Constitutional Law, Free Speech, Media, Politics, Supreme Court, Torts

It’s A Wonderful Libel? Trump Suggests Legal Action Against SNL For Latest Skit

I have previously criticized President Donald Trump for his calls for greater liability of the media for its coverage of the controversies surrounding his Administration.   This weekend, Trump was again suggesting the need for legal review as he was excoriated by Saturday Night Live in a skit based on the classic Christmas movie “It’s a Wonderful Life.”  Fortunately, the courts have maintained core free speech and free press protections from such assaults, particularly in the realm of comedy and parody.  

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Bizarre, Free Speech, International, Media, Politics

Putin On The Rap: Russian President Says Rap Will Not Be Banned But “Directed” By The State

For an authoritarian leader like President Vladimir Putin, this may seem like the height of liberalism.  Putin told cultural advisers  that the rising popularity of rap music will, not be banned by rather “we must lead it and direct it.”  It is not clear what Putin rap might sound like but it is clearly going to be something Stalin rather than Solzhenitsyn would dance to.  We all know what Soviet central planning did to the economy.  We can now watch the same magic of centrally planned rap music.

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Criminal law, Politics, Society

Deporter in Chief: Deportations Under Obama Still Higher Than Under Trump

For both Democrats and Republicans, the recent deportation numbers may come as something of an unpleasant surprise. It turns out the President Barack Obama deported more illegal immigrants than Trump even after two years of Trump’s controversial immigration policies.

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Bizarre, International, Religion

“Satan Is Sitting Inside Them”: Russian Orthodox Priest Under Review After Violent Baptism
Ilia Semiletov will face a church court and could be struck off after he was seen three times forcing the naked child's head in the font in Yessentuki, south west Russia

I am sorry but it really seems like Father Ilia Semiletov has some issues and it is really not a little Satanic girl. The Russian orthodox priest is under review after the shocking videotape below where he is shown violently pushing a little girl into a baptismal font to remove the Satan within her.

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Bizarre, Free Speech, International

Quebec Theater Fined In For Actor Lighting Fake Cigarette On Stage

One could imagine a number of things that might draw the attention, if not the ire, of aspiring censors in Quebec in the performance of Conversations avec mon pénis, starting with the woman dressed as a giant penis.  However, the $500 fine levied against the theater was for Marc-André Thibault sitting next to the giant penis while he smoked a fake cigarette on stage.

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Constitutional Law

Turley To Speak At Newseum On The Special Counsel Investigation

I will have the pleasure of joining an esteemed panel today in a special event held at the Newseum.  We will discussing the Special Counsel investigation and related issues from indicting a sitting president to possible impeachment proceedings.  The event is organized by the Freedom Forum Institute and the panel will also include Stuart E. Eizenstat, American diplomat and attorney (and author of the new book, “President Carter: The White House Years”) and Kenneth W. Starr, former federal judge, U.S. Solicitor General, and independent counsel for the Whitewater investigation. The moderator will be Greta Van Susteren, broadcast journalist and host of legal and political affairs programs on Fox News and MSNBC.

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Academia, Constitutional Law, Justice, Politics

California Appellate Court Slams USC For Denying Basic Due Process To Accused Student

We have yet another court ruling that a university denied the most basic due process protections to a student accused of sexual assault.  For example, the University of Southern California appeared entirely unmotivated and uninterested in determining  if stains on clothing of the victim was blood or red paint from a party where “students splattered paint on each other.”  What is astonishing is that, while spending little time to guarantee a fair process, the university has continued to litigate this case to try to protect its right to summarily convict accused students.  Claremont McKenna College and the University of California-Santa Barbara were previously cited for such due process violations.

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Bizarre, Free Speech, International, Media

British Ads Barred in 2019 From Showing Any Form Of Gender Stereotype

We have previously discussed how Great Britain has embraced the “nanny state” in regulating speech and conduct that are deemed unhealthy or inimical to good social policy.  The latest example are new rules to take effect in 2019 the will ban sexist or gender stereotypes from advertising. This includes showing men or women in gender stereotypical activities because such images are deemed to contribute to pay inequality or psychological harm.

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Constitutional Law, Courts, Criminal law, Politics

Federal Judge Orders Mueller To Turn Over Flynn Material

In a surprising move, U.S. District Judge Emmet G. Sullivan ordered Mueller late Wednesday to turn over all of the government’s documents and “memoranda” related to Flynn’s questioning. This follows a Flynn filing that described an effective trap set by agents who encouraged him not to bring a lawyer and left inconsistencies unaddressed in what has been described by critics as a “perjury trap.”  I have practiced in front of Judge Sullivan for years and he is a respected judge who has a keen eye for prosecutorial and investigative abuse.  That does not mean that he will find such abuse here and could ultimately make a finding that nothing improper occurred.  Yet, despite a recommendation of no jail time, Sullivan wants to review the entire record before deciding on the issue.

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Bizarre, Constitutional Law, Free Speech, Lawyering, Media, Society

French Protesters Take To The Streets Wearing Yellow Vests . . . So Egypt Cracks Down On Yellow Vest Sales

The Egyptian government has reason to be nervous.  After cracking down on civil liberties, free speech, free exercise, and the free press, the government has watched with growing alarm over the protests engulfing France by thousands of yellow vested citizens.  So Egypt is rethinking its denial of basic liberties, right?  No, the government is preventing the sale of yellow vests and prosecutors are seeking jail time for a lawyer who was merely pictured in yellow vest.

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Columns, Congress, Constitutional Law, Criminal law

Reality Check: Why Trump Is Neither Vindicated Or Vanquished By The Recent Filings

Below is my column in The Hill Newspaper on the unrestrained hype on both sides after the recent filings by the Special Counsel and U.S. Attorney for the Southern District of New York. 

Here is the column:

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Bizarre, Criminal law, Media, Politics

James Clapper’s Unwitting Irony: Former National Intelligence Director Dismisses Claim Of Innocence Of Maria Butina

There are moments on television where the irony is so great that it leaves you dumbfounded.  On Tuesday night, CNN brought on its contributor, James Clapper, to address the plea deal struck by accused Russian Agent Maria Butina.  Clapper was asked by Wolf Blitzer if it is possible that Butina could have simply been used unwittingly by the Russian government.  It is a fair question, but Clapper immediately dismissed claims of “unwitting” actions and insisted ” I suspect she was witting.” If that sounded familiar, it should and, while Clapper is clearly an expert on intelligence matters, he is an even greater expert on what constitutes “witting” crimes.

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Constitutional Law, Free Speech, Society, Torts

Vermont Man Causes Controversy Over One-Finger Salute To City Officials
Facebook: Ted Pelkey

We previously discussed the sometimes thin line between free speech and a nuisance.  The latest such controversy has arisen in Westford, Vermont where Ted Pelkey decided to make a statement after city officials refused his permit to build an 8,000 square foot garage on his property. His response was a single finger salute to  the Westford Selectboard and Development Review Board.  This is not the first such salute piece to prompt legal questions over its display.  Notably, the Vermont Supreme Court recently ruled that ugly is not a nuisance.

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