Constitutional Law, Free Speech

Seattle Police Action Against Sign Warning Motorists Of Oncoming Speed Trap Likely A Violation Of Free Speech Rights

By Darren Smith, Weekend Contributor

From screen shot: KOMO News
From screen shot: KOMO News

While this might seem to some as a Tempest in a Tea Pot involving only a traffic infraction, the actions of a Seattle Police Department Motor Traffic Unit could put the city into a legal liability for a violation of free speech rights.

Several days ago, Daniel Gehlke saw motorcycle officers set up near the intersection of 14th Avenue South and South Washington and begin enforcing stop sign and speed laws. Mr. Gehlke then obtained a Rubbermaid container lid and wrote thereon the words “COPS AHEAD! Stop at sign and light!” He stood nearby the intersection displaying the lid to warn drivers of the traffic unit’s presence and recommend compliance with the law.

Unfortunately for Mr. Gehlke the traffic unit took exception to this and cited him under a Seattle Municipal Ordinance making the display of a sign “bearing any such words as ‘danger,’ ‘stop,’ ‘slow,'” and more… [with] Directions likely to be construed as giving warning to or regulating traffic.”

Continue reading “Seattle Police Action Against Sign Warning Motorists Of Oncoming Speed Trap Likely A Violation Of Free Speech Rights” →

Uncategorized

The same-sex marriage decisions; a view from inside the SCOTUS

IMG_0491

Cara L. Gallagher, weekend contributor

History happened yesterday. Will you remember where you were when the same-sex marriage decisions came down? I will. I was inside the Court when we all sat up somewhat shocked to hear the first case of the day was Obergefell v. Hodges. Again, I am lousy at predicting what cases we’ll get decisions on each day. This fact is already entered into the record. But because it was a decision of such importance, for the first time, I stopped writing, listened, and looked around to see how the audience, the public, were not only hearing but experiencing what I was hearing.

It wasn’t obvious from the start of Kennedy’s reading of the majority (made up of the four liberal justices) decision that it would come out on the side of the same-sex couples, many of which were in the Court to hear their case. He started off referencing the “millennia” of the institution of marriage. Those who listened to the oral arguments back in March will recall Kennedy used this word a lot to question Mary Bonauto, the attorney for the same-sex couples, on why the definition of marriage should be expanded to include same-sex couples when, for so long, it has been reserved to one man-one woman. Continue reading “The same-sex marriage decisions; a view from inside the SCOTUS” →

Constitutional Law, Courts, Criminal law, Media, Politics, Society

Sister Wives Case Cited In Supreme Court’s Historic Same-Sex Marriage Ruling

240px-sister_wives_tv_series_logo220px-File-Official_roberts_CJ_croppedI am still doing commentary on today’s history ruling in favor of same-sex marriage. It was a remarkable day for all of us outside of the Court. As many of us quickly read through the opinions, hundreds of people broke out into song: singing our national anthem. It never sounded so beautiful or so meaningful. As I went live with Jake Tapper on CNN, I noticed a familiar reference however. The Chief Justice cited to the Sister Wives litigation now pending before the United States Court of Appeals for the Tenth Circuit. I am lead counsel for the Brown family, which prevailed in striking down the criminalization of cohabitation in Utah. The Wall Street Journal and other media outlets also discussed our case.

Continue reading “Sister Wives Case Cited In Supreme Court’s Historic Same-Sex Marriage Ruling” →

Animals, Bizarre, Criminal law

Alabama Teen Arrested After Killing Mother’s Chickens To Force Her To Call His Girlfriend’s Parents To Repair Relationship

haden_smithIn one of the truly most bizarre criminal cases this year, Hayden Smith, 18, has been arrested after killing six of his mother’s chickens after demanding that she call the parents of his girlfriend to repair the relationship. I cannot imagine why the girl’s parents would not want her going out with Smith.

