Latest Articles: U.S. Constitution
Women can't revoke consent to sex once underway, NC law states
Post Date: 2017-06-24 09:07:51 by cranky
You hear the phrase 'no means no' thrown around when it comes to a woman's ability to protect herself from unwanted sexual advances, but in the state of North Carolina - no doesn't always mean no.The Fayetteville Observer recently posted a story about a teenage girl who said she was at a party when a man pulled her into a bathroom to have sex. She initially consented, but told police when the sex turned violent, she told the man to stop. And he didn't.The North Carolina Supreme Court ruled in 1979, in State v. Way, that women cannot revoke consent after sexual intercourse begins. State v. Way (297 N.C. 293) states that if [intercourse begins] with the victim's ...
Supreme Court Strikes Down Ban on ‘Racially Disparaging’ Trademarks
Post Date: 2017-06-19 18:18:34 by cranky
The Supreme Court affirmed the Court of Appeals for the Federal Circuit Monday, holding that a law prohibiting disparaging trademarks violates the First Amendment. The unanimous Court in Matal v. Tam struck down a provision of the Lanham Act, the main law on trademarks, that barred the Patent and Trademark Office from issuing any trademark protections to marks that may disparage
persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute. This case concerned a rock band called the The Slants, a reference to the racial slur for Asians. When Simon Tam, the bands Asian-American frontman, tried ...
Longmont Housing Authority invited police to search low-income apartments without warrants
Post Date: 2017-06-08 10:09:49 by Deckard
LONGMONT, COLO. - Some powerful people in Longmont appear to have forgotten that the Constitution still exists.The Longmont Housing Authority says it was using the homes of low-income residents to train police drug dogs. There werent warrants, but simply a notice that the landlord was coming, and a police officer and drug dog would be there, too.The letter to residents of The Suites low-income housing community starts with standard stuff, notifying them of an inspection. That's what landlords across Colorado do. The Sutites, a low-income housing community in Longmont less Then it mentions the police officer and drug dog. Nowhere in the letter are residents told that while they ...
Woman left with life-threatening heart condition after parents chose prayer over medical treatment
Post Date: 2017-06-01 20:07:14 by Willie Green
Mariah Walton was diagnosed with congential heart disease aged 18Mariah Walton says parents and guardians in Idaho should be required by law to treat ill children. Screenshot from KTVB footage A woman whose life is threatened by heart and lung complications was left permanently disabled after her parents rejected medical treatment and prayed for her recovery instead. Mariah Walton was born with a small hole in her heart, which could have been repaired in early life, but is now in and out of hospital for her condition, which has become life-threatening. The 21-year-old and her siblings, from the US state of Idaho, are now campaigning for a change in the law so parents such as theirs who ...
Law Enforcement 'Training And Expertise' On Parade!
Post Date: 2017-05-26 08:47:00 by Deckard
from the all-the-ineptitude-that's-fit-to-print dept This is just a periodic reminder that these are the sort of people whose "experience" and "expertise" are routinely granted massive amounts of deference by judges (and stenographers pretending to be journalists). Warrant affidavits providing more detail about the requesting officer's law enforcement career than the target of the search are often rubberstamped into actionable pieces of paper. (But not always!) And yet, these experienced experts look far more mortal when their actions are given something more than a cursory examination. Exhibit A: the Odessa PD's crack team of trained experts who ...
4th Circuit Court Ruling Keeps Trump's Travel Ban On Hold
Post Date: 2017-05-25 16:28:33 by misterwhite
The 4th U.S. Circuit Court of Appeals has ruled that President Trump's controversial travel ban should be kept on hold, maintaining a nationwide preliminary injunction that blocks key elements of the executive order from being enforced. A 13-judge panel of the court heard arguments over the ban earlier this month. In Thursday's decision, the chief judge writes that the travel ban "drips with religious intolerance, animus, and discrimination." Trump has signed two executive orders restricting travelers from a handful of majority-Muslim countries and putting a temporary moratorium on refugees. The first prompted chaos and was swiftly challenged in court. It was replaced by ...
