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In defense of the First Amendment

A police officer forcibly escorted Baltimore Sun photo editor Chris Assaf away from the scene of a police-involved shooting on Feb. 21. He had been taking pictures from outside the police lines, but an officer told him he had to move back further. Assaf protested, stating he was within his First Amendment rights to be where he was standing. Another officer then forced him to move. The Sun is posting all of Assaf’s images from the shooting scene as well as photos taken by Sun photographer Lloyd Fox, who witnessed and documented the incident. Lt. Eric Kowalczk, the chief spokesman for the Baltimore Police Department, said the department has opened an internal investigation into the allegation. He declined to comment more specifically on the incident, “because we have an investigation and we don’t want to prejudice that.” (contains some mildly graphic pictures in both links)
posted by josher71 on Mar 7, 2014 - 112 comments

 

Scalia: the unlikely hero of gay rights

Happy Valentine's day from Justice Scalia: (video) how his dissent in DOMA case US v. Windsor (PDF here) helped lead to recent rulings against state gay marriage bans.
posted by shivohum on Feb 15, 2014 - 29 comments

Carpetbagging in the jet age

Allan Levene really — really — wants to serve in Congress. But he's 64 years old, and says he has no time to build a political resume step by step by getting elected to lesser positions and working his way up. So, he is maximizing the odds by running in four different states simultaneously. He has entered primaries in Hawaii, Michigan, Minnesota and Georgia, which is where he lives. Is this legal? Apparently so, as long as he is a resident, at the time of the November general election, of whichever state he may manage to get elected in. Politifact checked it out with constitutional experts. NPR interview transcript.
posted by beagle on Feb 5, 2014 - 26 comments

Am I being detained? Am I free to go?

Contempt of Cop Activists range from hard-conservative gun rights types, who carry copies of the Constitution in their pockets, to left-leaning civil liberties advocates. In both cases, they triumphantly upload video trophies of their confrontations to the internet. Quite a few show "checkpoint refusals" at roadblocks erected by police looking for drunken drivers, or by federal agents hunting illegal aliens. Courts here have held that police have the right to operate such stops. But the courts have also ruled that citizens are free to remain silent, and can refuse to allow searches and ignore orders to submit to "secondary inspections" unless police detain them — which requires the higher hurdle of reasonable suspicion or probable cause to believe an offence has been committed. [more inside]
posted by modernnomad on Jan 20, 2014 - 168 comments

What worked well 224 years ago is no longer the best we can do.

According to researchers who analyzed all 729 constitutions adopted between 1946 and 2006, the U.S. Constitution is rarely used as a model. What's more, "the American example is being rejected to an even greater extent by America's allies than by the global community at large"...

"There are about 30 countries, mostly in Latin America, that have adopted American-style systems. All of them, without exception, have succumbed to...constitutional crisis[es]—your full range of political violence, revolution, coup, and worse. But well short of war, you can end up in a state of "crisis governance," he writes. "President and house may merely indulge a taste for endless backbiting, mutual recrimination, and partisan deadlock. Worse yet, the contending powers may use the constitutional tools at their disposal to make life miserable for each other: The house will harass the executive, and the president will engage in unilateral action whenever he can get away with it." [Juan Linz] wrote that almost a decade and a half ago, long before anyone had heard of Barack Obama, let alone the Tea Party.
The Atlantic's Alex Seitz-Wald makes a case against the U.S. Constitution: The U.S. Needs a New Constitution—Here's How to Write It.
posted by zardoz on Nov 5, 2013 - 78 comments

McCutcheon v. FEC

Supreme Court to consider lifting campaign contribution limits. Reversing McCutcheon v. Federal Election Commission would allow unlimited individual campaign contributions.
posted by kliuless on Oct 7, 2013 - 101 comments

"I have never been custodian of my legacy."