Continue reading “Alabama Teen Arrested After Killing Mother’s Chickens To Force Her To Call His Girlfriend’s Parents To Repair Relationship” →

Bizarre, Media, Society

Apple Pulls All Games Featuring Confederate Flag From App Store

125px-Apple-logoConfederate_Rebel_Flag.svgGaming sites are reporting that Apple has pulled all war games featuring the confederate flag from the App Store as “offensive” and “hateful.” That decision of course wipes out historically accurate Civil War games. As a military history nut, I find the actions by Apple to be bizarre and revisionist. This was the symbol of one side in one of the world’s most famous military conflicts. When used in the context of a war game, it is obviously being used to closely mirror the symbols, uniforms, and equipment of the time.

Continue reading “Apple Pulls All Games Featuring Confederate Flag From App Store” →

Animals, Criminal law, Society

Texas Veterinarian Will Not Face Charges After Killing Neighbor’s Pet Cat With A Bow and Arrow and The Boasting About the Kill on Facebook

tiger-800We have yet another case of someone losing their job after posting an obnoxious message on social media. Brenham, Texas, veterinarian Dr. Kristen Lindsey is out of a job after posting a Facebook photo in April of herself holding her “first bow kill” – a dead cat with an arrow through its head. However, she will not be charged with animal cruelty because the Austin County Sheriff Office said it was unable to verify when the picture was taken after Lindsey, 31, deleted the post. WARNING: the picture below is graphic and disturbing.

Continue reading “Texas Veterinarian Will Not Face Charges After Killing Neighbor’s Pet Cat With A Bow and Arrow and The Boasting About the Kill on Facebook” →

Constitutional Law, Courts, Media, Society, Supreme Court

Obamacare Spared Through “Jiggery-Pokery”?

scaliaSupreme CourtI spent most of the day opining in front of the Supreme Court and in studies on the 6-3 ruling in favor of the Obama Administration in King v. Burwell. I will not subject you to more of that analysis. I have previously indicated that I found the opposing view of the Halbig decision against the Administration to be compelling, though I have always viewed this to be a difficult question upon which people of good-faith could disagree. Yet, in both my prior congressional testimony and my columns, I have never accused the Administration of “jiggery-pokery” — largely because I was not sure what jiggery-pokery is. However, Associate Justice Antonin Scalia has written a stinging dissent to King that contains the memorable accusation that the majority was engaging in “interpretive jiggery-pokery.”

Continue reading “Obamacare Spared Through “Jiggery-Pokery”?” →

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

Pennsylvania Politicians Seeks To Impose Registry and Other Limitations In Strip Clubs

2350px-poledsc325We have previously discussed efforts of politicians to add costs or otherwise harass owners and customers of strip joints for moral, social, or political reasons. Both feminists and religious right advocates have targeted the businesses. The latest such effort is being spearheaded by Pennsylvania state Rep. Matthew Baker, R-Tioga, who admits that he has introduced a new draconian measure to respond to faith-based groups. His bill would force strippers to register with the state, ban alcohol in strip joints and create a buffer zone between dancers and patrons (effectively barring “lap dances.”).

Continue reading “Pennsylvania Politicians Seeks To Impose Registry and Other Limitations In Strip Clubs” →

Animals, Bizarre, Torts

The Colonel Wants To See You: Kentucky Fried Chicken Says DNA Testing Disproved Fried Rat Story

ertertr6654656Not long ago, this image went viral after KFC customer Devorise Dixon said that he was served a fried rat in California. The company insisted that the picture showed it was white meat and complained that Dixon refused to speak directly with the company. It eventually spoke with Dixon’s lawyer and arranged to have the chicken tested. It was proven to be chicken through DNA analysis. Now the Colonel wants an apology.

Continue reading “The Colonel Wants To See You: Kentucky Fried Chicken Says DNA Testing Disproved Fried Rat Story” →

Bizarre, Criminal law

Georgia Man Arrested After Reportedly Caught On Video Putting Weed Killer In Co-Worker’s Water

Roundup_herbicide_logo06232015-Dunton-AnthonyAnthony Gerald Dunton has allegedly confessed to a bizarre crime: he was reportedly filmed putting Roundup weed killer in the water bottle of a co-worker. When he confessed to the crime, Dunton insisted that he was only trying to “mess with him.”

