Category: Society

Academia, Free Speech, Lawyering, Society

The “Chip” People

By Mark Esposito, Guest Blogger

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Wonderful Gene Wilder With A Grammatically Correct Meme

When I was a young lawyer twenty-five years ago or so, I remember a particularly enlightening client meeting. A 30ish woman had scheduled an appointment to discuss a sexual harassment case against a prominent lawyer in town. Being the new guy at the firm but with some considerable jury trial experience even then, I was asked to sit in while our senior partner met with the client. The client arrived and began a convincing narrative about a sexually charged work place replete with provocative innuendo, being subjected to daily dirty jokes, some pass-by groping in the hallway and even arriving at the office in the morning with an open Penthouse magazine on her desk. Despite complaints to the other partners with nothing of substance being done, she claimed, the client had taken all she could and resigned citing this treatment as the reason. Since the claimed harassment involved a superior and a text-book hostile work environment seemed evident, we were seriously considering taking the case despite what we knew would be a no-holds barred defense.

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Bizarre, Constitutional Law, Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics, Society

Edward Snowden And The Public Interest Defense: Part 3 – Limiting the Role of The “Public” In The Public Interest Defense

By Mark Esposito, Guest Blogger

This is the third of a multi-part article on the Public Interest Defense and its application to the the Edward Snowden situation. The defense is not recognized in America but other nations have considered this legal mechanism to provide an appropriate way to deflect criminal charges from whistleblowers like Snowden. Part 1 can be found here and  Part 2 can be found here.

snowdenWe found in parts 1 & 2 that the absolute right to a public plebiscite on punishment for political crimes goes back centuries to at least the time of Publius Horatius. We also saw that rulers have used this right to manipulate outcomes to further their own interests in deflecting blame or attacking political opponents. In modern times, the jury has replaced the assembled citizenry but the motivation of rulers to limit or channel the ancient right to their own ends remains. Even in America where the defense doesn’t technically exist but where its cousin, whistleblower protections, do, the urge to rein in messengers of truth remains.

The Public Interest Defense Abroad

Imagine the most influential prosecutor in modern America uttering the following words about the public’s right to understand the secret inner workings of  its government:

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Academia, Criminal law, Free Speech, Media, Politics, Society

North Carolina Professor Under Fire For Disclosing Athletes Who Can Barely Read Or Write

image011326px-University_of_North_Carolina_Tarheels_Interlocking_NC_logo.svgWe have repeatedly discussed the corrosive effect on schools with large sports programs. This influence can be seen in lower academic standards to ethical violations to actual shielding of criminal conduct. Despite such scandals, the blind support for popular football and basketball programs continues with excessive salaries for coaches and the continued use of students for this profitable and popular non-curricular function. Professor Mary Willingham is feeling the full brunt of that distortive and often unhinged support for sport programs. She committed the sin of publishing a study showing lower standards for athletes in money-making teams for the university. The reaction was an array of threats against her life and a university that has disavowed her research after first denying knowing of research that it once supported. The university has now gone into radio silence — adding to the appearance of yet another institution unwilling to address such problems.

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Constitutional Law, Criminal law, Free Speech, International, Politics, Society

English Man Sentenced For Wearing KKK Outfit And Supporting “Notorious Figures”

A man who admitted posting online footage of himself dressed in a Ku Klux Klan costume to stir article-2535947-1A7D7C8800000578-641_634x428article-2535947-1A7EF30C00000578-119_306x423The widening divide between the United States and England over free speech was captured vividly in the case this case of Christopher Philips who was sent to jail for conduct that would have been viewed as hateful but protected in the United States. Philips was charged with appearing in three YouTube videos dressed as a klansman and posing with a life-sized golliwog doll (a type of rag doll depicting a black person). He is the latest person convicted for “giving offense” in England. Indeed, he pleaded guilty because, as Judge John Warner noted, “It does not require advanced education or knowledge of history to know what you were seeking to convey might cause offense.”

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Academia, Criminal law, Free Speech, Lawyering, Media, Politics, Society

Professor Campos Responds To Professor Leiter In Controversy Involving Professor Leong

LeiterBrian

camposAs many of you have followed, there is a controversy that appears to building by the hour. Let’s start with a quick recap. There is a free speech controversy swirling around an ethics complaint in Illinois brought by University of Denver law professor Nancy Leong (below left). Leong runs a blog site called Feminist Law Professors and recently discovered the identity of an anonymous commenter who has, according to Leong, left racist and sexist comments. She says that he is a a public defender in his late 40s and she wants him punished for his comments. He posted under the name Dybbuk. Some of us criticized that complaint as ill-advised and a threat to free speech principles. Then University of Chicago Professor Brian Leiter (left) who held a poll of sorts to determine if he should reveal the name of Dybbuk. Leiter says that Professor Paul F. Campos (right) has threatened him not to reveal the identity of the poster targeting Nancy Leong with the disclosure of unspecified embarrassing information on Leiter. That is where we last left this controversy. We have now received a response from Professor Campos.