In Conversation: Antonin Scalia "On the eve of a new Supreme Court session, the firebrand justice discusses gay rights and media echo chambers, Seinfeld and the Devil, and how much he cares about his intellectual legacy ("I don’t")." [more inside]
posted by zarq on Oct 6, 2013 - 89 comments

United States of America

Warning! The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased, entry for the United States of America
posted by Blasdelb on Sep 29, 2013 - 49 comments

But, Mr. Adams!

Need to argue with your crazy uncle about what the Founders really intended? Or maybe you're wondering what an 18th Century AskMe might have looked like. The National Archives has launched Founders Online, a searchable collection of over 100,000 annotated and transcribed documents including letters, speeches, diaries and more from the collected papers of George Washington, Benjamin Franklin, John Adams and family, Thomas Jefferson, Alexander Hamilton, and James Madison.
posted by HonoriaGlossop on Sep 19, 2013 - 23 comments

Only Real Journalists Allowed

Who's a 'journalist'? People who can afford to be- and absolutely not Julian Assange. A US Senate panel has approved legislation to protect journalists from having to reveal their confidential sources. The proposed law defines 'journalism' by profession, and not by practice- shutting out citizen journalists while protecting corporate media.
posted by anemone of the state on Sep 17, 2013 - 93 comments

Marginalia and Annotations online

In literature, there are two key sorts of annotations: marginalia, or the notes jotted down in the margins by the reader, and additional information formally provided in expanded editions of a text, and you can find a bit of both online. Annotated Books Online is an on-line interactive archive of early modern annotated books, where researchers can share digitized documents and collaborate on translations. For insight into a single author's notes, Melville's Marginalia provides just that. For annotations with additional information, The Thoreau Reader provides context for Walden (linked previously), The Maine Woods, and other writings. Then there's the mostly annotated edition Ulysses, analysis of Joseph Conrad's Nostromo, and the thoroughly annotated US constitution (twentieth amendment linked previously). More marginalia and annotations inside. [more inside]
posted by filthy light thief on Sep 14, 2013 - 6 comments

"If you want to claim the Fifth . . ."

In a 5-4 ruling on Salinas vs. Texas, the SCOTUS ruled that silence can be used in court. (PDF) Without being placed in custody or receiving Miranda warnings, Genovevo Salinas voluntarily answered some of a police officer’s questions about a murder, but fell silent when asked whether ballistics testing would match his shotgun to shell casings found at the scene of the crime. During his trial in Texas state court, and over his objection, the prosecution used his failure to answer the question as evidence of guilt. He was convicted, and both the State Court of Appeals andCourt of Criminal Appeals affirmed, rejecting his claim that the prosecution’s use of his silence in its case in chief violated the Fifth Amendment. Analysis on SCOTUSblog
posted by dukes909 on Jun 18, 2013 - 145 comments

Corporations hijacked the First Amendment

The Right to Evade Regulation: How corporations hijacked the First Amendment.
posted by homunculus on Jun 4, 2013 - 12 comments

Iraq's constitution has something America's doesn't: The right to vote

The Missing Right: A Constitutional Right to Vote is an essay regarding the proposed constitutional amendment to provide all Americans the affirmative right to vote and empower Congress to protect this right. The right to vote is the foundation of any democracy and yet, surprisingly, such a right is not part of the constitution. U.S. Reps. Mark Pocan (D-WI) and Keith Ellison (D-MN) are trying to create that right and limit the power of special interest to chip away at it.
posted by 2manyusernames on May 26, 2013 - 29 comments

Rebel Towns

Call it municipal disobedience: communities like Sugar Hill, New Hampshire, are defying laws they deem illegitimate.
posted by the man of twists and turns on May 24, 2013 - 86 comments

"U.S. Practiced Torture After 9/11, Nonpartisan Review Concludes"

Years after the first hints of "harsh interrogation practices" in the US war on terror, years after Obama's decision to "look forward, not back" and not investigate or pursue official torture by the CIA and other agencies, the 577-page Report of the Task Force on Detainee Treatment that was released today is, "[i]n many respects, . . . the examination of the treatment of suspected terrorists that official Washington has been reluctant to conduct." The New York Times' Scott Shane reports. [more inside]
posted by grobstein on Apr 16, 2013 - 51 comments

