmed innocent man during their search for ex-LAPD officer Christopher Dorner. Surfer David Perdue only survived due to the poor marksmanship of Torrence Brian McGee. The district attorney now cleared that officers and said that they were just in a state of “panic” with a cop-killer on the loose. Of course, I thought officers were trained not to panic, but more importantly, I fail to see any reference to the termination of the officers or even discipline for the attack on Dorner. The coverage does mention that the district attorney cleared the officers without even interviewing the victim or his passenger.

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Congress, Criminal law, Free Speech, International, Justice, Media, Politics, Society

Did Edward Snowden Receive Help From A Foreign Government or is The U.S. Government Alleging He Did To Discredit Him?

By Darren Smith, Weekend Blogger

Congressional SealRecently, several high ranking members of the U.S. Congress have made public statements voicing proffering NSA Whistleblower Edward Snowden might have had assistance from a foreign power, namely Russia. The announcements have been contemporaneous with President Obama’s speech about the NSA and reforms he proposes. While it has not been proven decisively if Edward has or has not one has to wonder what the intentions of such announcements by Congress are and if these announcements are consistent with others who have been alleged to be acting at the behest of foreign powers and if this is more propaganda than standard counter-intelligence practices.
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Constitutional Law, Politics, Society, Torts

An Offer They Can’t Refuse: WA Legislature Introduces Bills To “Deal” With Localities Refusing To Allow Marijuana Sales

Entreating the Godfather

Submitted by Darren Smith, Guest Blogger

In another chapter in the switch of Washington State from waging a war on drugs to marijuana “regulator” the legislature has introduced a bill to punish cities or counties that ban recreational marijuana retailers and another bill rewarding them if they fall in line and allow it. Does this represent an overstepping of the ordinance making authority of local governments?

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Academia, Animals, Bizarre, Congress, Constitutional Law, Courts, Criminal law, Environment, Free Speech, International, Justice, Lawyering, Media, Military, Politics, Religion, Science, Society, Supreme Court, Torts

In Memory Of David Blair Drumm, 1948-2013

Last available picture of David from 2012
Last available picture of David from 2012
It is with the greatest personal sadness that I have to report the death of a cherished member of our blog family. David Blair Drumm passed away on December 18, 2013 in Austin, Texas. David was there at the very beginning of this blog and remained one of its staunchest supporters. Through the years, David was a rock who not only brought reasoned and calm analysis to posts but also to the management of the blog. He started as a regular commentator under the name “Nal” and I then invited him to write on the weekends. He played the role of editor as well as writer. (Indeed, I am worried about this memorial since David often caught the many typos that I would leave in early morning postings). I came to trust him absolutely in his judgment and analysis. I considered him a good friend and one of the most important influences on this blog. David wrote as a Weekend Blogger for years, sharing his insights into religion, politics, and his always popular “Find the Kitteh” contest. Our success is due in no small part to David Drumm and this blog, I hope, will remain a testament to his work and his memory. To that end, we are dedicating the entire blog today to David and his work. He was a brilliant electrical engineer, a profound writer, a passionate civil libertarian, and most importantly a fierce and loyal friend to our blogging community. Continue reading “In Memory Of David Blair Drumm, 1948-2013” →

Bizarre, Free Speech, Society

Washington State Woman Proudly Posts Weight Loss Picture . . . Facebook Removes Picture As Inappropriate In Advancing “Idealized Physical Appearances”

article-2538259-1A9A61D000000578-15_306x423We recently discussed a weight-loss advocate who was taken off Facebook for potential hate speech in criticizing a plus-sized clothing ad campaign. Now, Marilyn McKenna of Washington State says that a similar thing happened to her. McKenna posted an image to show how much weight she lost (over 100 pounds) only to have Facebook reportedly inform her that the picture was inappropriate for promoting “idealized physical appearances.”

