Category Archives: Media

Conservative Blogger Advocates Religious Oppression in America

first-amendmentNot much shocks me anymore but once in a while, I run across something that is so idiotic I wonder if there some sort of serious glitch in the matrix. It wasn’t but a few weeks ago that conservatives were standing up for private business owners’ right to discriminate against gay people on religious grounds. The rights of individuals to practice their religion as they see fit trumps nearly all else according to Christian conservatives.

What I’m about to share with you next may well make your head explode (it might be a good idea to get some duct tape to prevent your brains from splattering all over the place).

Ready?

Conservative blogger writing for Western Journalism Steven Crowder is praising China for “banning” Islam within its borders. Not only is he praising China, Crowder also believes the same policies should be enacted here in the U.S.

So what is China doing? It’s declaring an all-out war to make sure Islam doesn’t take over and never gains the strength to attack them. So let me simplify it:

– Female head-coverings are banned. Period.

– Men are discouraged from growing long beards (often poorly grown ones, might I add).

– Even Islamic restaurants are forced to sell cigarettes and drinks. And …

– They must display them prominently. Any business owner who does not follow this order…will lose their business. Gone.

[…]

In other words: China learns. Unlike our inept government, it realizes, ‘Hey, Islam wants destroy us.’ It realizes that Islam is political in nature, not just religious. Don’t get me wrong: communism is terrible, but it’s also what absolves China from the shackling burdens of political correctness. They’d rather survive than be politically correct.

Full disclosure: I have not checked out for myself if China is actually implementing these policies. It wouldn’t surprise me but whether or not China is oppressing Muslims is beside the point. What concerns me is the idea that there are certain Americans who would cheer these kind of policies here (provided that it doesn’t apply to their faith, of course). I never thought I would see the day when conservatives would praise China for religious oppression.

To Mr. Crowder’s point about our “inept government” in how Muslims are being allowed to freely exercise their religion. In most cases, I would not argue against the notion that our government is inept but this isn’t the case this time. You see, Mr. Crowder, here in America we have something China does not. It’s called the First amendment. What part of “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” do you not understand? And no, the First amendment does not just apply to Christians but everyone.

As bothersome as this is that someone would write such inane garbage on a conservative* website, it’s even more concerning that there are so many people agreeing with him in the comments section. These people are a much greater threat to our liberties than a minority of American Muslims ever could be.

A Thought Experiment: Fraternity Initiation Gone Horribly Wrong

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I would like to conduct a little thought experiment.

It seems that quite a few people have very strong opinions about the Freddie Gray case in Baltimore. Some of you see this as a race issue, others as a police issue (cops either almost always have halos or devil horns), and a few see this as the human tragedy it truly is. Some believe that there simply isn’t enough proof to bring charges against the six police officers. They are being railroaded and overcharged some say (I would like to point out that overcharging non-cops and railroading non-cops in the justice system is an everyday occurrence). I would like to remove these variables and see if we come up with a different conclusion if we change the actors.

Let’s say that instead of six cops putting Freddie Gray in a paddy wagon its six fraternity brothers (of any race you wish, but let’s say they are all of the same race…use your imagination) from the (fill in the blank) chapter doing an initiation. At this point in the story, our analogue for Freddie Gray is a pledge who wants to join this fraternity. Let’s call him Jim.

Are you with me so far?

Now that we know who the actors are let’s continue…

Several of the fraternity brothers find Jim and start the initiation process. They put Jim in hand cuffs and call the rest of the fraternity brothers who eventually pull up in a van. As they begin to put Jim in the van, he begins to panic.

“I can’t breathe, I need my inhaler!” Jim says.

The fraternity brothers ignore Jim’s concerns and proceed to put him in the back of the van.
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Jim sits on a bench with both his hands and feet cuffed but not restrained in a seat belt. The van peels out down the road. Jim is bouncing around the van. Whatever else happened inside the van remains unclear. Did the fraternity brothers get a little too rough with him? What caused Jim’s neck injury? Was his injuries sustained just from bouncing around with his hands and feet bound?

