Virginia Police Secure Warrant to Force Teen To Be Photographed With Erect Penis

Seal_of_Prince_William_County,_Virginia94px-Manassas_Police_BadgeThere is a bizarre search warrant that has been obtained by the Manassas City Police to photograph the erect penis of a 17-year-old facing felony child-pornography charges. The charges are based on the teen sending an explicit video to his 15-year-old girlfriend. Worse yet, if the boy does not “cooperate,” the police intend to take him to a hospital to have him aroused by injection. [Update: police have said that they will decline to execute the warrant after the public outcry].

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ISIS Militants Take Sledgehammers To Jonah’s Tomb And Destroy Dozens of Sacred Places

article-2685923-1F81DC1E00000578-288_634x344Jonah_and_the_Whale,_Folio_from_a_Jami_al-Tavarikh_(Compendium_of_Chronicles)In a move reminiscent of the Taliban’s shocking destruction of the two massive ancient statues of the Buddha at Bamiyan in Afghanistan, ISIS militants are destroying sacred temples and art in Iraq in the name of Allah. This picture was posted on an affiliated website of their destruction of the tomb of the Prophet Jonah in Mosul. It appears that Jonah may have survived the whale but could not escape the raw hatred of ISIS. In the meantime, sectarian atrocities have continued with the discovery of 50 blindfolded bodies south of Baghdad.

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Wisconsin Court Throws Out Conviction For Disorderly Conduct Based On Facebook Rant Against Police

gavel2I wanted to share an opinion this month out of Wisconsin where Fourth District Court of Appeals Judge Paul Lundsten overturned the conviction of Thomas Smith for criticizing his local police department on Facebook. Prosecutors charged Smith with disorderly conduct and unlawful use of a computerized communications system after he made vulgar comments on a police department’s Facebook page. It was an abusive charge by the police and an abusive prosecution. Unbelievably, the lower court allowed this citizen to be convicted for the misdemeanor offenses. Prosecutors argued that Smith, 25, used profanity and vulgar language to comment on a police posting that thanked local citizens for their help in apprehending two black juveniles in the area. It was clearly protected speech but Smith was forced to go through a trial and an appeal to find a judge who upheld the first amendment claim. Below is the full decision.

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Clinton Renews Claim Of Being “Dead Broke” And Insists The Couple Had “To Work Unbelievably Hard” To Make The Mortgage

225px-Hillary_Clinton_official_Secretary_of_State_portrait_crop220px-Labor-Pearce-Highsmith-detail-1We have been following the bizarre struggle of Hillary Clinton to claim that she and Bill were “dead broke” after leaving the White House. Independent reviewers like Politifact have shredded the claim and the Clintons have become the fodder for commentators and comedians over the controversy. The Clintons made over $12 million in the first year after leaving the White House and they have made over $100 million from speaking fees and different events. CNN documented that Clinton earned $106 million by making speeches from the end of his presidency through January 2013. Hillary Clinton has pulled in $200,000 a speech and was criticized for receiving $500,000 in one week from Goldman Sachs . Yet, the Clintons have been doubling down on the claim like a bad gambler. Bill Clinton was brought out to vouch for Hillary that the statement is “factually true.” That resulted in a new round of mockery. We have discussed the controversy in terms of the interesting dynamic of American politics where exceptionally wealthy candidates struggle to identify with Americans struggling financially. The Clintons however will not accept that the pitch is simply not working. This week Hillary is again claiming to have been impoverished in a new interview with the German magazine Der Spiegel – a claim that even Germans find just as hard to swallow.

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Minnesota Twins Stadium Opens Self-Serve Beer Stations

140px-800px-Kriek_BeerMinnesotaTwinsThere is an interesting addition at Target Field for Minnesota Twins fans: self-serve beer stations. The machines called DraftServ will allow customers to choose between four beers and how much they want to be poured. The stations however raise some interesting liability questions under dram shop laws and negligence standards. If customers are serving themselves, it raise question over the “over serving” customers. We have previously discussed lawsuits against stadiums for such cases of excessive consumption of alcohol.

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The Death of Eagle Tail: South Dakota Man Dies During Hot Dog Eating Competition

man-dies-in-eating-contest-walter-eagle-tail.jpg-665x385Hot Dog with MustardWe have previously discussed the liability issues surrounding eating and drinking contests. Those concerns were raised again with the death of Walter Eagle Tail, 47, who choked to death during a Fourth of July hot dog eating contest in Custer, South Dakota.

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POLITICS BY OTHER MEANS: OBAMA’S WATER WAR OVER POT

President_Barack_Obama220px-Water_droplet_blue_bg05Below is my column today in USA Today on the Obama Administration’s decision to cut off water to legal marijuana growers. Notably, the business concern today for the rollout of legal pot sales in Washington is greater demand than supply. I previously wrote about how a little known board had effectively moved to end the debate over the Redskins name, an example of agencies increasingly intervening in social and political disputes. This move by the Bureau of Reclamation is a prime example of such intervention into political disputes and a troubling precedent for the future.

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America the Crude? Fourth of July Celebrations Marred With Offensive Speech

220px-Joan_Rivers_2010_-_David_ShankboneBr9Ha6wCMAAXQiUAs many on this blog know, I have long griped about the loss of civility and basic standards of conduct in our society. Whether it is a halftime show or television broadcast or some fan or some athlete acting like a thug, we seem to be quickly abandoning any sense of decorum or decency. When M.I.A. used bad language and flipped the bird during a Superbowl game, many like the New Yorker insisted that she should not apologize and that such standards of decency that are nothing but a remnant of the fifties we haven’t shaken.” I remain unconvinced that our society has now abandoned such standards as historical relics. While I have opposed efforts to criminalize speech, I do believe that as a society we should enforce standards of civility and decency. My concerns were raised this last week again with scurrilous attacks on President Barack Obama and a profane laced Fourth of July celebration in Philadelphia.

