Congress, Constitutional Law, Media, Politics, Society

United States Drops To 46th in Press Freedoms Under Barack Obama

President_Barack_ObamaWe have previously discussed the attack of President Obama on press freedom. As with the comprehensive attack on privacy, there has been little outcry from Democratic or liberal voters to the placing of journalists under surveillance or the treatment of reporters as potential criminals for receiving information from whistleblowers. Even those who express disappointment have not let these policies alter their continued support for the Administration. Many simply buy the White House argument that the other guys are worse. Well, international groups view the matter a bit more objectively and this month released a report that should be an utter embarrassment for every American. The United States — once the world champion of press freedoms — have called to forty-sixth in the world, according to the World Press Freedom Index. The drop is tied directly to the anti-media policies of President Obama.

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Bizarre, International, Society

Is It Time To Get Rid Of Curling?

220px-Curlingstoneold220px-Curling_Canada_Torino_2006As many on this blog know, I have long been a critic of the International Olympic Committee which has long been accused of corruption, cronyism, and plain stupidity. One of the most outrageous decisions was the elimination of wrestling, one of the few original sports, in favor of events like golf with more wealthy supporters. (Wrestling was later reinstated after global outcry). My sense of confusion depended this week with the reappearance of curling — a sport viewed by 99 percent of people every four years and met with the same universal question: “why is this a sport?” I do not contest that curling is a sport, I just fail to understand why it is an Olympic sport (like shooting) when sports like wrestling were cut.

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Criminal law, International, Society

Spanish Campaign Asks For Donation Of Childhood Photos As “Abuse-Free Children Pornography” (Updated)

220px-Sleepingputto_LéonBazilePerraultThere is a creepy but provocative issue raised by an advertisement in Barcelona, Spain this month. The posters offered “abuse-free child pornography” that asked viewers to “Send us naked photos of when you were a child. For child pornography without abuse. +18 Yes to Pedophilia. No to Abuse.” The posters were later taken down, but they raise a challenging (if admittedly unsettling) legal question. If people are turning over pictures of themselves as children (without any prior abuse or sexual acts depicted), does it still constitute child pornography? Update: The articles on this story reported that the posters were displayed by JCDeaux, an advertising firm. However, I have communicated with a representative of the company who has stated that it had no role in the posters and “JCDecaux is investigating this unauthorized insertion of the poster in our bus shelter in Barcelona. We removed the poster as soon as we were made aware of it.”
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Academia, Constitutional Law, International, Lawyering, Media, Society

William Mitchell College of Law Professor Sues School Over Being Banned From Campus

WilliamMitchellErlinder_C_Peter_print-199x300William Mitchell College of Law Professor Peter Erlinder has filed suit against his own law school after being banned from campus for allegedly inappropriate and possibly threatening conduct. Erlinder claims that his conduct is due to post-traumatic stress disorder stemming from his jailing in Rwanda. This lawsuit follows another lawsuit by a John Marshall Law Professor who says that a disability has caused him to act oddly and experience outbursts toward colleagues and students. [For full disclosure, years ago, I had brief interaction with Professor Erlinder in a case after I came on as lead counsel. Professor Erlinder’s role in the case ended soon after I became lead counsel]. In one prior communication, an administrator said that a doctor had expressed a concern that “Prof. Erlinder might go postal …. ” (Erlinder challenges that veracity of that statements and alleges that the doctor has denied that he ever made such a statement). He is seeking both compensatory damages ($50,000) as well as punitive and treble damages (in addition to injunctive relief such as reinstatement).

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Congress, Constitutional Law, Free Speech, Politics, Religion

Alabama Legislator Moves To Make Prayer Mandatory In Public Schools

praying_hands[1]hurst_sIt appears that Alabama legislators want to trigger yet another legal challenge to the ban on prayer in public schools. A new piece of legislation introduced by Rep. Steve Hurst, R-Munford would require teachers to read a prayer every day. However, this bill has an interesting twist: it would have the teachers pick a prayer given in Congress. The point is obvious that if such prayers are permissible in one government setting, it must be permissible in this public setting. That assumption is misplaced and the timing for the bill may be as ill-conceived as its constitutional interpretation. There is a pending case dealing with legislative prayer before the Court and this controversy will only remind justices that the legislative prayer cases may collide with school prayer cases unless it draws a clear line in the constitutional sand. This however is an improvement for Hurst who has moved on to prayer from his prior interest in castration.