We don’t know for sure.

The driver stops the van and checks in on Jim. Clearly, Jim appears to be hurt but the driver offers no medical attention, shrugs, and returns to the driver’s seat.

After driving a few more blocks, the van stops to pick up a second fraternity pledge. Jim, no longer really “into” being a pledge says at least twice that he needs to be taken to a hospital or at the very least, dropped off. Jim is having difficulty breathing. The driver again ignores Jim’s pleas and obvious medical needs.

What happens next remains controversial. Some news outlets say the other pledge witness Jim trying to injure himself! A day or two later, the person claiming to be the other pledge says that he was being misquoted and said that Jim did not try to injure himself. Even more news stories claimed that the original story was true and the second story was false.Dr. David Samadi writing an article for The New York Daily News writes that an injury of that type being self-inflicted is “highly unlikely.”

After driving around a bit more the van stops again. Jim is on the floor and unresponsive but the frat brothers again decide not to take him to a hospital or offer any kind of assistance. Still bound at his hands and feet and still not secured in a seat belt, the van makes its way to the frat house.
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When the van finally stops at the frat house, the driver notices that Jim isn’t breathing. The frat brothers finally come to terms with just how dire the situation is and dial 911.

Jim is transported to the hospital via ambulance. About a week later, Jim dies of injuries to his spine.

In the autopsy report, the cause of death is ruled a homicide.

In the weeks that followed Jim’s death, there were all sorts of rumors about his character. He had been arrested several times – mostly drug offenses. Stories on social media also claimed that Jim had sustained the spine injuries in a car accident prior to the fraternity initiation and had a surgery to repair the damage (this story turned out to be false but many people still believe it to be true). Furthermore, the toxicology report revealed that Jim had heroin and marijuana in his system.

Now that these variables are a little different, is there anyone out there who is going to tell me that in such a scenario these six frat brothers would not receive at least some of the following charges?

-Manslaughter by vehicle (gross negligence on the part of the driver – 10 years)

-Manslaughter by vehicle (criminal negligence on the part of the driver – 3 years)

-False imprisonment (the remaining five frat brothers – 1 count each)

-Manslaughter (1 count for each frat brother)

Based on these findings by the DA, would you say these frat brothers are being over charged? Should they be charged at all? Jim was alive and well before the frat brothers picked him up. Now he is dead. Something happened while he was under the control of the frat brothers.

And what about Jim’s arrest record? (Note: arrests are not the same as convictions) What about the toxicology report showing heroin and marijuana in his system? Assuming this is true, does this somehow absolve the frat brothers of any wrong doing, at least partially? If so how?

Final question: is your conclusion to the above scenario similar to the real life Freddie Gray case? If not, why not?

As to other ancillary comments about the protests, riots, or other cases…post those elsewhere as they are not relevant to this discussion.

NY Jets RB Learns the Hard Way What Happens When You “Just Cooperate” With the Police

Chris Johnson

With the plethora of news stories about police misconduct, excessive force, non-indictments, and the understandable corresponding outrage to such perceived injustices in the waning days of 2014, certain law and order types thought it proper to offer some advice to stop the bloodshed. Quite simple advice really: obey the laws and/or cooperate with the police.

But maybe instead of “simple” I should say “simplistic.” It seems most of those who offer such advice are middle aged white guys who don’t fit the profile the police look for when they decide to stop someone who “looks suspicious.” Take this jackass by the name of Kelly Ogle for example:

It use to be simple… when you come in contact with a police officer, you do what they say.

Unfortunately, an unrealistic distrust of police officers is being fostered by some protesters, even some public officials, which is disgraceful.

Just “do what they say” and everything will be just fine huh?

