Media, Politics, Society

Polls Show Obama At A 58 Percent Popularity And Trump Down To 40 Percent
President_Barack_Obama495px-Donald_Trump_by_Gage_SkidmoreThere are an interesting set of polls out this week. President Barack Obama appears to be leaving office with one of the highest exiting polls of American presidents at 58 percent while President-elect Donald Trump has hit the lowest at 40 percent.  Polls change and Trump has already attacked the polls as rigged against him.  However, these polls can have a pronounced impact among members of the GOP who may be uncertain about the degree to which they will follow the lead of the White House on changes to taxes, immigration and other areas.  With a developing conflict over tax reform, the polls (whether accurate or not) could complicate problems for the new White House.
Academia, Bizarre

Florida Professor Removed From Teaching After Allegations That He Gave Students As in Exchange For Charity Donations

ucf_seal-svgucf_horizontal_logo-svgUniversity of Central Florida adjunct psychology Professor Kenneth Vehec, 57, has been removed from teaching after the school determined that he had exchanged As for donations to a charity.

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Academia, Bizarre, Constitutional Law, Criminal law, Free Speech, International

British Home Secretary Faces Hate Speech Complaint Over Immigration Speech

amber_rudd_2016We have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here) and England ( here and here and here and here and here and here and here and here and here and here). Much of this trend is tied to the expansion of hate speech and non-discrimination laws. We have even seen comedians targeted with such court orders under this expanding and worrisome trend. (here and here). Now a recent complaint filed by a professor against Home Secretary Amber Rudd illustrates vividly how hate speech has become for some people an extension of political disagreements.  The complaint by Prof Joshua Silver, an astrophysicist, will not result in any serious investigation but it was recorded as a hate crime allegation under the existing standards.  We recently discussed the criminal charges brought against a conservative Dutch politician. Continue reading “British Home Secretary Faces Hate Speech Complaint Over Immigration Speech” →

Society, Torts

Vermont Supreme Court Rules That Ugly Is Not Actionable As Nuisance Claim

500px-vtsupremecourt03fixed_tilt_solar_panel_at_canterbury_municipal_building_canterbury_new_hampshireThere is an interesting case out of the Vermont Supreme Court on aesthetic nuisance, a subject that I cover in my torts course.  At issue in Myrick v. Peck Elec. Co., 2017 VT 4 was a consolidated challenge to a solar power development on the basis that the solar power structures would be unsightly and reduce property value. In line with other courts, the Vermont Supreme Court roundly rejected the notion that ugliness or unattractiveness is a viable basis for a nuisance action under common law torts.

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Bizarre, Politics, Religion

Saudi Cleric Condemns Plans To Allow Movies or Public Concerts In The Kingdom

these-are-the-damned200px-Coat_of_arms_of_Saudi_Arabia.svgThe Saudi Kingdom is back this week reminding people of the inherent extreme lunacy of theocratic legal systems.  Saudi Arabia’s top religious authority Grand Mufti Sheikh Abdulaziz Al al-Sheikh has proclaimed that cinemas and singing concerts are unIslamic and morally harmful.  The Kingdom follows a medieval system of Sharia law and denies basic civil liberties to women, non-Muslims,  political dissidents, and journalists.  Cinemas and public concerts are already banned in the name of Islam in the Kingdom.

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Academia, Free Speech, Media, Society

Protesters Succeed In Preventing Conservative Speakers From Appearing At The University of California At Davis

the_university_of_california_davis-svgWe have been discussing the largely successful efforts by students and faculty to prevent certain conservative speakers like Milo Yiannopoulos from being able to speak on campuses. The latest such example is University of California at Davis where protesters succeeded in preventing fellow students and faculty from hearing Yiannopoulos. There is one promising element to the story however. Unlike school administrators who have either supported or yielded to the “heckler’s veto,” Interim Chancellor Ralph Hexter denounced the effort to not only silence an opposing voice but to deny the right of others to hear that voice on campus. While the school professes “let there be light” on its seal, the school is now cloaked in a forced silence after the ignoble victory of protesters in curtailing the exercise of free speech.

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Bizarre, International, Religion

Ugandan Official Asks For Wads of Cash To Be Placed Into Casket To Bribe God

300px-god2-sistine_chapelCharles Obong, 52, a deceased Ugandan government official, appeared to be quite concerned about being called to account for his life and actions. Accordingly, he instructed that at least $5,700 (roughly P280,000) be placed inside his casket as an “offertory” to forgive God for his sins and “save him from hell fire.” Given his view of not only the susceptibility or ease of bribing the Almighty, I expect he has good reason to be concerned. While I am still a bit confused of why the Almighty would want Ugandan dollars or where he would use the cash, such attempted bribes are generally viewed as beyond the reach of criminal codes — even ones with really really really long-arm jurisdiction.