Beate Sirota Gordon, 1923-2012; "The Only Woman In The Room"

Beate Sirota Gordon, Long-Unsung Heroine of Japanese Women’s Rights, Dies at 89: a NYT obituary relates the fascinating story of a young woman who was just the right person in just the right place at just the right time and managed to strike a blow for gender equality. [more inside]
posted by flex on Jan 4, 2013 - 20 comments

The boat with two captains sinks.

Egyptian President Mohamed Morsy sacks the head of the Army. Hussein Tantawi (head of the Egyptian Army and SCAF) has been dismissed as the Egyptian president asserts his power over the traditionally dominant military. Morsy has also cancelled the SCAF memorandum keeping legislative powers with the military council, and it's widely thought that the fight over that will end up at the constitutional court again. If the cancellation stands, Morsi will also have almost complete control of the constitutional drafting process.
posted by Hosni Mubarak on Aug 13, 2012 - 36 comments

Tie game. Bottom of the 9th. Bases loaded. Two outs. Three balls. Two strikes. And the pitch...

In less than an hour, the Supreme Court will hand down its final judgment in what has become one of the most crucial legal battles of our time: the constitutionality of President Obama's landmark health care reform law. The product of a strict party line vote following a year century of debate, disinformation, and tense legislative wrangling, the Affordable Care Act would (among other popular reforms) require all Americans to buy insurance coverage by 2014, broadening the risk pool for the benefit of those with pre-existing conditions. The fate of this "individual mandate," bitterly opposed by Republicans despite its similarity to past plans touted by conservatives (including presidential contender Mitt Romney) is the central question facing the justices today. If the conservative majority takes the dramatic step of striking down the mandate, the law will be toothless, and in danger of wholesale reversal, rendering millions uninsured, dealing a crippling blow to the president's re-election hopes, and possibly endangering the federal regulatory state. But despite the pessimism of bettors, some believe the Court will demur, wary of damaging its already-fragile reputation with another partisan 5-4 decision. But those who know don't talk, and those who talk don't know. Watch the SCOTUSblog liveblog for updates, Q&A, and analysis as the truth finally comes out shortly after 10 a.m. EST.
posted by Rhaomi on Jun 28, 2012 - 1173 comments

"You don’t defeat terrorists by adopting their tactics" - Del. Bob Marshall

"The legislative goal of HB1160 is to codify in Virginia law noncompliance with...section 1021 and 1022 of the National Defense Authorization Act of 2012 (NDAA)." [more inside]
posted by dubold on Feb 23, 2012 - 36 comments

Professors have status and responsibility?

Taking their position of status and responsibility into account, Germany's Constitutional Court has ruled that German university professors are underpaid. [more inside]
posted by justsomebodythatyouusedtoknow on Feb 14, 2012 - 46 comments

Obama says no-go to Pro Forma sessions

Presidential appointments that require Senate confirmation can be made without confirmation by the President when the chamber is in recess: a so-called recess appointment, wherein the appointee is allowed to serve until the end of the next congressional session. During the Bush II administration, Senate Majority Leader Harry Reid began holding pro forma sessions every three days—a local Senator gavels the session in and immediately back out—to ensure that the Senate never went into recess and as a result, Bush stopped confirming recess appointments. When the Obama administration took over, the Republicans began holding the same pro forma sessions to prevent Obama from appointing any positions in recess. This week, Obama made four appointments, including Richard Cordray to the newly created role of director of the Consumer Finance Protection Bureau, despite the fact that the Senate is not in technical recess. [more inside]
posted by disillusioned on Jan 5, 2012 - 113 comments

Irvine 11 Guilty Verdict

In February of 2011, eleven students that attended UC Irvine and UC Riverside went to a fundraising speech featuring Israeli Ambassador to the U.S., Michael Oren, at the UC Irvine campus. During Oren's speech, students would stand up, shout an objection to Oren's speech, and then would allow themselves to be escorted by security, essentially causing a "heckler's veto." They were arrested, charged, and today found guilty of disrupting Oren's speech. [more inside]
posted by jabberjaw on Sep 23, 2011 - 59 comments

Want To Go For A Hike?