Don’t tell that to NY Jets RB Chris Johnson. Johnson was recently pulled over in Orlando, Florida for rolling through a stop sign. According to a source close to Johnson, the police asked permission to search his vehicle. Because Johnson didn’t feel like he “had anything to hide” or wanted to “be cooperative,” he foolishly waived his Fourth Amendment rights and allowed the police to search his vehicle.

What did “cooperating” with the police get him? A second degree misdemeanor charge for having his lawfully owned firearm improperly stored in the vehicle according to Florida law. There’s a good chance that Johnson didn’t know he was breaking the law. As we have heard ad nauseum, ignorance of the law is not a legal defense for breaking the law (unless of course, you happen to be a cop).

Just over a month ago, I offered what I believe to be more constructive advice than that the aforementioned badge worshiper. There is a way to be respectful of the police while firmly and intelligently asserting your rights. It seems that had Johnson followed advice similar to mine than that similar to Kelly Ogle’s, he would likely not have been arrested.

Beyond knowing your rights and knowing how to deal with the police, how is one to know if s/he is committing a crime at any given time? In a country in which the average person commits as many as three felonies every single day (to say nothing of any number of misdemeanors a day), there’s no good answer…at least not yet. There soon may be an “ap for that,” however; if this Kickstarter project called “Atlas” generates enough donations by January 31st (they have a long way to go).

Here’s their promotional video explaining the project:

Even if this project doesn’t quite get off the ground, its good to see that there are people out there thinking about how to mitigate the reality of the numerous criminal laws on the books. But until that day comes, understand that when you are stopped by the police, they stopped you because they have some suspicion that you are breaking a law that you may or may not be aware of. Don’t help them by waiving your rights (“just cooperating”) as Chris Johnson did. You can’t assert your rights if you don’t know what they are. Now that you have found these links (here, here, and here), there is no excuse for ignorance of these rights.

No Publius in the Alabama Senate Press Room

Del MarshDel Marsh, R-Anniston, president pro tempore of the Alabama Senate, has asked the Alabama Press Association to assist Senate staff “in determining a proper definition of what constitutes a journalist meriting access to the press room.” Senator Marsh only wants real “journalists” in the press rooms. The others—“partisan political blogs and shady fly-by-night websites offering purposely skewed and inaccurate interpretations of hard news events”—can “sit in the public gallery and blog about what they see” from there.

One wonders, if the access in the gallery is commensurate with the access in the press room, what difference does it make? On the other hand, if the access is not commensurate, then why is Senator Marsh seeking to relegate some of his citizens to second class access based on a distinction even he cannot articulate?

Luckily for him—and the Alabama Press Association—the U.S. Supreme Court has already made it simple to determine who possesses the freedom of the press.

Everyone.

“The press” refers not to a group of people, but to the action of publication itself. Thus, “freedom of the press” protects not a privileged group of actors, but the action of conveying information and ideas, wherever that action is undertaken, by whatever means and whatever person. The Supreme Court has repeatedly recognized as much:

The press, in its historic connotation, comprehends every sort of publication which affords a vehicle of information and opinion.

Lovell v. City of Griffin, 303 U.S. 444, 452 (1938) (protecting Jehovah’s Witness’s right to distribute religious leaflets door-to-door without a license).

The administration of a constitutional newsman’s privilege would present practical and conceptual difficulties of a high order. Sooner or later, it would be necessary to define those categories of newsmen who qualified for the privilege, a questionable procedure in light of the traditional doctrine that liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods. Freedom of the press is a “fundamental personal right“… The informative function asserted by representatives of the organized press … is also performed by lecturers, political pollsters, novelists, academic researchers, and dramatists.

Branzburg v. Hayes, 408 U.S. 665, 703-05 (1972) (emphasis added, internal citations removed) (like every other citizen, a reporter can be called to answer before grand jury).

[T]he purpose of the Constitution was not to erect the press into a privileged institution, but to protect all persons in their right to print what they will as well as to utter it. “[T]he liberty of the press is no greater and no less than the liberty of every subject of the Queen,” and, in the United States, it is no greater than the liberty of every citizen of the Republic.

