We have been following the rapid decline of free speech rights in Europe and Canada. Germany has long been the subject of criticism from the free speech movement. The country has long criminalized speech dealing with World War II and the Nazis. While the real benefit of those laws has been questioned given the long existence of a neo-Nazi groups in the country, prosecutors continue to bring troubling charges against those who voice unpopular or obnoxious beliefs in prohibited areas. The latest is Ursula Haverbeck, an 87-year-old German Neo-Nazi grandmother who has been sentenced to 10 months in prison after being found guilty of denying the Holocaust. She does not believe that the Holocaust was real but, rather than leaving the matter to open debate, the Germans are imprisoning her for either not changing her mind or not staying silent about her views.
In Missouri, there is a deeply unsettling crime involving two boys, aged 13 and 14, where Tanya Chamberlain, 43, was brutally stabbed in the face, neck, chest and hands. After killing her, the two teens went on a joyride with her dead body propped up in the front seat. The case again raises the question of when minors should be be tried as adults in our country.
Today I have the honor of moderating a remarkable panel at the World Bank as part of its Law, Justice, and Development week. The panel entitled “Clean Solutions for Dirty Money: Closing the Implementation Gap” will look at the current status of the global anti-money laundering (AML) legal regime and the need for possible reforms, including such questions as whether there is any concrete, empirical evidence that the regime actually works and whether the compliance costs associated with the regime outweigh whatever effectiveness there is in the system. There are also growing questions over the “opportunity costs” associated with the existing AML regime such as the huge amounts of money being spent on compliance as well as humanitarian costs associated with the restriction on money transfers and movement.
Continue reading “Turley To Moderate Panel On Money Laundering At World Bank”
By Darren Smith, Weekend Contributor
Simple marijuana possession is legal in several states and is likely to be in others in the future. Yet, the taint of a marijuana conviction on record can be a limiting factor for the convicted seeking employment and other benefits–Especially for engaging in an act that is essentially legal in green states. While certainly the courts are under no present obligation to expunge these records, morally it can be argued that state legislatures should put this social handicap to a rest.
Continue reading “It’s Time To Expunge Minor Marijuana Conviction Records In Legal States”
By Darren Smith, Weekend Contributor
Last week I featured an article describing how the Washington State Department of Labor and Industries engaged in promoting and displaying the artwork of imprisoned capital murderer Leonard Peltier at its headquarters. The article and enquiries I made to various law enforcement officials and the former FBI Agent’s Association generated a considerable backlash against the agency for its actions.
On Friday I met with KING-5 News reporter Drew Mikkelson and Former FBI Agent Ray Lauer representing the Seattle Chapter of the Retired FBI Agent’s Association at the behest of its national headquarters, for interviews on this controversy. The story was featured on the medium’s 6:30 broadcast.
Leonard Peltier was convicted of two counts of murder in the deaths of FBI Agents Jack Coler and Ron Williams, both twenty-eight years old at the time. On the fortieth anniversary year of the deaths, Labor and Industries hosted the artwork of Leonard Peltier which sparked outrage among former FBI agents, the law enforcement community, and family members of the deceased agents.
In an interview, L&I’s spokesman Tim Church explained that his agency did not intend to further Peltier’s cause by displaying his art, yet his agency did just that by its promotion. The Washington agency further claimed that his paintings were part of the Native American contribution to the art during a Native American Heritage Month celebration. The agency was displaying a selection of other works, however displayed Mr. Peltier’s art more prominently in the main rotunda of the headquarters next to the main entrance. Moreover the government provided flyers and cards attached to the paintings directing the viewer on how to contact the gallery. Though I saw and photographed these promotional materials during my first visit to the headquarters, the department removed these prior to our arrival for the interviews.
Free speech advocates are increasingly uneasy about the response of University of Missouri to protests of racism on campus. Some of the incidents described by students are exercises of free speech. Those concerns were heightened with the videotape of a communications professor harassing and trying to get students to “muscle” out a student journalist. This concern was heightened even further by police asking students to report “hateful and/or hurtful” speech. We have been discussing the erosion of free speech on our campuses and the message seemed to invite the type of speech regulation that has been on the rise. Citizens are allowed to say “hurtful” things without being forced to answer for their exercise of free speech. Monitoring and punishing hurtful statements threatens the most basic values of free speech in our universities. For those with controversial views, the police policy must have had the same feel as Mass communications professor Melissa Click calling for a show of “muscle” to target journalists. A complaint was filed by the student journalist against Professor Click who has now resigned her position.
Continue reading “University of Missouri Police Tell Students To Report “Hurtful” Statements”
We have been discussing the alarming erosion of free speech in Canada in the last few years — part of a trend in the West. Those concerns have been rekindled by the trial of Roy Arthur Topham, who was charged with promoting hatred against Jewish people through his website RadicalPress.com. He was arrested by the RCMP Hate Crimes Unit in 2012.