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Academia, Bizarre, Criminal law, Free Speech, Society, Torts

University of Chicago Professor Accuses Colorado Law Professor Of Threatening Him With Embarrassing Disclosures in Leong Controversy

camposLeiterBrianWe have been discussing the effort of University of Denver law professor Nancy Leong to have the Illinois bar punish an anonymous poster called “Dybbuk” who criticized her on a blog as well as other female law professors. Now, University of Chicago Professor Brian Leiter (right) has added a rather bizarre twist to this story on his blog. Professor Leiter says that Professor Paul F. Campos (left) has threatened him not to reveal the identity of the poster targeting Nancy Leong with the disclosure of unspecified embarrassing information on Leiter. [Update: Professor Campos has responded]

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Academia, Lawyering, Society

John Marshall Law Professor Sues School For Failing To Accommodate His Inability To Communicate With Students And Staff

cornwell-joelJohn Marshall Law School professor Joel Cornwell has filed a complaint against the school for its alleged failure to address his depression and Asperger’s syndrome in violation the Americans with Disabilities Act. He claims that the school ignored his requests for assistance in his communications with staff and students after outbursts tied to his disabilities. He teaches lawyering skills and other subjects at John Marshall.

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Academia, Constitutional Law, Free Speech, Media, Society

Law Professor Seeks Bar Discipline For Attorney Who Posted Anonymous Criticism Of Her Work And Other Female Professors

nancy-leong-fullbody2There is a free speech controversy swirling around an ethics complaint in Illinois brought by University of Denver law professor Nancy Leong. Leong runs a blog site called Feminist Law Professors and recently discovered the identity of an anonymous commenter who has, according to Leong, left racist and sexist comments. She says that he is a a public defender in his late 40s and she wants him punished for his comments. We have discussed the free speech rights of public employees in an earlier column and blog postings, including the right to speak on blogs and Internet sites. The actions of Leong are troubling for those of us who believe strongly in free speech values, including the right to anonymity.

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Bizarre, Criminal law, Free Speech, International, Media, Politics, Religion, Society, Uncategorized

Introducing the Cyber Burka: Iran Outlaws The Virtual Intermingling Of The Sexes

150px-muslim_woman_in_yementhumb_at_computer_silloetteThere are times when Iran and other sharia-based countries look like characters out of a Fellini film. This week, Iran’s Ayatollah Ali Khamenei issued another fatwa to Muslims that left the rest of the world chuckling. Khamenei has outlawed participation in social networks that include both men and women. He wants something akin to a Cyber Burka for women to avoid even getting as little as a tweet from a man who is not a family member. Adding to the absurdity, he used his website (which presumably has both men and women) to make the announcement.. He also has a Facebook but presumably any future “friends” will be male.

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Constitutional Law, Criminal law, Society, Torts

Family Calls N.C. Police To Home During Son’s Schizophrenic Episode . . . Police Repeatedly Taser The Boy, Pin Him On Ground, and Then Shoot Him

vidal8n-1-webThere is a troubling case out of Boiling Spring Lake, North Carolina, where a family says that police were called to assist them with their son, Keith Vidal, 18, who was having a schizophrenic episode. After tasering and holding down the boy, an officer shot and killed him. The family says that the police pointed out that he had a screwdriver but they say that the screwdriver was tiny and could not have hurt anyone and that Vidal, who was being held down by multiple officers, was only 90 pounds.

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Constitutional Law, Free Speech, Politics, Religion, Society, Uncategorized

Too Sooner For Satan? Temple Asks Oklahoma Legislature To Allow It To Add Statue To Baphomet On State Grounds

satan_statueIt is a scene that would warm the cockles of every Satanic heart. In Oklahoma, the Satanic Temple has unveiled the design for a 7-foot-tall statue of Satan that it believes would go nicely at the Oklahoma state Capitol. After all, the legislature put a Ten Commandments monument on the site in 2012. So why not the comforting image of Baphomet, a goat-headed figure with horns, wings and a long beard for children to gather around and take strength from on school visits? While it seems a tad unlikely that the Oklahoma legislature (which has a history of intermingling Christian faith with legislation) will add a Satanic element to the Capitol grounds, it forces the question of why it is permissible to depict one religion in exclusion of others.

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Academia, Bizarre, Society

Coldageddon II: After National Mockery For Canceling School On Day With 18 Degree Weather, Fairfax Orders Two Hour Delay For Wednesday

mqdefaultClearly Fairfax County School officials do not watch our scientific polling. While our polls shows (at the time of this posting) over 94 percent of readers criticizing the decision to cancel classes over cold that ranged from 8 to 18 degrees, Just as a follow up . . . I was just notified that the Fairfax County officials have ordered a two-hour delay for the morning. That is a delay ordered for a day with a projected temperature of a low of 25 and high of 32. There is no snow or icy roads.

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Academia, Bizarre, Society

Coldageddon: Washington Panics In the Face Of Eight Degree Weather

mqdefaultI know that I have previously complained about the snowphobia that grips Washington, D.C. the minute a flake descends from the clouds. I have long been mystified by the closures of schools and businesses with even a dusting of snow. Then there are the spontaneous car crashes that seem to follow immediately after a flake hits a car hood. However, nothing prepared me for today. All of the school in Fairfax are closed because it is cold. That’s right. No, snow. No freezing rain. It is eight degrees so schools are closed. That is clearly really cold. But does it require cancellation of schools? The forecast today is sunny with a high of 17 degrees. [Update: As of noon, it was sunny, 19 degrees, and rising in McLean.]

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Criminal law, International, Politics, Religion, Society

BBC: Taliban Commander Sends Eight Year Old Sister On Suicide Mission

158px-flag_of_afghanistansvgEven for people who have followed the utter depravity and hatred of Muslim militants in places like Afghanistan, the BBC report from Helmand province yesterday truly shocked the conscience.  BBC is reporting that an eight-year-old girl was found approaching a police checkpoint wearing a suicide vest.  She is thought to be the sister of a leading Taliban commander.

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