In
Our Opinion
Tales
Stranger Than Fiction
Each
week, the Center highlights obscure legal cases from across the
country in the Jester's
Courtroom.� These tales are truly "stranger than fiction."�
Some of them are disturbing; most are comical.� All are our light-hearted
way of pointing out a legal system run amok.
However, wild and wacky tales are not confined to the nation's courtrooms.�
With the holiday season upon us, we saw an opportunity to expand
on the light-heartedness of the Jester's Courtroom and share with
you some of these lunacies from the past couple of weeks...[more]
The
Pigs Were Saved; the Pigs Are Dead
(Another
Lesson in Political Reality from Florida)
The pigs are dead, gonna be Jimmy Deaned into sausage,
perhaps coming soon to a breakfast table near you.� The voters of
Florida, suckered into an animal rights initiative that added pregnant
pig protection to the Florida Constitution, killed the pigs...[more]
Clicked
Into Submission?
A
decision issued by seven judges sitting half a world away, interpreting
another country's law, may have a greater effect on Internet publishing
in the United States than our own First Amendment.� According to
a ruling from the High Court of Australia, individuals and media
that post material online available in Australia must answer for
their electronic speech in the courts "down under."...[more]
Boo-Hoo,
Moo-Moo
Most
would agree that cows are by and large pretty happy creatures, slightly
less jovial than the common tree squirrel, but seemingly content
with their lot in life. They stand.� They lie.� They chew.� They
swat.� They get milked. �They get eaten.� 'Nuff said. Au contraire,
say the activists cum circus freaks at PETA...[more]
Burk's
War Against Augusta National:
The New York Times Takes Command
When Martha
Burk began her ladies of the camo underwear assault on the membership
policy of Augusta National Golf Club, the Center for Individual
Freedom viewed it as a brief opportunity to remind of a bedrock
constitutional right - free association...[more]
Campus
Crackdown
"But everybody
else is doing it... "It's
the oldest excuse in the book.� The one that irks parents most,
but universally utilized to justify youthful misdeeds.� While most
of us tried the excuse to rationalize such relatively innocent behavior
as wearing short skirts or breaking curfew, the rationalization
has been adopted by thousands of college students to steal music,
movies and other copyrighted works on the Internet...[more]
Judge
Reinhardt's Ricochet
Having
ruled the First Amendment to the U.S. Constitution forbids the words
"under God" in the Pledge of Allegiance, the San Francisco-based
U.S. Court of Appeals for the 9th Circuit last week focused its
sights on the Second Amendment, declaring there is no individual
right to keep and bear arms...[more]
Government's
Hand in IOLTA Cookie Jar
Four
years ago, the U.S. Supreme Court established that interest generated
on client funds deposited in lawyers' trust accounts is the private
property of the clients.� But in arguments heard December 9, several
justices seemed skeptical of following that decision to its logical
conclusion by declaring that the Takings Clause of the Fifth Amendment
constitutionally prohibits states from siphoning off the interest
accrued on client funds in order to support legal aid programs for
the poor...[more]
Flying
the Unfriendly Skies:
It's Time for Tort Reform to Take Off
Perhaps
running low on new deep-pocket defendants to sue, plaintiffs' lawyers
are reaching to new heights and making the skies an unfriendly place
in which to do business.� The latest wave of personal injury lawsuits,
titled the "economy class syndrome," are being brought by long-haul
air travelers who claim they have developed life-threatening blood
clots after sitting immobile on long flights in economy class...[more]
Time
to Close the Door on "Plused" Admissions
Race
may finally be declared constitutionally off-limits when it comes
to college admissions, nearly a quarter century after the U.S. Supreme
Court struck down an affirmative action program that admitted students
to the University of California-Davis medical school based upon
the color of their skin...[more]
Sally
Forth the Candidates (Sashay to the Left)
Here
they come, tumbling and stumbling out of the chute.� Only one month
after the midterm elections of 2002, several of which are not yet
over, 23 months before the national elections of 2004, the presidential
wannabes emerge, strutting their stuff like beauty contestants,
craving money, affection, more money please and respect...[more]
Majority
of Americans Believe Augusta National Should Not Bow to Martha Burk's
Pressure
A
new national survey released today found that seven out of 10 Americans
support Augusta's right as a private club to make its own policy
decisions 72% of respondents said Augusta should not change
its membership policy due to pressure from outside organizations...[more]
FEC
to Investigate Ms. PAC-Man
San
Francisco Congresswoman Nancy Pelosi doled out wads of cash to her
Democratic colleagues in the months leading up to the November 5
mid-term elections.� She raised and distributed more money than
any other member in the U.S. House of Representatives.� In fact,
her prolific fundraising may well have earned Pelosi the overwhelming
support in her caucus to replace Dick Gephardt as House Minority
Leader despite being labeled "out-of-touch" with mainstream
America by many in her own party...[more]
It's
Not Justice Holmes' Harvard Anymore
A committee at the law school that produced such champions
of the First Amendment as Justices Oliver Wendell Holmes, Jr., Louis
D. Brandeis, and William J. Brennan, Jr., announced plans Monday
to draft a speech code that would ban offensive and harassing language
and punish professors and students who violate the rules...[more]
States
Vote to Streamline Collection of Internet Sales Taxes
A coalition
of lawmakers and tax collectors from more than 30 states gathered
together in Chicago on November 12 to approve the final draft of
an interstate agreement to "simplify" their tax laws and make it
easier for budget-strapped legislators to collect sales and use
taxes on Internet purchases...[more]
WARNING:
SHARP LEFT TURN AHEAD
President
Bush triumphed in last week's midterm elections.� His party recaptured
control of the United States Senate and strengthened its majority
in the House of Representatives, a feat of historic proportions