Continue reading “Georgia Man Arrested After Reportedly Caught On Video Putting Weed Killer In Co-Worker’s Water” →

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

Controversial Filmmaker O’Keefe Detained At Border By Customs

CIHe_UEUEAA7r4YConservative filmmaker James O’Keefe has reported that he was detained by U.S. Customs and Border Patrol agents Monday when attempting to reenter the country. The reason appears his widely published video showing him crossing the border repeatedly from United States and Mexico while dressed as Osama bin Laden. The video succeeded in capturing what critics have complained about for years: that the border remain wide open and that the Administration is misleading the public on the ease with which potential terrorists could cross into the United States illegally. Whatever the merits of that video, it does seem to me to be either a form of journalism or political speech. It was also very embarrassing for Customs and the Administration. That makes the action troubling if O’Keefe was told, as he states, that he will be detained from now on whenever he tries to reenter the United States.

Continue reading “Controversial Filmmaker O’Keefe Detained At Border By Customs” →

Bizarre, Torts

Virginia Patient Awarded $500,000 After Doctors Mocked Him While Unconscious During Colonoscopy

220px-Operating_theatreA year ago, we discussed a bizarre case where a colonoscopy patient (identified only as “DB”) is suing over abusive comments made about him by his doctors . . . while he was under anesthesia. “DB” had failed to turn off his cellphone which continued to record comments of the doctors ridiculing him, his body, and his character. While the alleged defamation did not leave the operating room (that is until his lawsuit), he alleged that it was still defamation and Dr. Tiffany Ingham and others for $1.35 million in damages for defamation, infliction of emotional distress and illegally disclosing his health records. Well, after a three-day trial, a Fairfax County jury ordered the anesthesiologist and her practice to pay him $500,000.

Continue reading “Virginia Patient Awarded $500,000 After Doctors Mocked Him While Unconscious During Colonoscopy” →

Academia, Bizarre, Constitutional Law, Free Speech, International, Media, Society

Berkeley Holds Seminars To Discourage Use Of Terms Like “Melting Pot” As Racial “Microaggressions”

200px-University_of_California_Seal.svgI have written columns and blogs through the years about the disturbing trend on U.S. campuses toward free regulation and controls. In the name of diversities and tolerance, college administrators and professors are enforcing greater and greater controls on speech –declaring certain views or terms to be forms of racism or more commonly “microaggressions.” The latter term is gaining support to expand the range of controls over speech and conduct to include things that are indirect or minor forms of perceived intolerance. The crackdown seems most prevalent in California where lists of “micro aggressions” seems to be mounting as a macroaggression on free speech. The new list of verboten terms out of University of California (Berkeley), headed by Janet Napolitano, captures the insatiable appetite for speech regulation. The school has asked faculty to stop using terms like “melting pot” or statements like “I believe the most qualified person should get the job.” They are now all microaggressions. Not only are school buying into the concept of microaggressions and speech regulation, but they are shaping a generation of students who seem to look for any possible interpretation of terms to take offensive at.

Continue reading “Berkeley Holds Seminars To Discourage Use Of Terms Like “Melting Pot” As Racial “Microaggressions”” →

Criminal law, Religion, Society

ISIS Reportedly Holds Koran Competition With Slave Girls As Top Three Prizes

Islamic_State_(IS)_insurgents,_Anbar_Province,_IraqAs ISIS prepares to destroy another priceless ancient city, it is adding to its atrocities in the rape and enslavement of Yazidi and Christian girls and women in Iraq. Various news sites are reporting that the Islamic militants are celebrating the holy month of Ramadan by holding a contest to memorize the Koran. The top three prizes are girl slaves or “sibyl.”

Continue reading “ISIS Reportedly Holds Koran Competition With Slave Girls As Top Three Prizes” →