The United States Secret Service has interviewed a Republican candidate for the Florida House of Representatives after he made a comment on Twitter about the need for President Obama to be tried and hanged for his crimes. It was a uniquely stupid tweet but the controversy again raises the question of the federal law making threatening language against the President a crime. For years, elementary students, journalists, and even cartoonists have found themselves being confronted by Secret Service over comments or pictures deemed threatening. The effort is chilling for the first amendment and inimical to political speech.
Category: Society
Today, the Supreme Court will consider a case that has not attracted national attention but remains in my view one of the most important of the term, a classic “sleeper” case where the legal issues have sweeping potential. The case involves Doyle Randall Paroline, who pleaded guilty in Texas in 2009 to possessing child pornography. He downloaded hundreds of images and two were found to be child pornography dedicating the abuse of Amy. After pleading guilty, Paroline was hit by $3.4 million in restitution damages for Amy even though he had no role in her victimization nine years earlier or any role in the production or distribution of the two photos. The United States Court of Appeals for the Fifth Circuit found that the federal restitution law does not require “proximate causation” — a critical limitation in torts and criminal law that ensures that liability is confined to those parties immediately responsible for injuries. I have criticized the expansion of restitution in this area for years and I spoke with NPR’s On The Media on the case.
Continue reading “Supreme Court Takes Up Major Case On The Limits Of Restitution”
We have previously discussed the increasing discipline of both students and teachers for conduct outside of the schools. Now a case in Central Florida raises a significant free speech issue after a student was kicked out of his high school, Cocoa High School, for working in the porn industry. At first glance, this might appear reasonable but the problem is that Robert Marucci is 18 and therefore allowed to work in the industry. The industry itself is legal. Thus, the school has expelled a student for engaging in lawful conduct that many feel is morally repulsive.
Continue reading “Florida High School Student Expelled After Disclosure Of Work In Porn Industry”
One can certainly understand that this photo of Dasha Zhukova in a Russian fashion site was a bit disturbing of a white model sitting on a black mannequin. However, to release it on Martin Luther King day caused more than a little stir across the Internet this week.
As parents, many of us have an ever-expanding list of things to worry about for our children. We can now add “nasal maggots.” That’s right, nasal maggots. School officials are warning parents in Rhode Island that students are snorting Smarties and the latest fad is causing allergic reactions, lung irritations, and potential maggots in the nasal cavities.
I 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.
Continue reading “Should Sherman Be Disciplined For Post-Game Rant?”
We 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.
Continue reading “Michigan Woman Who Made False Rape Claim Is Given Five Year Sentence”
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.
Continue reading “Federal Court: Bloggers Have Same First Amendment Rights As Journalists”
If 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.
By Darren Smith, Weekend Blogger
Recently, 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.
Continue reading “Did Edward Snowden Receive Help From A Foreign Government or is The U.S. Government Alleging He Did To Discredit Him?”
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?
We 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.”
We 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]
There 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.