Courts, Society

Sacked: Second Circuit Reinstates Brady Suspension

Today a federal court reinstated the four regular season game suspension for New England Patriot quarterback Tom Brady in the “Deflategate” scandal. The decision of the lower court to strike down the suspension was in my view facially wrong at the time so this decision is not much of a surprise. The key to the suspension — Brady destroying his phone — was ample support for such a suspension and was never fully explained by the quarterback.

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

Turkey Arrests Western Journalist For Criticizing Erdoğan

220px-EbruUmar220px-Recep_Tayyip_ErdoganOur close ally in Turkey this week is continuing his comprehensive attack on free speech and free exercise. A Dutch journalist, Ebru Umar, a well-known atheist and feminist journalist, is the latest victim of the crackdown by Turkish president, Recep Tayyip Erdoğan. Erdoğan was recently given a boost to his scorched earth campaign by Chancellor Angela Merkel’s decision to first apologize to him for a comedian making fun of him in Germany but also approved a prosecution of the comedian . As Merkel abandoned any semblance of free speech in Germany to appease Erdoğan, the authoritarian leader set out to punish Western journalists in his own country who dared to criticize him. Umar recently wrote a piece critical of Erdoğan for the Dutch daily Metro, extracts of which she then tweeted. Her last tweet chillingly said “Police at the door. No joke.”

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

Saudi Arabia Sentences Civil Libertarian To Nine Years In Prison In Terrorism Court

The Saudi Association for Civil and Political Rights is a respected organization established by intellectuals who seek to protect human rights in the Kingdom and the creation of both democratic and legal institutions that guarantee such rights. Not surprising, the Saudi government has treated such ideas as terroristic threats and has jailed many of its members. The latest is one of the founders Issa al-Hamid who was convicted of inciting people to breach public order, insulting the judiciary, defaming the kingdom’s senior religious clerics and establishing an unlicensed organization. Our close ally in the Middle East has once again shown how it stands in direct opposition to the most basic rights of free speech and free exercise. Rather than actually move its laws and government out of the Middle Ages, the Kingdom has hired a variety of top firms, including leading establishment figures like Tony Podesta, to improve its reputation with the American public (particularly with the expected release of the long withheld 9-11 reports pages that reportedly implicate Saudi officials in the attack.

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Free Speech, International, Politics, Religion

Bangladesh Professor Reportedly Hacked to Death By Islamic Extremists

A._F._M._Rezaul_Karim_SiddiqueWe have another murder of an intellectual in Bangladesh by suspected Islamic extremists. The Latest and seventh victim was English professor Rezaul Karim Siddique, 58, was hacked from behind with machetes as he walked to the bus station from his home in the country’s northwestern city of Rajshahi. These cowards often use machetes and jump writers on public streets to murder them in the name of religion.

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Bizarre, Criminal law, International, Media

Saudi Family Therapist Explains The Islamically Correct Method Of Wife Beating

dmvidpics-2016-04-23-at-16-41-00At times Saudi Arabia and its medieval Sharia system seems a bad parody of itself. That is the case with this video of a leading Saudi family therapist inexplicably sitting on a chair in the middle of the forest discussing calmly the Islamically correct way of beating your wife. What is even more unnerving is this guy, Khaled Al-Saqaby, is not only viewed as sane and learned but is probably viewed as a moderate on the subject.

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Free Speech, Society

History of Rock & Roll In 100 Riffs

By Darren Smith, Weekend Contributor

stratocaster-red-hotFor something different from the news, here is a history of Rock & Roll in 100 riffs.

This repertoire played by accomplished guitarist Alex Chadwick begins with
Mr. Sandman by Chet Atkins and concludes with Cruel  by St. Vincent.

In addition to presenting a tribute toward the changing techniques and styles of pop guitar music, I found it good at predicting which generation the listener belongs based upon where their interest begins and where it wanes. So from the silent generation to millennials, enjoy!
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Bizarre, Criminal law, Free Speech, Politics, Religion, Society

Tehran Announces Creation Of Undercover “Morality Police” Force

By Darren Smith, Weekend Contributor

125px-Flag_of_Iran.svgTehran Iran’s police chief, Hossein Sajedinia announced and defended a controversial decision to form a seven thousand strong undercover police service charged with enforcing morality codes and, reportedly, assisting regular police forces with criminal matters.

Domestic and international civil libertarians project an Orwellian abuse about to unfold in that a largely unseen monitoring system will encompass the Iranian capital and generate the continual worry of being arrested for ordinary acts the government deems objectionable.