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Academia

Now This Is A Snow Day Announcement

thumb_news902414_755604logoWe are snowed in today in McLean, Va. (I had to dig a path out into the backyard for Luna who then proceeded to leap through the foot of snow like a reindeer). While I often make fun of the snowphobics in Northern Virginia, this was a walloping. However, Durham Academy Head of School Michael Ulku-Steiner and Assistant Head of School/Upper School Director Lee Hark get the prize for the coolest weather announcement below.

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Criminal law, Media, Politics, Society

The Big [Not-So] Easy: Nagin Convicted on 20 Out of 21 Counts

225px-Nagin2June2006PrisonCellEven as a former resident of New Orleans who truly loves the city, I have been a long critic of Nagin who I met a number of times through the years. I was mystified and irritated by the failure of the voters to toss out Nagin from office after his shameful performance during the Katrina disaster. Nagin was widely ridiculed for his virtual absence during the disaster as he stayed in his hotel room overlooking the city. Moreover, the national media fawned over the young, handsome mayor even as he made unhinged comments and pranced around like a prima donna. In the meantime, Nagin set out to profit from the disaster both politically and personally. Nevertheless, the voters of New Orleans reelected one of the worst mayors in the country as they sought federal funding for disaster relief. He is now a convicted belong after a jury found him guilty on 20 of 21 federal corruption counts, including bribery. It is one of the least surprising legal stories of the decade. His conviction should cause some in the Democratic party, in the media, and particularly among the voters of New Orleans to consider their own complicity in enabling this corrupt, narcissistic politician.

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Environment, International, Politics, Society

Refinery Told Not To Dump Pollutants Into Great Barrier Reef . . . Refinery Does So Anyway But Faced No Civil Or Criminal Penalties

220px-Clive_Palmer,_December_2012,_cropped220px-Blue_Linckia_StarfishThere are few areas as beautiful or as fragile as the Great Barrier Reef. however, Queensland Nickel refinery, owned by MP Clive Palmer, wanted to discharge huge amounts of toxic wastewater into the Great Barrier Reef marine park. Two interesting additional factoids: first, they were repeatedly told not to and second, when they did it anyway, government officials decided not to bring any civil or criminal charges against the company.

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Constitutional Law, Criminal law, Politics, Society

Eight Police Officers Fire 103 Times At Two Unarmed Women Delivering Newspapers . . . Commission Rejects Calls For Any Officer To Be Fired Or Even Suspended

Lapd_badge220px-Christopher-jordan-dorner.nWe recently discussed the decision by the Los Angeles district attorney not to charge officers who shot up a vehicle of an innocent man because they were acting in “an atmosphere of fear and extreme anticipation.”Officers were on edge in the search for cop-killer Christopher Dorner (right). We now have a decision in the shooting that proceeded the McGee case where eight Los Angeles police officers fired over 100 times. Margie Carranza, then 47, was cut by flying glass while her then 71-year-old mother, Emma Hernandez was shot in the back. You guessed it. No one will be fired or even suspended.

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Constitutional Law, Politics, Religion, Society

Fourth Circuit Declares North Carolina’s “Choose Life” License Plate Is Unconstitutional

121112_an_plate2_640The United States for the Fourth Circuit has ruled that North Carolina’s “Choose Life” license plates are unconstitutional since the state has rejected the alternative pro-choice plates from citizens like “Respect Choice.” It is an important and clearly well-founded decision by Judge Wynn in Aclu of N.C. v. Tata, 2014 U.S. App. LEXIS 2573. The case was an appeal from the United States District Court for the Eastern District of North Carolina and the earlier decision of Senior Judge James C. Fox, who ruled in favor of the Plaintiff.

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Criminal law, Lawyering, Media, Society, Torts

Former Prosecutor Announces That He May Sue Woody Allen Over Child Abuse Column

445px-woody_allen_2006Woody Allen continues to be a virtual fountain of interesting criminal and civil cases. Over the weekend, Allen responded to an op-ed in the New York Times in which his adopted daughter, Dylan, 28, who accused him again of sexual abuse. In Allen’s responsive op-ed, he again denies the allegations and blames an overzealous prosecutor. While unnamed, it could only former Litchfield State’s Attorney Frank Maco. Now Maco is suggesting that he may now sue Allen for defamation.

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