The perfect location for the perfect crime. Due to a loophole in the US Constitution there is an area of Yellowstone Park where you may be able to get away with a major crime. U Michigan Prof Brian C Kalt looks into this loophole and gauges your chance at success. Someone has tried. [more inside]
posted by stp123 on Aug 21, 2011 - 36 comments

No First Amendment Right to Bark at a Police Dog

An Ohio trial court judge last Friday in State v. Stephens [.pdf] held that there is no First Amendment right to bark at a police dog. [more inside]
posted by T.D. Strange on Jul 26, 2011 - 35 comments

"...nor shall be compelled in any criminal case to be a witness against himself..."

Public interests will be harmed absent requiring defendants to make available unencrypted contents in circumstances like these. Failing to compel Ms. Fricosu amounts to a concession to her and potential criminals (be it in child exploitation, national security, terrorism, financial crimes or drug trafficking cases) that encrypting all inculpatory digital evidence will serve to defeat the efforts of law enforcement officers to obtain such evidence through judicially authorized search warrants, and thus make their prosecution impossible.

The "if you were innocent, you'd have nothing to hide" argument rears its head, in a big way. [more inside]
posted by fifthrider on Jul 11, 2011 - 215 comments

George W. Obama

In a 32 page report to Congress [pdf] President Obama concludes:
...the current U.S. military operations in Libya are consistent with the War Powers Resolution and do not under that law require further congressional authorization, because U.S. military operations are distinct from the kind of “hostilities” contemplated by the Resolution’s 60 day termination provision.
Now, the New York Times reports that this legal opinion was reached by rejecting the views of top lawyers at the Pentagon and the Justice Department. It is instructive to compare President Obama's actions with those of his predecessor, George W. Bush. [more inside]
posted by ennui.bz on Jun 20, 2011 - 240 comments

Ask me about my gun collection. No wait... don't.

Do doctors violate the 2nd Amendment when they ask their patients if they own guns? May the government force doctors to stop asking that without violating the 1st Amendment?
posted by steambadger on May 13, 2011 - 151 comments

brittle efficiency and shallow triumphalism

Fareed Zakaria: Are America's Best Days Behind Us? - "We have an Electoral College that no one understands and a Senate that doesn't work, with rules and traditions that allow a single Senator to obstruct democracy without even explaining why. We have a crazy-quilt patchwork of towns, municipalities and states with overlapping authority, bureaucracies and resulting waste. We have a political system geared toward ceaseless fundraising and pandering to the interests of the present with no ability to plan, invest or build for the future. And if one mentions any of this, why, one is being unpatriotic, because we have the perfect system of government, handed down to us by demigods who walked the earth in the late 18th century and who serve as models for us today and forever. America's founders would have been profoundly annoyed by this kind of unreflective ancestor worship." [for/against]
posted by kliuless on Apr 17, 2011 - 93 comments

“An Act for the Relief of Sick and Disabled Seamen.”

Congress Passes Socialized Medicine and Mandates Health Insurance – In 1798
posted by cthuljew on Jan 20, 2011 - 48 comments

Marriage Commissioners must wed same-sex couples

Right before the 10th anniversary of the first same-sex marriage in Canada, Saskatchewan's highest court has ruled that a proposed law allowing provincial marriage commissioners to refuse to wed same-sex couples is unconstitutional. Thecourt.ca gives its thoughts on the decision and the social context surrounding it.
posted by Lemurrhea on Jan 19, 2011 - 40 comments

In Democratic America, agents search YOU!