Hawaii Lawyer: Trump Exec Order Violates 1st Amendment Because Honor Killings Are Islamic
Post Date: 2017-05-15 16:11:35 by cranky
The lawyer representing the State of Hawaii in the U.S. Court of Appeals for the Ninth Circuit today has stated the collection of data with regards honor killings should be removed from President Trumps Executive Order in order to pass constitutional muster. In his arguments, Neal Katyal stated today that the collection of such data as outlined by the Executive Order 13780 contravenes the Establishment Clause, in the First Amendment of the Constitution of the United States: Congress shall make no law respecting an establishment of religion
. In doing so, Katyal appears to be making the case that honor killings murder committed in the name of ...
Carrying a Gun Does Not Justify Detention, Indiana Supreme Court Says
Post Date: 2017-05-12 12:48:13 by Deckard
Since possessing a firearm in public may be perfectly legal, more is required for a police stop.In a victory for Second and Fourth amendment rights, the Indiana Supreme Court ruled this week that public possession of a handgun is not enough, by itself, to justify stopping and questioning someone. That conclusion is consistent with what the U.S. Supreme Court has said about the "reasonable suspicion" that police need to detain people. The case, Pinner v. Indiana, began with a call to Indianapolis police by a taxi driver who reported that "a black male wearing a blue jacket," accompanied by a "black female with blonde hair," had dropped a gun as he was getting ...
FBI Releases 'Study' Of Law Enforcement's Persecution Complex
Post Date: 2017-05-12 11:36:23 by Deckard
from the less-work,-more-griping dept In what may be an attempt to bolster now ex-FBI director James Comey's oft-derided "Ferguson Effect" claims, the FBI has released a "study" that gathers facts feelings from law enforcement officers around the US and attempts to build a narrative somewhere between "life is unfair" and "there's a War on Cops." It's not a study. It's an opinion poll with the word "study" appended to it. In short, the Ferguson Effect theory is this: cops are afraid to do their jobs because they're undergoing intense scrutiny in the wake of controversial shootings. It's bullshit, but there are ...
Latest Attack On A Free Press: Reporter Arrested For Asking Questions To Trump Administration Officials
Post Date: 2017-05-12 11:28:16 by Deckard
from the um-what? deptAnother day, another attack on a free press. The latest: a long-time reporter, Daniel Heyman, of the Public News Service in West Virginia was arrested for asking questions of Trump administration officials. Heyman yelled some questions to Health & Human Services Director Tom Price along with White House senior advisor Kellyanne Conway: Daniel Ralph Heyman, 54, with the Public News Service of West Virginia, was freed on $5,000 bond Tuesday night on a charge of "willful disruption of government processes," according to a criminal complaint. The above defendant was aggressively breaching the secret service agents to the point where the agents were ...
Shot clock on regulation repeal running out -- or is it? [Congressional Review Act]
Post Date: 2017-05-10 00:26:09 by Tooconservative
The renewed Republican control of Washington DC has produced one unique outcome an unprecedented use of the Congressional Review Act. Congress passed the CRA in 1996 as a legislative veto on regulations passed within a particular time frame, but it had been used previously only once (in 2001) for a single regulation on ergonomic mandates. Since January, though, Congress has repealed 14 lame-duck regulations issued by the Barack Obama administration, fulfilling campaign promises made over the final months of the 2016 election cycle. Thats as far as it goes, Politicos Alex Guillen reported on Sunday. The time limit on review of new regulations will expire on midnight ...
Priebus admits Trump has looked into changing the First Amendment
Post Date: 2017-05-01 10:40:02 by Willie Green
White House Chief of Staff Reince Priebus admitted during a Sunday morning interview with ABC's Jonathan Karl that the Trump administration has "looked at" a constitutional amendment to free speech protections. Karl sought to clarify President Trump's tweet that "the failing New York Times has disgraced the media world. Gotten me wrong for two solid years. Change the libel laws?" "That would require, as I understand it, a constitutional amendment," Karl said. "Is he really going to pursue that? Is that something he wants to pursue?" "I think it's something we've looked at," Priebus replied in the affirmative. "How that ...
Gorsuch Puts Down the Left’s Serial Rapist
Post Date: 2017-04-27 11:42:40 by Tooconservative
A few months after lefty activists crowded Washington D.C. for the Womens March, activists from many of those same organizations went to bat for a serial rapist and murderer. Ledell Lees victims were all women. While he was on trial for the rape and murder of Debra Reese, the testimony of three of his rape victims was presented. Lee had made a habit of knocking on doors and asking to borrow some tools to see whether a womans husband might be home. Debra Reese called her mother and told her that a strange man had tried to borrow some tools. A few minutes later, Ledell Lee had beaten her to death with a tire thumper. Marks on her neck showed that the former baby ...
