The Obama Administration has filed its expected Motion to Dismiss in the challenge by the United States House of Representatives v. Burwell. As many of you know, I am lead counsel in the action. We posted our complaint earlier and I have posted the motion of the Administration below.
Continue reading “Obama Administration Files Motion To Dismiss House Challenge”
Former 8th Circuit Assistant State Attorney William Ezzell, 37, was charged Friday with video voyeurism for allegedly using a cellphone to record a woman in her underwear at a Gainesville tanning salon. The bizarre case could end a career that included some notable cases for Ezzell as a prosecutor.
Continue reading “Florida Prosecutor Arrested In Peeping Tom At Tanning Salon”
If the Seattle Seahawks are known for their aggressive offensive line, their players are nothing when compared to the aggression of their lawyers. Outdoing even the brutish NFL lawyers who claim copyright to terms like “Super Bowl,” the team has filed two dozen trademark applications in a little over a year to claim ownership to such terms as “boom” and “Go Hawks.” The team is also claiming ownership to the number 12 in a font like the one used by the team. It had to settle a prior lawsuit over its use of “The 12th Man” phrase (referring to the fans) — a phrase claimed by Texas A & M where it was forced to pay a licensing fee for the limited use of this common term. Now it is trying to the do the same in claiming parts of the English language as owned by the team (I am waiting for the Patriots to trademark “Deflate-gate”). It is all perfectly bizarre but Congress has done little to stop the frenzy to claim common terms and phrases. Too bad there is not anyone willing to throw a flag for encroachment to protect citizens.
Continue reading “Offensive Holding: Seahawks Move To Trademark The Word “Boom” and the Number 12″
We have been following the response of police in the aftermath of the murder of two officers in New York. One fear is that this effort will extend to areas of free speech and the arrest this week of a teenager boy in Brooklyn would seem to confirm those concerns. Osiris Aristy posted what police consider to be threatening text and digital cartoon images – or emoji on Facebook. He was arrested for terroristic threats as well as criminal possession of a weapon, criminal use of drugs and criminal possession of marijuana. His bail was set at $150,000.
There was a curious confrontation between the New Zealand navy this month and three notorious boats illegally poaching in the waters near Antarctica. The Navy caught the boats red-handed poaching and using illegal nets. The Navy called over for the three rust buckets to stop the illegal operation and the boats simply refused. The Navy called over again that it wanted to board to check their documentation and the boats said know. They simply continued to poach in front of the Navy and then the New Zealanders let them leave without firing a shot. This was called a victory by the New Zealand Navy but I am not sure why.
I have previously written about my childhood sports hero Chicago Cubs great Ernie Banks. It is therefore particularly sad to write of his death this weekend at the age of 83. “Mr. Cub” had 512 career home runs in 19 major league seasons and was inducted into the Baseball Hall of Fame in 1977. He was also selected to baseball’s All-Century team in 1999. He retired in 1971.
Continue reading ““Let’s Play Two”: Farewell To Ernie Banks”
There is an interesting phenomenon that occurred after the Patriots pulled ahead of the Colts in their championship game: the price of Superbowl tickets reportedly fell significantly. People it appears are just not excited about seeing the Patriots play in another Superbowl. However, many people see more than a dominant team or deflated footballs are the reason for who plays in the Superbowl. A recent study found that one out of four Americans believe that God helps choose who wins sporting events. I personally find this hard to accept since the Chicago Bears remains God’s chosen team and yet they remain again out of the Superbowl. However, over twenty-five percent of people believe that they are watching the hand of God in the outcome of sporting events.