"The [Customs and Border Patrol] specifically wanted laptops and cell phones and were visibly unhappy when they discovered nothing of the sort." [more inside]
posted by notion on Jan 13, 2011 - 78 comments

United States v. Tiede

On August 30, 1978 a Polish airliner was hijacked and redirected to Tempelhof airport in West Berlin. Torn between a policy of supporting defection and a recently-signed anti-hijacking treaty, the West German government ceded jurisdiction over the defendants to the United States government, which was still technically an occupying power and had an interest in the case because of the US Air Force Base at Tempelhof. The result was the one and only decision rendered by the United States Court for Berlin, United States v. Tiede. [more inside]
posted by jedicus on Jan 7, 2011 - 13 comments

Secret Messages In Your Underwear

The 4th Amendment Underclothes are a way to send a message to the TSA. Next time you undergo an X-ray body scan, wear these and let the law enforcers know you won't be scanned without at least reminding them what they violate when they do so.
posted by fantodstic on Dec 28, 2010 - 64 comments

The fundamental problem is that terrorism is innovative while TSA policy is reactive

A Nude Awakening - The TSA and Privacy. An insightful article about the TSA and fundamental freedoms from the Oklahoma Daily Student newspaper. via
posted by blue_beetle on Dec 6, 2010 - 48 comments

And the Articles of this confederation shall be inviolably observed by every State, and the union shall be perpetual...

“It’s time to return America to the common sense conservative principles of limited government, free enterprise, and individual responsibility. The Repeal Amendment would provide a check on the ever-expanding federal government, protect against Congressional overreach, and get the government working for the people again, not the other way around. In order to return America to opportunity, responsibility, and success, we must reverse course and the Repeal Amendment is a step in that direction.” —incoming House Majority Leader Eric Cantor (R-Va.), on a proposed amendment allowing a 2/3 vote by the state governments to overturn any federal law or regulation. [more inside]
posted by kipmanley on Nov 30, 2010 - 134 comments

The 28th through 51st Amendments to the United States Constitution

A 136-person Senate. A 1,000-strong House. A 12-person Supreme Court. A President with a line-item veto whose one term is six years. Mandatory national service. A balanced budget requirement. Some of the 23 measures that Prof. Larry Sabato proposes be enacted at a Second Constitutional Convention in his 2007 book A More Perfect Constitution. (And readers' suggestions for the 24th measure.)
posted by WCityMike on Aug 7, 2010 - 105 comments

No Citizenship for You, Anchor Baby.

Senate Minority Leader Mitch McConnell has joined several other key Republican leaders and conservative commentators who are calling for Congress to review the Citizenship Clause of the 14th Amendment to the U.S. Consitution. The Citizenship Clause has been interpreted, since the Supreme Court decision United States v. Wong Kim Ark in 1898, to give "birthright citizenship" to children born on U.S. soil to non-citizens (whom some GOP politicans call "anchor babies"). McConnell's comments are not the first time (see section "A Sensible Immigration Policy") the GOP has tried to question the clause. Some see the move as another attempt to capitalize on anti-immigration sentiment in the build-up to the mid-term elections.
posted by aught on Aug 3, 2010 - 215 comments

10 Rules for Dealing with Police

1. Always be calm and cool. 2. You have the right to remain silent. 3. You have the right to refuse searches... 10 Rules for Dealing with Police. [more inside]
posted by alms on Apr 21, 2010 - 119 comments

Gideon's Strumpets?

Former Second Daughter Liz Cheney (who, it should be noted, received her JD from The University of Chicago Law School in 1996) and her Keep America Safe 501(c) posted a video demanding that the Justice Department publicly release the names of its "Al Quaeda Seven," seven Justice employees who served as counsel for Guantanamo detainees. Reaction has been swift and fierce. [more inside]
posted by sallybrown on Mar 11, 2010 - 114 comments

The Continuation of the Scheme

"This was national scripture, a piece of our Constitution's history," she said of her find in November. "It was difficult to keep my hands from trembling."
posted by Joe Beese on Feb 2, 2010 - 40 comments

Don't believe in God? Can't hold office.