that has Democrats still pondering the question, "What went wrong?"...[more]
Fun
with Numbers
The wife is having fun with numbers.� Barbara Bush called
her three times the week of the midterm elections, and, by the third
(automated) conversation, she was helping the former First Lady
with Thanksgiving stuffing recipes.� Martin Sheen called her only
once, so that's the end of West Wing in our house...[more]
Shoot-Out
Between Hootie and the Blowhard Continues
The
media frenzy over the war between William "Hootie" Johnson, chairman
of the exclusive Augusta National Golf Club, and the boisterous
chairwoman of the National Council of Women's Organizations, Martha
Burk, is reaching a fever pitch...[more]
Celebrity
Smackdown: Winona
Ryder and the Orange-handled Scissors
Free
Winona! Actually, there's nothing to free her from. In reality,
she's out on bail, a paltry $20,000, probably paid with a Platinum
American Express card to get the bonus points redeemable at Saks.�
The prosecutor who pursued a full-blown trial to get a felony conviction
won't ask for jail time, so where's the deterrent in that?� It is
likely that Ryder's felony conviction will be knocked down to a
misdemeanor a while after they've struck the courtroom set...[more]
The
Midterm Elections: Looking
for the Lockbox
It
is fitting that the country music awards followed by one night the
midterm elections.� It is equally fitting that Alan Jackson, the
humble, deferential Georgia writer and singer of simple songs swept
the table in stunning similarity to the President's sweep the night
before...[more]
Federal
Judge Rules Beef Checkoff is 'Government Speech'
Abandoning
the notion that the beef checkoff is a "self-help" program, the
Cattlemen's Beef Promotion and Research Board and the National Cattlemen's
Beef Association (NCBA) have temporarily staved off one of a number
of challenges to the beef checkoff by persuading a federal court
that the program is, in fact, "government speech."...[more]
The
Politics of Prosecution: The Scum Also Rises
For
22 tense and horrendous days, the multistate region adjoining this
nation's capital was terrorized by the murders of 10 citizens and
the serious wounding of three, victims chosen at random, regarded
only as targets of opportunity.� While most citizens will wish simply
to move on, we should not, for in the totality of the tale is much
to be probed and questioned, albeit at a more considered and consequential
level than talking-head television...[more]
Liar,
Liar, Set the Polygraph on Fire
Dr. William
Marston, creator of the comic strip Wonder Woman, penned under the
pseudonym of Charles Moulton, now has people amused by another of
his creations the lie detector test.
A new report
from the National Academies' National Research Council supports
what many junk science opponents have long argued: lie detector
(polygraph) tests, which measure heart rate, respiratory rate and
perspiration during interrogation, are too flawed to be relied upon
and do not justify the government's heavy use...[more]
Welcome
to the Town of "Got Milk?"
A Shining Symbol of the Fleecing of America's Dairy Farmers
What to do when an endless parade of mustachioed celebrities
starts getting old?� Go out and buy a town, of course.
Jeff Manning,
Executive Director of the California Milk Processor Board, which
oversees the "Got Milk?" advertising program, has devised a plan
to solicit a small town in his state to change its name to "Got
Milk?" in exchange for a "meaningful contribution" to the town and
construction of a local "Got Milk?" museum and tourist attraction.�
"It's all about the ad campaign," Manning beamed to the San Francisco
Chronicle.
[more]
Academic
"Gunned Down" in Plain Sight
The
saga of Michael Bellesiles is over, except for the whining, which
typically will not end.� The Emory University history professor
who couldn't count guns in Colonial America has "resigned," explaining
that he couldn't continue to teach in what he considers to be "a
hostile environment."
[more]
We,
the [Pregnant Pigs] Of the State of Florida
"FOUR LEGS GOOD, TWO LEGS BAD"
Remember
George Orwells Animal Farm? Snowball (the pig) inscribed the
above maxim on the side of the barn to teach the farms inhabitants
the "essential principle of Animalism." While most of
us understand that Orwells classic allegorical novel was meant
to educate us about the evils of totalitarianism, the animal rights
movement has adopted Snowballs motto as its own
[more]
South Dakota: A
State of Men, And Not Of Laws?
The
proposed addition to South Dakota's Constitution, known as Amendment
A, states that criminal defendants have the right "to argue the
merits, validity, and applicability of the law, including the sentencing
laws." Thus, if approved, the amendment will enable a defendant
and his lawyers to openly argue that jurors should ignore the law
and vote to acquit for any variety of reasons, even if the facts
show beyond a reasonable doubt that the defendant committed the
crime. By allowing such an argument, the amendment would institutionalize
the power of jury nullification in South Dakota's Constitution.
Unfortunately, institutionalizing the power of jury nullification
will only permit juries to dispense inconsistent justice on a more
frequent basis...[more]
The
President and the Networks:
The
Speech that Didnt Air (But Won the Ratings)
The
President would speak, the Vice President would speak, the Secretaries
of State and Defense would speak and the National Security Advisor
would speak. After they spoke, the litany would crank up again:
But hes got to lay it out so the American people will understand
it. Now, not many real American people were saying that, but you
had enough self-appointed spokespersons you couldnt have gotten
near a microphone anyway...[more]
Broken
Promises and Partisan Politics Shed(d) Light
on State of Judicial Confirmation Process
When
people think of the U.S. Senate and its history, the name Strom
Thurmond comes to mind. The Senior Republican Senator from South
Carolina has served in the distinguished chamber for more than 48
years. He is the oldest member ever to serve in Congress; he will
turn 100 in December. But when the 107th Congress adjourns for the
year, Senator Thurmond, who is ailing, will retire...[more]
Dear Barbra:
Welcome to prime time politics. Last
weekend, you headlined a fundraiser for Democrats, joined only by,
shall we say, lesser luminaries and the ubiquitous Howdy Doody Gephardt.