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Constitutional Law, International, Religion, Society

Nova Scotia Human Rights Commission Reportedly Supports Martial Arts School Bar On Female Contact With Muslim Man

300px-ShihonageWe have another conflict that has arisen between non-discrimination laws and religious practices. In Canada, a woman has challenged the decision of a Halifax aikido school to protect a Muslim man from having contact with females and relieving him of the need to bow in adherence with the traditions of the martial art. Just last week, we discussed another story out of Canada where a university ordered such an accommodation for a Muslim man who did not want to have contact with female students despite the requirements of the curriculum. This decision was reportedly supported by Nova Scotia human rights commission officials. [Photo does not show any of those involved in this story]

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Constitutional Law, Criminal law, International, Politics, Religion, Society

Afghan Atheist Granted Asylum Rather Than Return To Afghanistan Due To The Denial of Basic Rights and Protections

158px-flag_of_afghanistansvgThere is an important ruling in England where an Afghan man is believed to have become the first atheist to be granted asylum based on his rejection of religion. The 23-year-old had good reason to fear that if he returned to Afghanistan, he would be persecuted. While the United States has poured hundreds of billions of dollars into the country, the government continues to reject the most basic civil liberties as well as the separation of mosque and state. The punishment is particularly likely for Muslims who reject their faith. They are considered blasphemers and apostates. What is interesting is that we continue to support Afghanistan when the abuses of that government are now viewed as a basis for asylum in England. We now have the ignobility of one ally (England) trying to protect innocent people from another ally (Afghanistan). More importantly, we still have people putting themselves at risk for a government that denies the very rights that define us as Americans in favor of a rigid religious orthodoxy.

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Criminal law, Society, Torts

New Mexico Town and County Settle Notorious Cavity Search Case For $1.8 Million

UnknownDeming_NM_sealWe previously discussed the horrific case out of New Mexico involving David Eckert. You may recall that Eckert filed a federal case against  the Hidalgo County Sheriff’s Office, police officers with the City of Deming and medical professionals at the Gila Regional Medical Center. Eckert was stopped on a minor traffic violation and accused by an officer of holding his buttocks.  What followed was a nightmare where officers and doctors subjected Eckert to outrageous abuse as they searched for drugs or contraband in his body. Before the police released him after finding no drugs, he would endure five manual penetrations; three forced defecations before witnesses; and an intrusive surgery under sedation. All of this was done without consent and without any basis other than an officer saying he looked like he was clenching his buttocks. Now he has reached a settlement with the city of Demin and the Hidalgo County for $1.6 million. He is still proceeding against the doctors and hospital.

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Society, Torts

Chicago Graduate Student Backs Up For Picture And Falls Off San Diego’s Sunset Cliff

chi-sandiego-bachman-20140113We have seen prior cases of inopportune or dangerous pictures that result in tragedy on vacations or special occasions (here and here). We now have the tragic case of Anna Bachman, 25, a Chicago graduate student studying for a master’s degree in urban planning and policy at the University of Illinois at Chicago. Bachman was killed when she lost her balance and fell from the Sunset Cliffs in San Diego.

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Academia, Courts, Lawyering, Society, Supreme Court

Oyez! Oyez!: Justice Scalia Confronts Lawyer Over Reading From Notes

220px-Antonin_Scalia,_SCOTUS_photo_portraitThere was an interesting exchange on Tuesday in the arguments in Marvin Brandt Revocable Trust v. United States. The lawyer for a land-owning trust, Steven J. Lechner of Lakewood, Colorado, had started out reading from notes when he was interrupted by Justice Antonin Scalia who asked “Counsel, you are not reading this, are you?”

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Constitutional Law, Criminal law, Society

Virginia Legislators Introduce New Anti-Sodomy Law

562832_336467456411546_1508062389_aVirginia state Sen. Thomas Garrett Jr. has introduced an anti-sodomy law to replace a prior law that was struck down in 2013 that targets sex with individuals below the age of 18. This new and improved morality law could criminalize an array of different forms of consensual relations, including oral sex. I recently wrote a column on the welcomed demise of morality codes in the United States.

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Constitutional Law, Courts, Politics, Society

Federal Judge Strikes Down Oklahoma Ban On Same-Sex Marriage

Oklahoma flagU.S. District Judge Terence Kern is under fire today from religious conservatives as an “activist judge” after he joined a growing list of federal judges striking down bans on same-sex marriage. Kern found that the state law violated the U.S. Constitution’s equal protection clause. What is most interesting is that, like the earlier Utah ruling, Kern relies heavily on last summers rulings in Windsor and Hollingsworth. While Windsor had positive language for same-sex couples, the Court actually avoided the merits of the constitutional question on equal protection in favor of leaving the matter to the states in striking down the Defense of Marriage Act (DOMA). Yet, courts are reading the ruling as a green light for broader constitutional rulings on the federal level.

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