Asheville, NC City Councilman-elect Cecil Bothwell is scheduled to be sworn in today. But critics of Bothwell say he cannot hold office citing NC's constitution which states: "The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God.” [more inside]
posted by paulinsanjuan on Dec 8, 2009 - 72 comments

There Will Be Blood

"I was just sick and tired of Texas law that allowed the defendant to destroy the very evidence that we need to protect society." Starting September 1st, police in Texas will be able to draw blood for alcohol testing from anyone involved in an auto accident without a warrant. Lauded by law enforcement officials such as Williamson County DA John Bradley (quoted above), and Dallas Police Chief David "we believe in the no-refusal process," Kunkle, it has others worried about what happens if someone refuses the test.
posted by nushustu on Aug 25, 2009 - 121 comments

By The Content Of Their Character

Today, on the last day of this year's term, the Supreme Court of the United States issued its opinion in Ricci v. DeStefano, the latest in the Court's line of decisions on Title VII and the role of race in employment decisions. The famous case centers on white firefighters' claims of race discrimination following the town of New Haven's decision to scuttle a promotion exam after white test takers performed disproportionately better than black firefighters. [more inside]
posted by Law Talkin' Guy on Jun 29, 2009 - 89 comments

Don't Ask, Don't Tell

A Gay Soldier's Husband — In the backdrop of the conservative activist Supreme Court's recent decision against hearing a challenge to the US military's "Don't Ask, Don't Tell" policy, one gay American relates the difficulties he faces having a partner on active duty in Iraq. In Iraq itself, death squads continue to murder gay and lesbian Iraqis, while American occupying forces look the other way.
posted by Blazecock Pileon on Jun 10, 2009 - 73 comments

It was worse than you thought.

The Obama Justice Department has released nine legal memos from the Bush administration that assert broad extra-Constitutional powers for the president. The memos assert that both the First and Fourth Amendments may be subordinated to the needs of wartime. [more inside]
posted by EarBucket on Mar 2, 2009 - 81 comments

Ibuprofen: serious business

In 2003 a school official ordered that a student be searched for the substance known as 2-[4-(2-methylpropyl)phenyl]propanoic acid. The case has now made its way to the United States Supreme Court. [more inside]
posted by mullingitover on Jan 16, 2009 - 99 comments

Ratify it! Ratify it! Ratify it!

On 5 December 1933, 75 years ago today, Utah became the 36th state to ratify the Twenty-First Amendment of the United States Constitution, signalling the end of the Prohibition era.
posted by HaloMan on Dec 5, 2008 - 32 comments

Pleasant Grove City v. Summum

The previously-mentioned Summums want to place their own monument in a park which contains the Ten Commandments, making the Supreme Court's heads explode in a a hilariously weird oral argument[pdf]: "Scalia: I don't know what that means. You keep saying it, and I don't know what it means. [...] Breyer: Suppose that there certain messages that private people had like "eat vitamins"—and then somebody comes along with a totally different content, "ride the roller coaster," and they say this part of the park is designed to get healthy children, not put children at risk." [more inside]
posted by Non Prosequitur on Nov 13, 2008 - 116 comments

The Right to Sleep

Crimes of Necessity On Oct. 14 2008 the B.C. Supreme Court handed down a landmark decision declaring that, due to the lack of adequate homeless shelters, it was unconstitutional for the City of Victoria to prevent homeless individuals from erecting temporary structures for protection from the elements. The ruling culminates a multi-year campaign by David Arthur Johnston to establish the "right to sleep". As the decision is based on an interpretation of Canada's Charter of Rights and Freedoms, the ruling applies to every municipality in Canada. In the wake of the decision, Victoria City Council passed a resolution which stipulates that such shelters must be removed by 7:00 each morning. [more inside]
posted by dinsdale on Oct 26, 2008 - 100 comments

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