You sang your three songs for a big old bag of silver, but your
voice was strongest in opposing war against Iraq...[more]
Martha
Burk is Out of Bounds in Attack on Augusta
Reading
between the headlines in the much-ballyhooed war over Augusta National
Golf Clubs membership practices, one is left with a clear
understanding that the exploitive efforts of Martha Burk and her
media-starved gang of womens rights activists are not based
upon the law, but on a politically correct crusade to force the
private club into accepting women members out of so-called "moral
obligation."...[more]
Teresa
Elenz Returned to School: Zero Tolerance Railroad Job Derailed
On
Friday, September 27, an independent hearing officer appointed by
the Escambia County, Florida District School Board drafted an order
for Teresa Elenz to return to Pensacola High School. Pending a meeting
of the school board to finalize the order, Teresa was allowed to
return to school on Monday, September 30...[more]
BCRA and the Hollywood Loophole
The
media stands to gain enormous power in the political process should
BCRA be upheld by the U.S. Supreme Court, as theyre exempt.
That much is clear to everyone following this issue, especially
the editorial page editors of nearly every major newspaper in the
country. However, whats not being discussed, much to the delight
of "reformers," is what appears to be an exemption for
Hollywood...[more]
Zero
Tolerance in Pensacola: Inquisition in a Cesspool
The
new school year has barely begun, yet the zero tolerance torquemados
are already hard at their unforgiving task, punishing the innocent
in mindless obeisance to institutionalized dereliction of duty...[more]
Muzzling
Corporate Speech
Its
open season on Corporate America. Somewhere between the tech stock
bubble bursting and the first Enron executive testifying, an army
of special interest groups, anti-globalization ideologues and trial
lawyers awakened to the smell of opportunity, and sprang into action...[more]
Out
With Soda, In With Granola!...Fat Police Target Schools
Weve
been warned against butter-soaked movie popcorn, cheese-smothered
Mexican dishes, biggie-sized fast food, and the sinister trans fatty
acids, but a majority of Americans are still overweight. Now, public
health crusaders are off to rescue our children from the grips of
what theyre calling a national "obesity epidemic."...[more]
Owens
Defeat Draws Line in the Sand
The
battle over the confirmation of President George W. Bushs
nominations to the federal bench has been anything but routine.
However, a nominee who has served as a state supreme court justice
over the past eight years, elected to a second term with 84 percent
of the vote and with the endorsements of every major newspaper in
the state, should clear the Senates "advise and consent"
hurdle with relative ease. Add to that a unanimous "well-qualified"
rating from the American Bar Associations Committee on the
Judiciary, the support of colleagues, a bipartisan group of 15 former
state bar presidents, both her states senators and a majority
in the U.S. Senate and you have a shoo-in, right?...[more]
One
Electron Too Far?: Trespassing Via the Internet
You
get to the office, pour the obligatory cup of coffee, turn on the
computer, and the work day begins. Most likely, your first order
of business is checking your messages, which in this information
age means checking your e-mail. Inevitably, the inbox opens to page
after page of new e-mail messages that have piled up overnight,
and now your sole goal is to quickly determine how many you can
delete in one swift click without ever reading past the subject
line. After all, although there might be one or two messages from
colleagues at work or friends from college, most of your inbox is
full with the Internet equivalent of direct mail advertisements
and telephone solicitations...[more]
More
Guns than Bibles
Thus it was
that Emory University chose the last week of August to announce
that History Professor Michael Bellesiles will spend his fall semester
on paid leave, pending the overdue conclusion of the universitys
investigation into substantial and far-ranging charges of research
fraud...[more]
First
Paradox: We Cherish the Unknown
A solid majority
of Americans generally believe that individual rights protected
by the First Amendment are "essential," but dont
ask those same citizens to identify where these "First Freedoms"
are protected in the U.S. Constitution. Those are the findings revealed
in a survey sponsored by the Freedom Forum and the American Journalism
Review conducted between June 12 and July 5, 2002...[more]
Hacking
Through the Ivy: Moral Relativism at Princeton
We
admit to a perverse fondness for stories relating the perfidies
of academia, although we diligently attempt to mask that perversity
by citing more serious principles for our interest. It is thus that
we discuss Princeton Universitys Internet second story job
on Yale Universitys admissions Website...[more]
The
Indelible Right of Free Expression
The
list of artists whose work has been banned is a long one. Ronald
P. White has joined that list. It was 1999 when this South Carolina
artist last created a work of art in his home state, and that creation
was videotaped and broadcast to a local television audience. While
most artists would bask in the glow of such exposure, Whites
led to his arrest and conviction for merely having performed his
craft...[more]
Extra!
Extra! Kansas City Newspaper Convicted of Criminal Defamation
"Is
gossip that [Carol] Marinovich lives in Johnson County true?"