Pennekamp v. Florida, 328 U.S. 331, 364 (1946) (emphasis added, internal citations removed) (Frankfurter, J., concurring).

Is it too idealistic to think that something called a “press room” should be open to all the people who possess the “freedom of the press,” which is to say everyone?

Perhaps.

Surely, the general public cannot demand admission to White House press briefings. And Marsh would say he is not proposing to restrict the act of publishing, but rather the act of entering the press room. The former is a constitutional right; the latter (Marsh would argue) is a special privilege.

The distinction is not without meaning, as Doug Mataconis has comprehensively explained. Just as federal and state governments can grant special privileges for religious beliefs without running afoul of the First Amendment, so too can they grant extra-Constitutional privileges, such as testimonial shield laws, to only certain members of the media.

When expanding protection, legislatures are entitled to draw lines that might not be permissible in the case of abridgements.

*     *     *

Because press shield legislation would extend immunities to the press beyond what the First Amendment has been held to require, it probably does not violate the Constitution to confine those immunities to a subset of entities entitled to protection under the Press Clause.

Michael W. McConnell, Reconsidering Citizens United as a Press Clause Case, 123 Yale L. J. 266 (Nov. 2013).

Marsh might seek to characterize his proposal, not as an infringement upon freedom of the press, but a special perk akin to a media shield law for favored groups in their exercise of that right. That might be constitutional.

But it is also bad policy.

Its practical unworkability is evidenced by other efforts to establish criteria for the receipt of such special perks. Such criteria inevitably focus on the regularity and primacy of the journalistic activity to that individual or entity and whether that activity constitutes a business endeavor for financial gain or livelihood.

As former Circuit Judge for the Tenth Circuit Court of Appeals and Director of the Constitutional Law Center at Stanford Law School Michael W. McConnell has observed, those standards risk excluding publications like The National Review, The Weekly Standard, Slate and Newsweek, which are sometimes kept afloat by donors rather than profits. They risk excluding the National Geographic Society, the Smithsonian, and the American Bar Association, which engage in journalism as secondary to other endeavors. And they risk excluding authors, documentary filmmakers, and pamphleteers, who do not follow any predetermined cycle to their publishing.

Senator Marsh would do well to remember, also, what Doug Mataconis observed:

[I]t was a bunch of bloggers who discovered that the memos that CBS News relied upon to support its story about George W. Bush supposedly ducking out early on his National Guard commitments were forgeries. That report, you’ll recall, came out at the height of the 2004 re-election campaign and threatened to have a major impact on the election. Instead [thanks to those bloggers], it ended up having a major impact on the careers of several CBS News employees, including a man who had been anchoring the CBS Evening News for more than 20 years. For reasons like that, it’s important that we make sure that shield laws don’t end up being something that only cover members of what essentially amounts to a protected cartel while bloggers and free-lancers are left out.

Under Senator Marsh’s approach, “real” journalists like Dan Rather would no doubt gain admission to the Alabama legislature’s press rooms. What about the bloggers who uncovered the problems with Rather’s documents?

PubliusIt is not always clear, based on mainstream status, who is the partisan, shady, fly-by-night imposter “offering purposely skewed and inaccurate interpretations of hard news events” and who is engaged in real journalism. Senator Marsh should reconsider his efforts to impose press credentialing standards that Thomas Paine, Publius, and the Federal Farmer would be unable to satisfy.

 

 

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Lady Liberty image via The Montgomery Advertiser. Publius image from FeedBooks.com.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

This Advice Could Save Your Life and Preserve Your Liberty

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The fact that the police can get away with killing an individual who presented no threat to anyone with the whole incident caught on camera is quite disturbing. A grand jury decided not to indict a NYPD officer by the name of Daniel Pantaleo who used a choke-hold banned by his own department which resulted in the death of Eric Garner. Unlike the incident in Ferguson which contained conflicting testimony and forensics which support Darren Wilson’s version of the event, this event in New York was caught on video from at least two different camera angles (and available on YouTube for the whole world to see). This seems pretty cut and dry at least for an indictment.

