Below is my column today in the Washington Post (Sunday) Outlook Section. The column concerns the Alvarez case to be heard on Wednesday before the Supreme Court. I have been a long critic of the Stolen Valor Act — not because I am not highly sympathetic to its purpose but because I am concerned about the means of achieving that purpose. I share the anger over people who falsely claim to be war heroes. However, the government often selects popular causes for expanding its power over speech or conduct of its citizens. The question before the Court is really not about this specific form of lying, but the legal basis for criminalizing lies generally. The Act is different in that it seeks to criminalize lies simply because they are lies as opposed to lies that are used to commit a specific crime like larceny or fraud or perjury. I also spoke to NPR on Talk To The Nation on this subject.
Continue reading “The Better Part of Valor: Should Lying About Medals Be A Crime?”
Submitted by Elaine Magliaro, Guest Blogger
Recently, the Wall Street Journal refused to publish a letter on the subject of climate change that was signed by 255 scientists—all of whom are members of the United States National Academy of Sciences. The WSJ chose instead to publish an opinion piece titled No Need to Panic about Global Warming that was written by 16 “other scientists.” It has been reported that the 16 “other scientists” include engineers, a physician, a retired airplane designer, a retired electrical engineer, and astrophysicists. Also included among the “No Need to Panic” authors are two men—one who questions whether smoking causes cancer (Richard Lindzen) and another who does not believe that asbestos is a health hazard (Claude Allegre).
According to Media Matters, most of the scientists who signed the WSJ op-ed do not publish peer-reviewed papers on climate research. In addition, more than a third of them have links to fossil fuel interests.
Peter Gleick, a member of the National Academy of Sciences and a MacArthur Fellow, wrote an article for Forbes descrying the WSJ’s actions.
Gleick wrote:
The Wall Street Journal’s editorial board has long been understood to be not only antagonistic to the facts of climate science, but hostile. But in a remarkable example of their unabashed bias, on Friday they published an opinion piece that not only repeats many of the flawed and misleading arguments about climate science, but purports to be of special significance because it was signed by 16 “scientists.”
Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger
I am the last person that should be defending Pat Buchanan and objecting to his recent termination as a political analyst for MSNBC. However, after thinking about it for a while, I have come to the conclusion that Uncle Pat’s firing is an attack on Free Speech and a continuation of the Fox News type mentality on our cable news stations. Let me first make it clear that most of what Buchanan says on the air is offensive and in some cases, outright disgusting. However, if we cannot say what is on our mind without limits, do any of us really have the freedom to speak our minds? Continue reading “The First Amendment Versus Pat Buchanan?”
-Submitted by David Drumm (Nal), Guest Blogger
“Dr.” Melissa Clouthier (left) isn’t happy with some of the female attendees at CPAC 2012. The Dr. is in quotes because Clouthier is an alternative health “doctor” and part-time chiropractor. That is, a woo-meister, who thinks “Feng Shui makes lots of sense.”
Clouthier has some tips for women who wish to succeed in business or politics.
-Submitted by David Drumm (Nal), Guest Blogger
New Hampshire state Rep. Jeanine Notter (R-Merrimack) won’t be supporting preventative services for women, such as contraceptives, because it causes prostate cancer. I can find no medical studies that dispute Notter’s claim. Oral contraception has been associated with prostate cancer in this article.
H/T: Blue Hampshire.
We previously discussed the abusive arrest of Mark Fiorino by Philadelphia police. Now the American Civil Liberties Union of Pennsylvania and the law firm of McCausland Keen & Buckman have filed a federal complaint today against the city of Philadelphia in his defense. It is an important case and we will be following it closely.
Continue reading “ACLU Files On Behalf Of Gun Owner Abusively Arrested By Philadelphia Police”
State Rep. Alvin Holmes (D-Montgomery) has introduced a bill that tackles that pressing problem of the State of Alabama. No, not high unemployment or crime or foreclosures. He is moving a bill that would ban saggy pants. That’s right, the legislature of Alabama is close to passing a statewide ban on saggy pants. The only thing more questionable than its constitutionality is its necessity. While it may put him at odds with Arizona Democratic state Rep. Katie Hobbs to require airbrushing of any saggy images, they both seem to be working off the sense of legislative priorities.
Continue reading “Alabama House Passes Ban On Saggy Pants”
Arizona Democratic state Rep. Katie Hobbs (shown right in an unairbrushed photo) has tackled what she considers a pressing issue of the day: airbrushing of models to make them look perfect. She wants to require that any advertisers airbrushing models impose the following disclaimer prominently on the ad: “Postproduction techniques were made to alter the appearance in this advertisement. When using this product, similar results may not be achieved.” That is a bit of a buzz kill.
Continue reading “Arizona Legislator Moves To Bar Airbrushing Of Models”
We have followed a disturbing trend of teachers, and other public employees, who have been fired for activities in their private lives, including jobs previously held in the entertainment or sex industries. Now, an elementary teacher in the Bronx, Melissa Petro, has lost her job because she wrote a column in the Huffington Post on her brief stint as a sex worker. Dubbed the “Hooker Teacher,” Petro was shown the door at the demand of Mayor Michael Bloomberg.
A man in his 40s this week died of a heart attack while eating a 6,000-calorie Triple Bypass burger at an aptly named chain that serves up massive burgers and allows grossly obese individuals to eat for free. We previously looked at Heart Attack Grill when its overweight spokesman died at 29. The question is whether a restaurant can be sued for knowingly serving food that comes with a higher risk of death or serious bodily injury — a risk that is openly advertised by the restaurant and assumed by the customer.
The United States Court of Appeals for the Ninth Circuit issued a stinging rebuke to the Justice Department after refusing to remove the name of a prosecutor who acted unethically from an opinion. The effort by the Justice Department to conceal the name of the prosecutor, the court noted, was in sharp contrast to its common heralding of the accomplishments of its prosecutors in public. The move reaffirmed the view of many lawyers that the Justice Department often acts reflexively in defense of its lawyers — often resisting efforts to hold abusive prosecutors accountable. Assistant U.S. Attorney Jerry Albert is accused of misrepresenting a drug defendant’s prior statements when trying to impeach her trial testimony.
There is an interesting product liability case in the making in Niceville, Florida where Tom Holloway, 57, reportedly had his teeth blown out when his electronic cigarette exploded. He also lost part of his tongue and suffered burns on this face. It is not known which brand was allegedly informed in the explosion.
Below is today’s column, which concerns the subject upon which I will be testifying this morning before the full House Judiciary Committee: recess appointments.
Continue reading “Abuse Of Power: Obama’s Recess Appointments And The Constitution”
Below is my testimony this morning before the full House Judiciary Committee on the constitutionality of the recent recess appointments by President Obama. I also wrote a column this morning on that same subject.
Continue reading “Turley Testimony on the Constitutionality of Recess Appointments”
Nancy Grace has long thrived on the carrion of high-profile murders and disappearances. Sometimes, however, there simply is not time to lose to distort facts into a juicy murderous tale. Thus, when Whitney Houston died, Grace was virtually hyperventilating in fashioning the death as a presumptive murder. Grace demanded to know who pushed Houston under the water in her tub or gave her the lethal dose of drugs or both.
Continue reading “Nancy Grace Demands To Know Who Shoved Houston Under The Water”