It
is not, and the politically-charged question posed by The New Observer,
a free, periodically published Kansas City, Kansas newspaper, could
land the papers publisher and editor behind bars...[more]
Let
There Be Light
(But Watch Out for the "Dark Sky" Movement)
Enter
now the dark sky movement. If youve been too distracted by
terrorism, the economy, kidnappings, sexual predator priests, the
heartbreaking travails of Martha Stewart or the return of Phil Donahue
to notice, youre excused. Were here for you. The dark
sky movement is currently pre-pubescent, a dangerous developmental
phase...[more]
Much
Ado About the 9th Circuit
There
has been a lot of hand-wringing in our nations capitol lately
over the U.S. Court of Appeals for the 9th Circuit. Fueled by the
ongoing backlash to the courts controversial decision against
the Pledge of Allegiance, and the overwhelming reversal rate of
9th Circuit cases by the U.S. Supreme Court, some in Congress are
arguing the appeals court is too unwieldy and should be split up...[more]
"Lets
Get Ready to Rumble. . ."
Not
since Muhammad Ali and "Smokin Joe" Frazier fought
the Thrilla in Manila more than 25 years ago has there been so much
buzz. Capitol Hill newspaper Roll Call called it a modern-day "Clash
of the Titans" the "Thrilla in the LBJ Room."
The
event: A shouting match between two Democratic heavyweights in the
U.S. Senate Hillary Clinton (D-NY) and Russ Feingold (D-WI).
The setting: A Democratic Policy Committee luncheon. The issue:
Implementation of Feingolds Bipartisan Campaign Finance Reform
Act (BCRA) and its impact on Senate Democrats...[more]
Center
to Participate in Capitol Hill Roundtable on Legal Challenges to
Commodity Checkoff Programs
On July 22,
2002, the Center for Individual Freedoms Executive Director,
Eric Schippers, will participate in a roundtable discussion on Capitol
Hill, hosted by The Dairy Trade Coalition, on the mounting legal
and legislative challenges to the nations mandatory agricultural
commodity promotion programs...[more]
House
Votes to Grant Pilots Right to Bear Arms in Cockpit
"Do
you really think that 9/11 would have happened if our pilots had
been armed, as they should have been armed?" asked House Transportation
and Infrastructure Committee Chairman Don Young (R-AK) during a
recent debate. While
no one can answer that question with certainty, the House of Representatives
last week overwhelmingly responded (voting 310-113) by authorizing
pilots to carry guns in the cockpit as a "last line of defense"
against would-be terrorists...[more]
If
youve picked up a newspaper lately, or glanced at the evening
news, you may have confused the remarkably similar stories of raging
wildfires devouring wide swaths of America with stories on the ongoing
public outcry over the Pledge of Allegiance being declared unconstitutional...[more]
Shakedown
in Tennessee
The budget
battle in Tennessee is over, at least for now. For the fourth consecutive
year, anti-tax advocates were successful in defeating the imposition
of a state income tax, and the legislature fulfilled its constitutional
obligation to pass a balanced budget despite the states
$800 million deficit...[more]
John
McCain Strikes Again
Who
in the World is Ellen Weintraub?
President
George W. Bushs judicial nominees face yet another hurdle
in the U.S. Senate Senator John McCain. The
Arizona Republican has placed a hold on all nominations pending
before the Senate, including 17 judicial nominees. And the "maverick"
senator is vowing to prevent any action on their confirmations until
the president assures him that Ellen Weintraub will receive a recess
appointment to a seat on the Federal Elections Commission (FEC)
during Congress upcoming August break...[more]
One
Nation, Under Siege by Establishment Clause Revisionism
A
nation at war, which continues to mourn its fallen heroes from 9-11,
wrapping itself in the collective comfort of a renewed spirit of
patriotism, was rudely awakened this morning to news that the Pledge
of Allegiance is unconstitutional...[more]
Politically
Correct Coffee? Civil War A-Brewing!
In
November, on election day, voters of Berkeley, California (you thought,
perhaps, Dubuque?), population 102,743, may exercise their extreme
democratic right to locally ban the commercial service of coffee
that is not organic, shade grown or fair-trade certified. Note the
"or," requiring compliance with only one of the three...[more]
In a case
with broad implications for the nations agricultural commodity
promotion programs, a federal judge in South Dakota on June 21 struck
down the federal Beef Promotion and Research Act, which is responsible
for the beef checkoff and messages such as: "Beef. Its
Whats for Dinner."
To
read the Centers statement on the LMA case, click
here
Rita
Wilson, the former vice principal of Rancho Bernardo High School,
in suburban San Diego, achieved her 15 minutes of notoriety earlier
this year by too thoroughly investigating suspected "inappropriate
underwear," i.e., thongs, at a school dance...[more]
Koffee
Klatch Targeted for Taxation
From
the city that brought us the Frappuccino, a group of child-care
advocates in Seattle are seeking to raise additional money for early
education programs through a 10-cent tax on espresso drinks...[more]
Why
You Care about Jennifer Anistons Lawsuit
You
are on your property, at your pool, sunbathing, partially nude.
You are alone. An eight-foot wall protects your privacy, as well
as the sensitivities of your neighbors and the community, if any.
Welcome to the world of Jennifer Aniston...[more]
Welcome
to Grant County, Oregon: A U.N.-free Zone
Last month,
voters in this small eastern Oregon county of 7,800 residents carefully
pondered two important ballot questions. No, they werent about
increased funding for schools, balancing the budget, or even term
limits. One called for banning the United Nations from the county;
the other would permit residents to cut down trees on federal land
without U.S. Forest Service approval...[more]
Its
Déjà Vu All Over Again...and Again...and Again...