So how is it that almost any accused individual brought before a grand jury is indicted unless the accused individual happens to wear a government issued costume? Are grand juries really that biased toward the police? After reading a few dozen comments on threads responding to the grand jury decision, I’m afraid the answer is yes (if you want to lose all hope for humanity, read the comment section to any article of consequence). I reach this conclusion because these are the sort of people who serve on juries and decide that it’s perfectly okay for the police to kill someone if the suspect had any criminal record of any kind, resisted in any way, or even “disrespected” the police on the scene.

The truth is that reforming the way police do things is going to take time as changing people’s attitudes is going to take time. There are things that we as individuals can do here and now so that we don’t become victims of the police, however. Many of these perfect, law abiding specimens of humanity who like to share their wisdom with the rest of us on the internet say that if Eric Garner hadn’t resisted (at all) he would never have been put in the choke hold that contributed or caused his death. On this point, I grudgingly have to agree.

I don’t say this because I believe the use of force against Garner was appropriate but because far too many people do (and juries are composed of people who aren’t always very reasonable).

One common thread in many of these viral videos where the police overreact is that the individual either resists (however mildly), makes a sudden move, or is perceived as being armed [1]. The worst thing you can do is give the cops a reason to use force and an excuse for jurors who will normally give the police the benefit of the doubt a reason to doubt.

So how does one increase one’s odds of surviving an encounter with an overzealous cop? Here are a few suggestions.

1. Before you end your session on the internet today, watch Flex Your Rights’ “10 Rules for Dealing With Police.” I have the entire series and a summary of the rules posted here. If you know how you can respectfully but firmly assert your constitutional rights before the next time you are confronted by the police, you will have advantages most people do not and you will reduce the chances that the encounter will escalate to violence.

2. Act as if the encounter is being recorded and your actions will be scrutinized in front of a judge, jury, and/or the general public. For better or worse, cameras have become ubiquitous, so the chances the encounter is being recorded increase everyday. Use this to your advantage. Better yet, if you have a camera phone, record the encounter yourself. Recording the police in public is legal almost everywhere in the U.S. Follow this link to be sure of the specific legalities of your state. Once you have the camera rolling, follow the aforementioned “10 rules” and be the kind of person a judge, jury, and the general public would be sympathetic toward. If you act like a jerk or are disrespectful in any way (regardless of how the cop acts) this could all backfire.

3. Don’t make any sudden moves and keep your hands visible at all times. If you are pulled over keep your hands on the steering wheel and turn on the dome light if its dark out. When the cop asks for your license and registration, say something like “My license is in my wallet” and very slowly reach for it and hand it over. Then say “My insurance card and registration is in the glove box” then slowly open the glove box and retrieve the documentation. Better yet, have the documentation ready before the cop comes to your window; its less movement and you know you will be asked to produce these items anyway. Had this man followed similar advice, he might not have been shot by a South Carolina State trooper.

4. Understand that you are NOT in control. If the police have decided to put cuffs on you and/or arrest you, do not physically resist, attack, or run. If you do, the results will not end in your favor. Whatever injustice has befallen you will not be settled until later. Also, keep your mouth shut and only speak of the event with your attorney.

Its my hope that these cases which have scandalized us all will lead to better understanding of how we can peacefully resist the growing police state. Its not my intention to blame the victims such as Eric Garner, John Crawford III, Kelly Thomas and countless others but to do my part in not creating new victims of overzealous cops afraid of their own shadows.

[1] Its become a pet peeve of mine seeing headlines that state that the police shoot an “unarmed” man. For one, unarmed does not mean harmless. Also, its probably safe to say that most of the time when the cops shoot an unarmed person, it was unclear if s/he was armed at the time. While we can and should scrutinize the police when they use force, we cannot expect them to have perfect knowledge in real time.

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