The Iron Jaws of the Police State: Trump’s America Is a Constitution-Free Zone
Post Date: 2017-04-27 05:27:20 by Deckard
Policing is broken... It has evolved as a paramilitary, bureaucratic, organizational arrangement that distances police officers from the communities theyve been sworn to protect and serve. When we have shooting after shooting after shooting that most people would define as at least questionable, its time to look, not just at a few bad apples, but the barrel. And Im convinced that it is the barrel that is rotted. Norm Stamper, former Seattle police chief Please. Somebody give Attorney General Jeff Sessions a copy of the Constitution. And while youre at it, get a copy to President Trump, too. In fact, you might want to share a copy with the ...
U.S. chief justice alarmed at Trump administration immigration case stance
Post Date: 2017-04-26 20:03:53 by cranky
FILE PHOTO: U.S. Supreme Court Chief Justice John Roberts speaks at the dedication of the Smithsonian's National Museum of African American History and Culture in Washington, U.S., September 24, 2016.U.S. Chief Justice John Roberts took issue on Wednesday with the Trump administration's stance in an immigration case, saying it could make it too easy for the government to strip people of citizenship for lying about minor infractions. Roberts and other Supreme Court justices indicated support for a deported ethnic Serb immigrant named Divna Maslenjak over her bid to regain her U.S. citizenship after it was stripped because she falsely stated her husband had not served in the Bosnian ...
Tempers flare at Supreme Court over religious liberty case
Post Date: 2017-04-20 17:12:34 by Tooconservative
Arguments in a high-profile religious liberty case caused tempers to flare on both sides of the Supreme Court's ideological divide Wednesday. The high court waited for several months to hear Trinity Lutheran Church of Columbia v. Comer, and did so with a full nine-justice court bolstered by the addition of Justice Neil Gorsuch, who joined the court this month. At issue in Trinity Lutheran is whether Missouri violated the Constitution in its decision to bar a church-operated daycare and preschool from a state program that provides funding to nonprofits to resurface playgrounds. Missouri's Constitution includes a provision that prevents public funds from directly or indirectly ...
She called 911 because someone in her yard was on drugs. Police shot her service dog. (Another Innocent Drug War Victim) [Full Thread]
Post Date: 2017-04-20 11:09:45 by Deckard
A 2-year-old service dog in training named Crios is dead in Pueblo, Colorado, having been shot several times by police early Friday morning. That much is certain. But while the Pueblo Police Department maintains that its officer acted appropriately to defend himself from serious injury, the dogs owner is accusing the officer of using excessive force and escalating the situation, according to local media reports. Leslie Hanson, who told the Colorado Springs Gazette that she suffers from post-traumatic stress disorder, reportedly awoke Friday at around 5 a.m. to noise in her front yard. Thinking someone was trying to break in, she told the Gazette she had the gun she owns ...
Officer Feelgood, Meet the Constitution
Post Date: 2017-04-14 06:18:42 by Deckard
Cops who stop motorists to give them stuff are abusing their power.When Officer Cameron Burke pulled over Jenna Rodgers, a student at Warwick High School in Lititz, Pennsylvania, and told her she had exceeded the speed limit by 15 miles an hour, she was confused because she knew she hadn't. It turned out the traffic stop had been arranged by her boyfriend, Collin Kauffman, who approached her car holding a sign that said, "You're under arrest if you don't say yes. Prom?"Whether Kauffman's promposal strikes you as charming or alarming will depend on your attitude toward police and the restrictions imposed on them by the Constitution. Although everyone involved ...
Five Crucial Cases Gorsuch Will Help Decide
Post Date: 2017-04-10 12:33:03 by Tooconservative
Neil Gorsuch was sworn in as the Supreme Courts long-awaited ninth justice at roughly 11 a.m. on Monday morning now he will jump immediately into the legal fray on a slew of consequential upcoming cases. Here are several of the most important cases to be heard in the next year, in which his fifth vote could flip what could otherwise have been a 4-4 decision: Trinity Lutheran Church of Columbia v. Comer Gorsuch will hear this cases oral arguments on April 19, just a little over a week after he is sworn in. This is the last major case the court will consider before the 2016-2017 term ends. The Missouri Department of Natural Resources (DNR) awarded ...