This Time, Anti-Tax Proponents Call Out the DOGS
For the
umpteenth time in the past four years, Tennesseans rallied at the
state capitol in Nashville last week to oppose a state income tax.
And, for the umpteenth time, chants of "NO NEW TAXES"
from thousands of angry taxpayers, and incessant horn-honking from
citizens circling the capitol in their automobiles, won the day...[more]
A
Veiled Threat
Where on
Earth is Larry Ellison when you need him?
If the over-hyped,
oft-maligned founder of Oracle can save the world from terrorism
through biometric, "smart ID card" technologies that capture
data on everything from DNA and fingerprints to unsightly mole hair,
surely he can convince a Muslim-convert in Winter Park, Florida
to lift her veil for a drivers license photo...[more]
Fears
of DCS-1000: VALIDATED
In
the grand scheme of things, post 9-11, in a time of government by
finger pointing, this weeks story about a glitch with DCS-1000
is not large. The significance of it is.
Dont
know what DCS-1000 is? Thats intentional. Does the name Carnivore
ring a stronger memory bell? It should. Thats the FBI computer
intelligence program to covertly monitor e-mail of suspects, all
preceded by appropriate warrants, all so carefully controlled as
to not grab the e-mail of innocents. Thats what we were told.
Well, crap called a rose wont ever smell like one, and Carnivore
renamed DCS-1000 to eliminate the ominous connotation of the name
will not change the ominous reality of the program...[more]
Obesity:
A National Epidemic?
What do heart
throb movie stars Russell Crowe and Tom Cruise have in common? How
about hall-of-fame athletes Michael Jordan and Cal Ripkin Jr.? According
to the federal government, all four of these famed individuals are
overweight. In fact, by the feds definition, 61 percent of
us are overweight or obese and, yep, you guessed it, the epidemic
is now affecting the children...[more]
The
Sterilization of America: A Cautionary History
Eugenics,
a word all but removed from Americas lexicon after World War
II, is the "science" of improving the human race through
controlled breeding. Much like the Trail of Tears, Tuskegee medical
experiments, or the Japanese internment in this country, the word
harkens us back to a shameful time most would just as soon forget...[more]
The
Checks (Not) in the Mail
If
youre one of those Americans who knowingly overpay their taxes
each year, expecting a hefty refund in return, it may be time to
revisit your W-4 withholding form...[more]
The
Photograph Flap
The
political flap of the week is over
a photograph.
The
Republican Party has chosen three photographs of President Bush
to be used as a thank you gift for contributors to a forthcoming
fundraiser for Congressional candidates in June. The first is of
the Presidents inauguration, the second of his State of the
Union address. The third, the one that has drawn fire, is of the
President aboard Air Force One, talking on the telephone to Vice
President Cheney, on 9-11...[more]
Congress
Rejects Back-Door Government Speech Ploy by Agricultural
Trade Associations
After months
of around-the-clock, intensive negotiations, Congress passed the
long-awaited $173 billion, 10-year Farm Bill. The 421-page colossus
seems to contain something for everyone this election-year
except for the 15 agricultural trade associations who sought to
slip into the bill language that would declare all commodity checkoff-related
advertising as "government speech."...[more]
The
Politicalization of Justice
U.S
federal courts are in crisis, primarily due to overloaded dockets,
escalating judicial vacancies and the refusal of Senate Democrats
to move the confirmation process. Instead, the Democrats seek to
institutionalize ideology as the benchmark and character assassination
as the means to fundamentally alter the constitutional integrity
of "advise and consent."...[more]
The
First Amendment Meets a Mob...School Officials Duck and Cover
Summer,
like a late island ferry in the Caribbean, come soon, so, after
several inevitable graduation or prom conflagrations, we may get
a brief respite from writing about some of the trolls and troglodytes
to whom the youth of America are entrusted for the purposes of public
school education...[more]
(Not)
Another Hallmark Holiday
May
1, 2002 marked the 45th commemoration of National Law
Day. In recognition, like many of his predecessors, President George
W. Bush issued a proclamation, calling on all Americans to "reflect
on the vital work performed by our Federal Judiciary in upholding
the rule of law and on the importance of a robust and independent
judiciary in our system of government." The president also
sent his 100th judicial nominee to the U.S. Senate...[more]
Of
Thugs and Thongs... Zero Tolerance Where Art Thou?
Its
happened again. A high school administrator has demonstrated insufficient
intelligence and restraint to be put in charge of a hamster habitat,
never mind a school. This time, the venue is Rancho Bernardo High
School, in suburban San Diego. The administrator is Rita Wilson,
the schools vice principal. It seems that Ms. Wilson became
overly obsessed that female students might attend a school dance
wearing thongs and/or not wearing bras under their outer clothing...[more]
Vanessa
Leggett Accepts First Amendment Award
Crown Publishing Buys Her Book
On
April 24, 2002, Vanessa Leggett, the Texas writer jailed for refusing
to reveal confidential sources or to turn over all her research
to federal prosecutors investigating a notorious murder case, received
the PEN/Newmans Own First Amendment Award.
To read her
poignant acceptance remarks, click
here.
This
week, Crown Publishing made a pre-emptive bid for publishing rights
to Leggetts book about the case and her ordeal.
Happy
Powder: Tune In, Turn On, Get Kicked Out
Ecstasy,
meth, blunts, magic mushrooms
Kids today try the darnedest
things. Now this: "Happy Powder." If youre looking
for a quick fix between home room and first period, nothing beats
the rush from this uncut, pure blend of. . .sugar, Kool Aid and
cinnamon! Thats right parents, Happy Powder, the latest designer-like
"drug" from Satans den, just waiting to lure your
school children into its ugly jaws of sinful pleasure...[more]
Congresspersons
Try to Ban Camera from Hearing
(Say What?)