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Let Sleeping Fans Lie: New York Man Sues ESPN For Showing Him Sleeping At Yankees-Red Sox Game

article-0-1F75612F00000578-313_634x427ESPN, the Yankees, Major League Baseball, and announcers Dan Shulman and John Kruk are being sued by Andrew Rector, 26, who says that he was defamed after the network showed him asleep at the New York Yankees-Boston Red Sox game and joked about his being “oblivious” to the game. While Rector says that the commentators called him “stupor, fatty, unintelligent, stupid,” those insults are not heard on the videotape below from the telecast. Rector is suing for $10 million.

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Obama Administration Sues Wisconsin Company For Requiring All Employees To Speak English

720px-US-EEOC-Seal.svgThere is an interesting case out of Green Bay, Wisconsin where Wisconsin Plastics, Inc. (WPI) is being sued by the Equal Employment Opportunity Commission (EEOC) for making English speaking a condition of employment. WPI was found by the EEOC to be in violation of Title VII of the Civil Rights Act of 1964, which protects employees from discrimination based on national origin. The company fired Hispanic and Asian employees on the basis of not speaking English in the workplace.

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22,000,000

We only recently passed the 21,000,000 mark last April but we just hit 22,000,000 today, according to WordPress. Congratulations everyone. This has been a banner year for the site with a continuing increase in traffic, links on other sites, and new voices on the blog. These milestones are coming faster and they give us a chance to look at the spread of our regular readers and commentators. As always, I want to offer special thanks for our weekend contributors: Mark Esposito, Eliane Magliaro, Mike Appleton, Larry Rafferty, Charlton Stanley, Darren Smith, and Kimberly Deines. The increasing traffic on the site is gratifying and reaffirms that there are many people looking for mature and civil debate. Even among the top ten sites, I believe that we offer a unique forum of different views and backgrounds in the discussion of law and politics (and a few quirky items).

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Saudi Arabia Sentences Another Leading Reformer To 15 Years In Prison For “Insulting The Country’s Leaders and Judiciary”

Waleed_Abu_AlkhairSaudi Arabia’s medieval legal system has added a new outrage to its record: On Sunday, Saudi lawyer and reform advocate Waleed Abulkhair was sentenced on Sunday to 15 years in prison and a 15-year travel ban (to start after his release). He was also ordered to pay 200,000 Saudi riyals ($53,000). His offense? “inciting public opinion against the government” and “insulting the country’s leaders and judiciary.” The sentence once again raises the question over our level of support for Saudi Arabia and its distinction from our distinction with other countries viewed as extreme and inimical to the rule of law. Abulkhair is the head of the “Monitor of Human Rights in Saudi Arabia” organization and was ranked by Forbes magazine as one of Top 100 Most Influential Arabs on Twitter.

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“So Sue Me”: Presidential Taunts and Constitutional Consequences

President_Barack_ObamaBelow is my column yesterday in the Sunday New York Daily News on the unfolding controversy over President Obama’s unilateral actions to circumvent Congress. The pledge of the President to “go it alone” has already resulted in court losses for the Administration and a growing separation of powers crisis. I testified (here and here and here) and wrote a column on President Obama’s increasing circumvention of Congress in negating or suspending U.S. laws. I ran another column recently listing such incidents of executive over-reach that ideally would have included this potentially huge commitment under Obama’s claimed discretionary authority. I happen to believe that the President is right in many of these areas but that does not excuse the means that he is using to achieve these goals.

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Supply Side Kansas and ALEC

Sam_Brownback,_official_Governor's_portrait

Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor

In these post Recession days, we have seen various stories of state and municipalities economies make positive strides toward recovery.  According to economist Paul Krugman, the state of Kansas is not one of those success stories.  If you don’t recall, the Republican Governor, Sam Brownback, signed legislation granting huge tax breaks for corporations and the wealthy.

Brownback crowed that these tax cuts would lead Kansas into the promised land of economic nirvana.  Unfortunately for regular, non-wealthy Kansans, the recovery has not materialized.  As Krugman states, the economy in Kansas tanked.

“Sam Brownback, the governor, proposed the legislation — in percentage terms, the largest tax cut in one year any state has ever enacted — in close consultation with the economist Arthur Laffer. And Mr. Brownback predicted that the cuts would jump-start an economic boom — “Look out, Texas,” he proclaimed.

But Kansas isn’t booming — in fact, its economy is lagging both neighboring states and America as a whole. Meanwhile, the state’s budget has plunged deep into deficit, provoking a Moody’s downgrade of its debt.” New York Times  Continue reading “Supply Side Kansas and ALEC”

The Boehner Manifesto: How To Do Nothing And Look Constitutional?

By Mark Esposito, Weekend Contributor

The Antagonists
The Antagonists

I think it was Winston Churchill who reminded us that the “supreme virtue” of government is action. In fact, the greatest of  modern British prime ministers, who often marked his staff memoranda in red with the words “Action This Day,” counseled that ” I never worry about action, but only inaction.” Action in recognizing problems. Action in mobilizing support and action in addressing the causes of human suffering and improving the lives of those over whom you have power and authority.

On this side of the Atlantic, the framers understood this seemingly obvious facet of government. Jefferson wrote, “The purpose of government is to maintain a society which secures to every member the inherent and inalienable rights of man, and promotes the safety and happiness of its people.” Protecting individual  rights and promoting the security and happiness of those individuals is the essential business of government. Not “either-or” but both.

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