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Bizarre, Constitutional Law, Criminal law, Free Speech

Illinois Man Sues Over Arrest for Flag Burning

1414249_1280x720We previously discussed the case of Bruyton Mellott who was arrested after posting online pictures of himself burning an American flag has filed a federal lawsuit seeking to have the state’s flag desecration law declared unconstitutional. The 22-year-old the Wal-Mart employee was charged with flag desecration despite two Supreme Court cases clearly saying that such an act is constitutionally protected. After various experts (including myself) said that the arrest was unconstitutional, the charges were dropped, but Mellott is now suing.  I personally find Mellott’s actions to be highly offensive and disturbing.  I have never understood the burning of the flag which represents our collective rights, including free speech.  Unfortunately, important free speech cases are often triggered by the most reprehensible forms of speech or most reprehensible individuals.  In the end, the lawsuit may force legislators to confront the fact that they have continued a facially unconstitutional law on their books because they fear the political backlash if they comply with long-standing Supreme Court precedent.

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Animals, Torts

Obama “First Dog” Bites Visitor In White House

13508869_1225253070879655_7578993382388982682_nFinally, a case that joins my two legal loves: constitutional law and torts. This week, the White House was the scene of one of the most common torts in the country after the first dog, Sunny, bit a tourist in the White House. The female Portuguese Water Dog left a serious gash under the eye of the 18-year-old visitor.

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Bizarre, Criminal law

14-Year-Old African-American Girl Charged In Sending Fake KKK Tweet To High School

400px-arundelhighschoolThe entire community surrounding Arundel High School was traumatized recently when an anonymous person posted a tweet threatening that “We’re planning to attack tomorrow”. What made the tweet particularly menacing was the Twitter account: @KoolkidsKlanKkk. Police launched a full-fledged investigation and has now charged a 14-year-old African-American girl with sending a threatening tweet related to Arundel High School.

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Academia, Constitutional Law, Politics, Society

California Legislators Push For Course On Teaching High School Teachers How To Spot Fake News

894597_490371537684852_1755238079_oI have long been a critic of politician interfering with curricular issues in our schools. Most of us do not look to politicians as paragons of knowledge. Assemblyman Jimmy Gomez personifies the perils of politicians dictating course choices. Gomez is pushing for a course on to teach students who to avoid fake news. It is part of a new trend around the world to rally people against the scourge of “fake news” — a trend that is already been used as a rationale for censorship and the criminalization of speech. Fake news is now the rallying cry for people who disagree with coverage and is used as a way to avoid answering questions.  What one person consider fake news and other considers real news can be highly subjective.  The most recent controversy reveals the difficult lines to draw.  President-elect Donald Trump made headlines yesterday by denounced CNN as “fake news” and refusing to take a question from its reporter.  Yet, the report was “news” that was reported by most major outlets.  I agree with the Trump staff about the need for BuzzFeed to have looked more closely at specific allegations and I do find the contractions raised by the Trump staff to be very problematic.  Indeed, James Clapper appears to have supported Trump in his outrage over the leaks and further distanced the U.S. intelligence community from the merits of the allegations. [Here is  Clapper’s statement]  Yet, the legitimacy of these stories comes down to the details published in the stories.  A former MI6 agent made the allegation and those allegations were forwarded to the FBI by a U.S. Senator.  That is news.  The specific “dirt” alleged to be in the possession of the Russians is a far more difficult question for editors and most declined to run those details while reporting the lack of independent confirmation.

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Bizarre, Constitutional Law, International, Media, Politics, Religion

Turkish Marriage Guide Encourages Beating Wives Who Do Not “Beautify” Themselves And Supports Marriage Of Girls As Young As 10

Flag of TurkeyWe have previously discussed the plight of women and girls subject to Sharia law and extreme Muslim traditions of marriage. The nightmare faced by many women was captured in a horrific guide being distributed by in Turkey by former religious affairs department employee Hasan Caliskan. The guide supports the beating of women who do not “beautify” themselves, supports the marriage of 10-year-old girls, and advances absurd notions like the danger of having a stuttering child if a woman talks during sex.

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Bizarre, International, Politics, Society

More Cow Bell: Swiss Town Bars Entry Of Cow Bell Critic

Screen Shot 2014-09-29 at 8.19.08 AM 1We have previously discussed the move to drop the use of the large cow bells that is part of the Swiss identity. Now local citizens in the canton of Aargau have moved to deny a passport to Nancy Holten, 42, because of her advocacy on behalf of the Swiss cows. It turns out that citizens and towns can object to the issuance of passports in Switzerland.

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Constitutional Law, Free Speech, Media, Politics, Society, Torts

New York Judge Dismisses Defamation Lawsuit Against Donald Trump

495px-Donald_Trump_by_Gage_SkidmoreTwitter LogoNew York State Supreme Court Judge Barbara Jaffe has dismissed the defamation case against against President-elect Donald Trump brought by political strategist and TV pundit Cheryl Jacobus. Trump slammed Jacobus during the campaign and said that she “begged him for a job” at one time. Jaffe, however, held that such tweets are manifestly opinion and not facts for the purposes of defamation law. It is perhaps fitting that the first major ruling related to Trump would be over the character of tweets. If upheld, this could be a major new rule. As if on cue, Trump make more headlines today in the wake of the decision on Twitter with a tweet attacking the intelligence agencies saying “Intelligence agencies should never have allowed this fake news to “leak” into the public. One last shot at me.Are we living in Nazi Germany?” That is clearly opinion and hyperbole but the scope of Jaffe’s decision certainly adds a layer of protection not just for Trump but other regular tweeters.

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