There
was this hearing last week before the House Subcommittee on Commerce,
Trade, and Consumer Protection. The subject bill would block cities
and counties from suing gun manufacturers for the use of guns in
crimes not committed by said manufacturers, legislation already
adopted by 26 states...[more]
If
You Cant Beat Em, Bribe Em. . .
And do it
with taxpayer money.
That seems
to be the mindset of "smart-growth" activists and some
on Capitol Hill who want Washington bureaucrats to determine how
land will be developed and used at the state and local levels. Their
goal: federally prescribed land use restrictions in every state
and locality across the nation...[more]
CIF
Among Two Dozen Groups and Individuals to Join McConnell Legal Challenge
to "Campaign Finance Reform"
At a Capitol
Hill press conference on April 10, CIF joined two dozen organizations
and individuals from across the political spectrum to announce their
participation as plaintiffs in Senator Mitch McConnells (R-KY)
legal challenge (McConnell v. FEC) to the Bipartisan Campaign Finance
Reform Act...[more]
Colorado
Supreme Court Protects Privacy of Book Buyers
On
April 8, 2002, the Colorado Supreme Court ruled police could not
force a Denver bookstore to hand over the names of individuals who
purchased books detailing the manufacture of illegal drugs...[more]
Center
for Individual Freedom to Join Lawsuit
Challenging Constitutionality of "Campaign Finance Reform"
Law
On
March 27, 2002, President George W. Bush privately, without
ceremony or even a publicly released photograph signed into
law the bill commonly referred to as "campaign finance reform"
the most extensive and insidious assault on political speech ever
ventured in the U.S...{more]
Hey,
Teacher, Leave Them Kids Alone
In
an age of "zero tolerance" in schools, where students
can be expelled for the high crime of aspirin possession, it should
come as no surprise that the U.S. Supreme Court is weighing the
merits of random drug testing for public school students wishing
to participate in after-school activities...[more]
(Tree-free)
Pulp Fiction
Washington
Times investigative reporter Audrey Hudson is hot on the trail of
another wild one. Having recently sent the fur flying in the lynx
scandal, wherein a group of federal and state wildlife workers were
found to have submitted false evidence of the endangered cat in
three national forests...[more]
Its
About Time (For All the Good It Will Do)
The
Georgia legislature is considering a bill that will substitute "common
sense" for school zero tolerance policies, which have classified
the most innocent of objects as weapons. Although far from alone,
Georgia has had its share of outrageous punishments administered
to students who had no intent to harm anyone with anything.
Aint
it weird when legislatures find it necessary to institute such laws?
What do they do when they conclude that school administrators involved
in a number of reported zero tolerance cases dont have the
intellectual ability or moral fiber to demonstrate common sense?
If they did, they would either have used it or resigned before subjecting
children to such abuse, and themselves to such ridicule.
Soooey!
Germany has
begun to phase in European Union guidelines regarding the care of
pigs. Henceforth and forthwith, pig farmers must visit all pigs
at least 20 seconds each day, spending both morning and evening
"quality time" with them, provide toys so that the pigs
do not fight and extra winter lighting to keep them from becoming
depressed. Pig pens must be air-conditioned, and special hospital
facilities must be set up so that sick pigs can "recover in
peace."
German agriculture
authorities will conduct surprise inspections to ensure compliance.
You vill talk to your pigs, yes?
Federalizing
State and Local Land Use Policies?
HUD
Releases "Legislative Guidebook"
On November
22, 2001, the Department of Housing and Urban Development (HUD),
in conjunction with the American Planning Association (APA), released
a 2,000 page "Legislative Guidebook" that property rights
foes plan to use to promote so-called "smart growth" policies
at local and state levels...[more]
Dairy
Farmers and Center for Individual Freedom Mount Legal Challenge
to Dairy Checkoff
A
family of dairy farmers, working in conjunction with the Center
for Individual Freedom (CIF), today announced that it has engaged
a prominent agricultural attorney to file a lawsuit challenging
the constitutionality of the USDAs mandatory dairy promotion
program....[more]
Massachusetts
Campaign Finance Reform Melee
Massachusettss
highest court is now refereeing a campaign reform fight with constitutional
implications that has angry voter groups in one corner and a stubborn
legislature in the other...[more]
"Campaign
Finance Reform" Vote Set
The
U.S. House of Representatives has set a vote on so-called "Campaign
Finance Reform," aka Shays-Meehan, for Wednesday, February
14. Debate, which will undoubtedly actuate one of the great political
posture festivals of the season, will be on Tuesday...[more]
A
Sordid Police Trail, Paved in Gypsum
Last
spring, the highly-touted narcotics division of the Dallas Police
Department was on a roll, chalking-up more than a dozen large cocaine
busts, amounting to more than 650 pounds of white powder being pulled
off the streets. It was, perhaps in hindsight, too good to be true...[more]
"Trustworthy
Computing"
Privacy
and Security Deemed Microsofts Top Priorities
As
cyber attacks become more rampant and privacy and security continually
rank as chief concerns among consumers and businesses, the worlds
largest supplier of personal computer software is responding with
its new "Trustworthy Computing" initiative
... [more]
The
Myth of Fingerprints
When
we were in grade school, we were taught that no two snowflakes were,
are or ever could be the same. For the skeptical among us, that
required a gargantuan leap of faith, all things considered, including
the number of uninvestigated snowflakes, past, present and future...[more]
Centers
Executive Director to Introduce HHS Secretary Tommy Thompson at
CPAC 2002
The Center
for Individual Freedoms Executive Director, Eric Schippers,
will introduce Health and Human Services Secretary Tommy Thompson
at CPAC 2002. Secretary Thompson is scheduled to deliver a speech
to the conference at 1:05 pm on Thursday, January 31, the opening
day of this years event...[more]
Hold
the Mayo, Please
It seems
the esteemed Mayo Clinic in Rochester, Minnesota, has been busying
itself lately with the study of detecting (or trying to detect)
lies through a newly-developed facial blushing, heat-seeking camera...[more]
O.J.!