Continue reading “Study: One Out Of Four Sports Fans Believe God Chooses Winners In Sporting Events”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor
It is unfortunately not surprising that anything that the CIA does should be considered suspect. When the CIA recently came under fire for allegedly spying on Senate computers, no one, except the Senators who were spied on were surprised. Now that Director John Brennan has completed his internal “investigation” into the matter, the truth has come out. John Brennan says he and the CIA did nothing wrong! Continue reading “The CIA’s Whitewash Investigation of Itself”
By Darren Smith, Weekend Contributor
After what was declared to be prosecutorial misconduct, the Washington Supreme Court reversed a jury conviction of Odies Delandus Walker. The defendant was convicted as being an accomplice to first degree murder, first degree assault, first degree robbery, solicitation, and conspiracy after a robbery at a Lakewood Walmart.
In closing arguments during trial, the Pierce County Prosecutor’s Office showed the jury a PowerPoint presentation having over one hundred of a total of approximately two hundred fifty slides having headings such as “DEFENDANT WALKER GUILTY OF PREMEDITATED MURDER,” including one slide having a booking photograph of Walker altered to have “GUILTY BEYOND A REASONABLE DOUBT” superimposed in boldfaced red letters over his photograph. Additional photographs presented included those of Walker and his family juxtaposed with those of the murder victim emblazoned with inflammatory captions.
Walker asked the court to address if such actions violated his right to a fair trial due to the prejudicial nature of the presentation.
By Darren Smith, Weekend Contributor
We previously reported HERE the bizarre and saddening controversy involving Miss Universe contestant Saly Greige representing Lebanon who was photographed in a selfie by Miss Israel Doron Matalon. The event caused a row that could have stripped Saly of her crown for violating Lebanese fraternization prohibitions with citizens of Israel.
Now, a Lebanese government official announced that no sanctions would be taken against the young hopeful.
By Darren Smith, Weekend Contributor
In what some regard as an affront to both free speech and whistleblowing, Washington legislators Joe Schmick, J. T. Wilcox, June Robinson, and Vincent Buys sponsored House Bill 1104 introducing the new crime of “Interference with Agricultural Production.” The bill, if signed into law, will have the effect of criminalizing whistleblowing and the free speech activities of those seeking to publicize allegations of animal cruelty and other concerning farming methods under the guise of protecting agribusinesses from economic harm.
The bill also provides for troubling retributions against those who have traditionally revealed acts of cruelty to animals and shown food safety abuses by several farms and businesses.
This month I wrote a column for the Washington Post on the crackdown of free speech in France and we have previously discussed the decline of free speech values in the West. (here and here and here). This has included attacks in the United States (here and here and here and here). Now, Boston Mayor Martin J. Walsh has prepared his city for its bid to host the 2024 Summer Olympics by effectively suspending free speech for city employees and banning them from uttering any negative comments about the Games or the process. I suppose Walsh can cite John Adams’ infamous use of the Alien and Sedition Acts as precedent.
The University of Michigan Sigma Alpha Mu fraternity has been suspended by its national office and its members may face criminal investigation after its members were accused of causing $50,000 in damage at a ski resort last weekend. The pictures of the damage at the Treetops Resort are astonishing and the incident raises the question of whether students involved in potential criminal mischief should be expelled from the school for such extracurricular conduct.
We previously discussed the gross negligence exhibited in the Patient Protection and Affordable Care Act (or Obamacare) rollout and how there appeared little accountability for such failures even when they cost hundreds of millions.(For a column, click here). Now it turns out that, after costing the country a fortune due to this shoddy work, the IRS has reportedly awarded the company yet another contract to do work on . . . you guessed it, Obamacare.
It was like watching Master Sergeant Hans Georg Schultz suddenly appear in back-to-back performances in the New England Patriots headquarters. Coach Bill Belichick insisted that he not only had no idea how the balls in the game with the Colts were deflated, he claimed utter ignorance about virtually anything to do with the subject of air pressure and footballs. He was followed by quarterback Tom Brady who, despite previously saying that he preferred underinflated balls, said that he could not tell that the balls were deflated (even when a Colts employee could immediately feel the difference and report it). It is the immaculate deflation. It just happened by some cosmic coincidence over(1) and over(2) and over(3) and over(4) and over(5) and over(6) and over(7) and over(8) and over(9) and over(10) and over(11) again.