I suspect that if the powers to be view this program to be successful, other municipalities throughout the Islamic Republic of Iran will soon follow, further repressing whatever freedom currently remains in their country.
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Constitutional Law, Free Speech, International, Media, Politics, Society

German Chancellor Merkel Continues To Lose Credibility On Free Speech Issues

By Darren Smith, Weekend Contributor

Angela MerkelGerman Chancellor Angela Merkel keeps digging herself deeper with her latest statement regarding her government’s prosecution of satirist Jan Böhmermann at the behest of Turkish President. Now, the chancellor expresses her regrets for offering support to President Erdoğan at the expense of her countryman, claiming it was a “mistake”.
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Bizarre, Constitutional Law, Society, Torts

A Case of A Slur or Slander? Whole Foods Countersues Texas Pastor Who Claimed Store Wrote Anti-Gay Slur On Cake

imrs.phpThere is a rather bizarre case out of Texas where Whole Foods was sued by Pastor Jordan Brown of Austin’s Church of Open Doors. Brown said he ordered a cake from Whole Foods meant to read “Love Wins” — a slogan associated with the movement to legalize same-sex marriage — but the store instead wrote “Love Wins. Fag.” The very notion of Whole Foods, an iconic brand for liberals, producing an anti-gay cake is news in itself. Indeed, Whole Food was initially apologetic and shocked by the news. That soon turned to a more confrontational and angry reaction after the store reviewed the security tape. The store has countersued and suggested that Brown added the offensive language.

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Bizarre, Criminal law

Michigan Court Rules That Man Cannot Be Charged With Driving Drunk In His Own Driveway

drunken-drivewayjpg-a941a762d14dde2dThe Michigan Court of Appeals has handed down an interesting ruling this week that a man arrested for driving drunk in his own driveway cannot be pros in favor of a man who was charged with operating a vehicle while intoxicated . . . in his own driveway. In a 2-1 opinion, the court ruled that Gina Robert Rea’s driving 25 feet in this driveway did not constitute “operating his vehicle in an area generally accessible to motor vehicles.”

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Bizarre, Criminal law

Wisconsin Man Swerves Car Into Fresh Concrete And Then Things Got Even Worse . . .

635968546569224602-Car3There are bad days and then there are days like this. A 43-year-old Wisconsin man first ran his car right into fresh cement in swerving around another car. That is bad. What is worse is when police get you out only to discover that you have an outstanding warrant.

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Constitutional Law, Free Speech, Media, Politics

Public Health Expert in Georgia Sues Over Job Termination Allegedly Due To His Sermons As A Lay Minister

Unknown-1We have been discussing the increasing monitoring and punishment of public employees for statements made during their personal time, including speech normally protected as free speech. The latest example of this trend is Dr. Eric Walsh, a public health expert who also serves as a lay minister. Walsh was fired for sermons on issues ranging from homosexuality to evolution. He has now filled a lawsuit and could prove important in exploring the protection for public employees with regard to political and religious speech outside of work. There remains an uncertain line as to the right of public employees to engage in free speech outside of work that may be offensive or insulting to particular groups or faiths. As a general rule, free speech demands bright-line rules to avoid the chilling effects that come with such uncertainty.

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Congress, Constitutional Law, Courts, Criminal law, Free Speech, International, Media

The United States Ranked 41st Among Nations In Press Freedom

President_Barack_ObamaFor civil libertarians, the administration of President Barack Obama fallen well short of the great expectations from his first election. Indeed, despite his high polling numbers with liberals, President Obama has left one of the worst records of modern presidents in areas like privacy, press freedom, transparency, and unilateral executive action. The antagonistic position of the Obama Administration with the media was evident in this year’s ranking by Reporters Without Borders. The U.S. is ranked 41 out of 180 countries in term of the “level of freedom of information in 180 countries.”

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Academia, Bizarre, Criminal law, International

Oxford Con: English Woman Defrauds Parents Of £250,000 To Support A Nonexistent Oxford Education

1950There are Oxford dons and then there are Oxford cons. Nicola Boardman, 34, was the latter after bilking her parents of more than £250,000 by convincing them she was a student at Oxford University. She continued to hit them up for money for research and travel that prosecutors allege was used for drugs, holidays and a secret wedding. Adding insult to injury, her parents, Frank and Marilyn, were not even invited to the wedding.

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Academia, Congress

George Washington Appears After Turley Testimony

IMG_4018I am not sure how my testimony went over with the Senators, but I am claiming the support of one familiar face. I found George waiting for me outside of the Dirksen Senate Office Building after the hearing. As a GW professor, this can only be viewed as a good omen. He no doubt wanted to remind the Congress that GW (as opposed to that other local institution) is the only school that was founded on a charter paid for by our first president. George made no comment on the Administrative State but his appearance (in my view) spoke volumes. Sure, Bernie Sanders has that bird that landed on the podium, but I had the ultimate Founding Father appear after testifying on the need to remain faithful to their original constitutional design.

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