O.J.! Zacarias? (The Trials of Television)
Remember
the O.J. Simpson trial? Of course you do. It was televised, complete
with instant replay, overnight reruns, court handicappers and commentary,
some distinguished, most dreadful. When the action slowed, you got
analyses of Judge Lance Itos bench tchotchkes, bios
of the bailiffs, route maps of the chauffeurs and the menu of Mezzaluna...[more]
Here
a Lynx, There a Lynx
Lost
on most mainstream media in the avalanche of year-end reviews was
a story revealed by the Washington Times on a group of federal and
state wildlife workers who planted false evidence of a threatened
species in three national forests...[more]
Is
Microchip Manufacturer Paving the Road to Easy Street for Big Brother?
A
small chip that can be embedded in a human to store paragraphs of
personal information and transmit them via radio waves to a scanning
device has recently been developed by Applied Digital Solutions
of Palm Beach, Florida...[more]
The
Politics of 2002
A
year plagued by war, recession, bioterror attacks and political
bickering ended with a considerable amount of unfinished business
in the nations capitol by design. Memories of bipartisan
pledges faded as Congress abandoned unity and cooperation with not
even a wink and a nod...[more]
Guest
Commentary
Our
Party Needs To Embrace Tax Cuts
By Senator Zell Miller:
(As appeared in The Wall Street Journal) Why did the Democratic
Party lose so badly last week? It's simple. We didn't give people
any real reason to vote for us and we gave them far too many reasons
to vote against us. We set ourselves up to be taken down by a popular
president who figured out a way to exploit both of those weaknesses
[more]
For
the Homeland;
Congress must give new department more flexibility
By
Representative Rob Portman: It now has been more than
three months since President Bush sent Congress his bold proposal
to create a new Department of Homeland Security, and more than six
weeks since the House passed its version of the legislation. The
House bill kept to the president's basic outline: merging 22 different
agencies and 170,000 employees into one team with a clear mission
to protect our homeland from terrorist threats...[more]
Healthy
Campaigns, Democracy Are Compatible
By Senator Mitch McConnell: (Reprinted with permission
from The Hill) As the
outrage lobby, a.k.a the campaign finance reform industry, continues
its hype and hyperbole, I am reminded of that infamous quote from
the House Democratic leader, Dick Gephardt (Mo.), on this very issue:
"What we have is two important values in direct conflict: freedom
of speech and our desire for healthy campaigns in a healthy democracy.
You can't have both." To the contrary, the free exercise of the
rights protected by our forefathers is the cornerstone of the success
of our society...[more]
Bearing
Arms in D.C.
Will Individuals Get Their Second Amendment Rights?
The District Presents the Test Case
(pdf download)
By Robert A. Levy: (Reprinted with permission from Legal Times)
Michael Freeman is probably a bad dude even a poster boy
for gun control. He was convicted as a juvenile for assault with
intent to kill, then charged as an adult with violating the ban
on handgun possession in the District of Columbia. In short, Freeman
isn't the type of guy who elicits much sympathy for an argument
that prosecutors should drop their pending charge because D.C. gun
laws violate the Second Amendment.
To download
the pdf, click here.
Want
to Cut Taxes? Dont Look to the Media for Help
By Mark
T. Moore: President Bush recently signed into law an
increase in the Federal governments credit limit from $5.95
trillion to $6.4 trillion dollars, a nearly eight percent increase.
Forget about the relative merit, or lack thereof, of each of the
Federal programs accounting for the increased demand of taxpayer
money, focus instead on the fact that our Federal government can
unilaterally raise its own credit limit. Imagine having the power
to raise your own credit limit; thats a scary thought for
most of us...[more]
Harassment
Law Chills Free Speech
By
Kingsley Browne: The Michigan Court of Appeals recently
heard arguments to determine whether Michigan's sexual harassment
law violates the First Amendment. The law fails the constitutional
test in a number of respects...[more]
Let
Hollywood Remain Hollywood
By Bruce
Herschensohn: I have lived in Los Angeles since the early
1940s. For the past 18 of those years I have lived in the Hollywood
area of Los Angeles I think. The reason I have to add the
words "I think" is because the borders of Hollywood have
always been argued. Since I live a couple of doors west of LaBrea
Avenue rather than east of LaBrea Avenue, it might mean I don't
live in Hollywood. It depends on who you talk to...[more]
Fear
of Flying
By Captain
Tracy W. Price: Transportation Undersecretary John Magaw has
announced that he will not permit pilots to carry firearms in the
cockpit. For decades, however, airline pilots were armed with firearms
without accident or incident. From the dawn of commercial aviation
until 1987, airline pilots carried firearms in the cockpit...[more]
Free
Speech Means Not Having to Play "Mother May I?" with the
Government
By
Erik S. Jaffe, Esq.: On Monday, the Supreme Court confirmed
what most people not working for the government intuitively understand:
Forcing people to get permission from the government in order to
speak to their fellow citizens violates the First Amendment. In
its decision in Watchtower Bible & Tract Society of New York
v. Village of Stratton, No. 00-1737 (June 17, 2002), the Court struck
down a village ordinance that required persons wishing to engage
in door-to-door advocacy first to register with the Village and
obtain a permit...{more]
Liar,
Liar, Colorado is on Fire
By
Mark T. Moore: Does anyone remember O.J. Simpson saying
that he would not rest until he found the person who murdered his
ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman? Of
course you do, we all do, but now that O.J. is mostly out of the
limelight playing golf, nobody much cares anymore, except for the
victims families. While O.J. is not at it again, U.S. Forest
Service Ranger Terry Barton apparently thought she could benefit
from an O.J. style subterfuge. Thankfully, she did not succeed.