Continue reading “British Columbia Man Stands Trial For The Crime Of Criticizing Jews On His Blog”
There is an extraordinary verdict of of Seattle where Illinois businessman James R. Hausman was awarded $21.5 million in damages after he suffered minor brain injury when he was struck in the head by a sliding-glass door on the Holland America cruise line’s Pacific fleet flagship, the M/S Amsterdam. The videotape below does not exactly scream out liability, let alone massive punitive damages, but the unanimous 8-person jury clearly view the company as ignoring repeated injuries to dozens of passengers from the doors on various ships. The defense proved to the jury’s satisfaction that the company had shortened the time for the doors to remain open — allegedly to save money on air conditioning.
This week my two great loves have finally been joined. Tort law and football have come together with a lawsuit planned by San Francisco 49er running back Reggie Bush against the city of St. Louis for a slip-and-fall injury at the Edward Jones Dome during a game. With Raiders Linebacker Ray-Ray Armstrong reportedly under criminal investigation for taunting of a police K-9. As he ran out on to the field for the game against the Steelers at Heinz Field, this month is proving a virtual litigation scrum.
Continue reading “Reggie Bush To Sue St. Louis For Game Slip-And-Fall”
Today I will have the pleasures of speaking at The Federalist Society’s 2015 National Lawyers Convention being held at the Mayflower Hotel in Washington, D.C. The theme for this year’s convention is: The Role of Congress. I will be on a panel entitled “Administrative Law: Agency Rule: How Congress Can Reclaim its Legislative Authority” starting at 2 pm in the State Room. I will have the honor of speaking with Hon. Tom Coburn, Former United States Senator, Oklahoma; Mr. Christopher C. DeMuth, Distinguished Fellow, Hudson Institute; and Prof. Michael Uhlmann, Claremont Graduate University. The panel will be moderated by the Hon. A. Raymond Randolph, U.S Court of Appeals for the District of Columbia.
Continue reading “Turley to Speak Thursday At Federalist Conference In Washington”
Raiders Linebacker Ray-Ray Armstrong is reportedly under criminal investigation for taunting of a police K-9 as he ran out on to the field for the game against the Steelers at Heinz Field. It is a crime in Pennsylvania to taunt a K-9. As many of you know, I am pretty over-the-top dog lover but I seriously question the need to criminalize such an encounter in the super charged atmosphere of a football game. Once again, I fail to see why such matters cannot be handled with a simple reprimand and an apology rather than criminalize thoughtless or obnoxious behavior.
I was returned late last night from a wonderful visit to Abington Pennsylvania where I had the honor of serving as the 33rd Frobese Lecturer at the Abington Hospital outside of Philadelphia. This is an extraordinary tradition started to honor an extraordinary man of medicine. While the Frobese lecturer is usually a medical doctor, the staff broke from that aspect of the tradition to allow a J.D. to join the staff for the purposes of delivering the three speeches associated with Frobese day. It was a great experience not just to get to know the staff of this amazing medical center but to visit this lovely part of the Pennsylvania.
The controversy surrounding the resigned of University of Missouri System President Tim Wolfe this week. Critics continue to debate whether Wolfe acted in a way that warranted demands for his removal while others view racial incidents on campus as the fault of the Administration. This is a worthy debate for any university. However, a recent incident should raise equally determined calls for the removal of school officials who appear to have led attacks on the media and free speech as part of student protests. Mass communications professor Melissa Click has since apologized for disgraceful conduct in attacking the media — a curious act by a mass communications professor and the antithesis of an academic committed to free speech.
A federal appeals court said President Obama’s own words claiming powers to “change the law” were part of the reason it struck down his deportation amnesty, in a ruling late Monday that reaffirmed the president must carry out laws and doesn’t have blanket powers to waive them.
The United States Court of Appeals for the Fifth Circuit has ruled that President Barack Obama violated the Constitution in order unilateral changes to immigration laws in the latest such ruling against executive overreach by the President. The President’s own words were used by the panel to rule that he intended to unilaterally change the law.
The Supreme Court has reversed the United States Court of Appeals for the Fifth Circuit in a police shooting case where a police officer who fired six times at the car of a fleeing arrestee. The Court found that the officer was entitled to qualified immunity in a civil suit. The ruling comes as prosecutors filed charges against two Louisiana officers in the Fifth Circuit in the shooting death of a 6-year-old autistic boy. Thirty-two-year-old Derrick Stafford of Mansura and 23-year-old Norris Greenhouse Jr., of Marksville each is charged with second-degree murder and attempted second-degree murder. Bond has been set at $1 million for each officer. The father has not been told that his son was killed.