Here’s The 10 Step Process to Engage The Senate’s ‘Nuclear Option’
Post Date: 2017-04-05 22:59:25 by Tooconservative
Unless something changes in the next few hours, it appears that at least 41 Democrats, according to The Washington Post and other media outlets, will attempt to block the nomination of Neil Gorsuch on the Senate floor. That could potentially cause Republicans to trigger the so-called "nuclear option" and vote to kill the filibuster for Supreme Court nominees. That number is key in Congress' 100-member upper chamber, where 60 votes are required to do pretty much anything (except appoint federal judges to courts other than the Supreme Court, but more on that in a minute). If Republicans can't get 60 votes to close off debate on Gorsuch's nomination, Democrats would be ...
DEA Seized $4 Billion From People Since 2007. Most Were Never Charged with a Crime
Post Date: 2017-03-30 05:34:37 by Deckard
A new government watchdog report finds the DEA grabs cash just for the sake of grabbing cash, raising civil liberties concerns.The Drug Enforcement Administration seized more than $4 billion in cash from people suspected of drug activity over the last decade, but $3.2 billion of those seizures were never connected to any criminal charges. A report by the Justice Department Inspector General released Wednesday found that the DEA's gargantuan amount of cash seizures often didn't relate to any ongoing criminal investigations, and 82 percent of seizures it reviewed ended up being settled administrativelythat is, without any judicial reviewraising civil liberties concerns. In ...
Robert Barnes: Can Trump Legally Stop Sanctuary Cities? Yes. Remember Brown v. Board of Education
Post Date: 2017-03-28 09:05:22 by cranky
Over 100 jurisdictions, from Manhattan to Malibu, refuse to assist federal law enforcement in their immigration law enforcement duties, especially as to criminal aliens arrested for crimes here in the United States but released before federal law enforcement can detain and deport. These governments labeled themselves sanctuary cities, but a better label would be secessionist cities. Two means of redress and remedy exist: first, the current path, of defunding sanctuary cities, a path much more legally perilous, but well-founded in the same doctrine that integrated American society; and second, an alternative, complimentary path of funding law-abiding cities with aid to enforce ...
Trump shifts blame to Freedom Caucus
Post Date: 2017-03-27 09:13:34 by Gatlin
WASHINGTON (AP) President Donald Trump on Sunday attacked conservative lawmakers for the failure of the Republican bill to replace former President Barack Obama's health care law, as aides signaled a greater willingness to work with moderate Democrats on upcoming legislative battles from the budget and tax cuts to health care. On Twitter, Trump complained: "Democrats are smiling in D.C. that the Freedom Caucus, with the help of Club For Growth and Heritage, have saved Planned Parenthood & Ocare!" The Freedom Caucus is a hard-right group of more than 30 GOP House members who were largely responsible for blocking the bill to undo the Affordable Care Act, or ...
Kansas Supreme Court Rules That a Reclined Car Seat Is Suspicious Behavior & Can Be Used by Police as a Justification for Warrantless Searches
Post Date: 2017-03-22 06:32:10 by Deckard
TOPEKA, Kan. Declaring that motorists who recline their car seats are guilty of suspicious behavior, the Kansas Supreme Court has given police the green light to carry out warrantless searches of cars in which the seats are in a reclined position and plastic baggies are visible. The ruling in State v. Howard follows in the wake of other court rulings in recent years upholding warrantless searches and seizures by police for such suspicious behavior as having acne scars, driving with a stiff upright posture, having car windows that are too heavily tinted, driving too fast, driving too slow, failing to maintain speed, following too closely, improper lane changes, distracted ...
ADL announces plans for Silicon Valley center to combat hate online (“command center”)
Post Date: 2017-03-14 18:39:03 by hondo68
Jonathan Greenblatt (Courtesy of the ADL) (JTA) The Anti-Defamation League will build a Silicon Valley command center to combat online hate speech and harassment, the groups CEO announced. Jonathan Greenblatt made the announcement Sunday at the South by Southwest music and media festival in Austin, Texas. He said the ADL secured seed funding for the project from Omidyar Network, a self-styled philanthropic investment firm started by eBay founder Pierre Omidyar. Now more than ever as anti-Semitism, Islamophobia, racism, and other hatreds have exploded online, its critical that we are bringing best-in-class technology and resources to this ...
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