If she had, someone else may have paid for her crimes, in addition
to the 25 families who have already lost their homes to the fire
she started...[more]
Ninth
Circuit Issues Lincoln Club Ruling On Independent Expenditure Contributions
By
John Eastman, Esq.: A quarter century ago, the Supreme
Court in Buckley v. Valeo held that restrictions on contributions
to candidates were subject to lower scrutiny than restrictions on
expenditures themselves because such contributions were only "speech
by proxy," enabling someone else other than the contributor
to speak...[more]
Battle
of the SUV: Conservation of National Security
By
Jason E. Lippert: In the true spirit of the First
Amendment (most notably the freedoms of speech and assembly), protestors
convened at a local Washington, D.C. Exxon service station. Their
purpose? A counter-demonstration against a conglomeration of public
interest groups including U.S. PIRG, Greenpeace, and the
Alaska Wilderness League calling themselves the Stop Exxon-Mobil
Alliance...[more]
Westover,
West Virginia Suspends Sign Ordinance;
Stops Mayor From Removing Political Signs From Private Property
By Kim Croyle, Esq.:
Following repeated calls by the Center for Individual Freedom to
amend a controversial sign ordinance, the City Council of Westover,
West Virginia, has directed its Mayor to cease requiring permits
for temporary signs and abandon her practice of removing unpermitted
signs from private property until City Council has the opportunity
to examine and amend its ordinance...[more]
The
Crime in Writing True Crime: An Authors Notebook
By
Suzy Spencer: Around 11 AM on June 26, 2001, six days
and one hour after Andrea Yates summoned Houston police to her suburban,
middle-class house and confessed that shed drowned her children,
St. Martins Press contracted me to write a book about the
case. Simultaneously, Judge Belinda Hill of the 230th
District Court in Harris County, Texas, the presiding judge on the
case, placed a gag order on all involved cops, investigators, attorneys
and witnesses. Yates husband, Russell Yates, was served the
gag order at church that night while attending his dead childrens
visitation...[more]
The
Reporter's Privilege: Unresolved
By
Douglas Lee, Esq.:
When the U.S. Supreme Court on April 15 announced the cases it had
most recently accepted, it was difficult to determine which was
more surprising that Victor Moseleys sex shop will
get its day in the U.S. Supreme Court or that Vanessa Leggett wont
get hers...[more]
The
Court vs. the Press: A Case in Point
By
Douglas Lee, Esq.: Alls well that ends well. No
harm, no foul. Hakuna matata. However
phrased, the notion that we neednt worry about the little
things is a dangerous one in the daily struggle to preserve individual
liberties. Consider, for example, the trial of Andrea Yates, the
Texas mother who has admitted to drowning her five children. While
the psychiatrists dueling about her sanity are quite properly the
story, we would be remiss to ignore the affronts against the First
Amendment that have marked this case since its beginning...[more]
The
Risks of Liberty
By Devon
Munro: It
was a beautiful day as I sat in my office in central Virginia and
listened to the news reports recycling the same bits of information,
listened to reporters grilling our government for the sensitive
details of our military plans so they could proudly present them
to the entire world. I turned towards the screen only when it showed
pictures of the rubble again. All day long, as the day before, no
survivors were recovered...[more]
No
Regrets About Developing PGP
By Philip
Zimmermann: 24 September 2001 The Friday September 21st Washington
Post carried an article by Ariana Cha that I feel misrepresents
my views on the role of PGP encryption software in the September
11th terrorist attacks. She interviewed me on Monday September 17th,
and we talked about how I felt about the possibility that the terrorists
might have used PGP in planning their attack. The article states
that as the inventor of PGP, I was "overwhelmed with feelings of
guilt". I never implied that in the interview, and specifically
went out of my way to emphasize to her that that was not the case,
and made her repeat back to me this point so that she would not
get it wrong in the article. This misrepresentation is serious,
because it implies that under the duress of terrorism I have changed
my principles on the importance of cryptography for protecting privacy
and civil liberties in the information age...[more]
American
Phoenix:
The World Trade Center Must Rise From the Ashes
By Michael
Giorgino: The World Trade Center must rise again. Those
magnificent towers, blasted into ruins by terrorists, must once
again soar above New Yorks skyline. Our slaughtered countrymen
must be avenged. Our enemies must be destroyed. This act must not
stand! [more]
The
United Nations Commission On Human Wrongs
By
Bruce Herschensohn: In
May of 1975 Daniel Moynihan became the U.S. Ambassador to the United
Nations. He resigned nine months later. Upon his leaving the U.N.
he gave three definitions of that organization: "a theater
of the absurd, a decomposing corpse, and an insane asylum."
[more]
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