“Yes I Believe in the First Amendment, but . . .”
ts very interesting to listen to the thinking processes of talk show hosts and callers as they discuss the reasons why, in their view, the proposed “Cordoba Mosque” should not be permitted to be built in the same neighborhood as Ground Zero. The gist is that jihadist terrorists are laughing at us or having one over on us. “Yes, I believe in the First Amendment, but …”, they begin.
What is the First Amendment about anyway?
Interesting. Certain politicians and a lot of ordinary people state that they are very insulted by the proposal to build a mosque quite close to Ground Zero. I’ve heard it explained that Islamic warriors always build a mosque on the site of a great victory. These Americans are revolted and shocked and want to know why all other right thinking Americans are not so sickened by this spectacle that we do not unanimously rise up against this mosque.
American Authors to be Protected from Foreign Libel Judgments Inconsistent with First Amendment.
The New York Times reports that the U S Senate unanimously passed a statute protecting American authors from libel judgments obtained overseas in jurisdictions where it is easier to get a verdict. The Times reports that in some places, such as Britain, the burden is placed upon the Defendant in a libel action to prove truth.
Read the Complaint and Brief on DOJ Suit Against Arizona Immigration Law.
The Department of Justice filed a Complaint and Brief in a suit to overturn the controversial Arizona Immigration Law. You can read the Complaint and Brief by clicking this link to Jurist, the University of Pittsburgh web site that covers legal events around the globe. Talk show callers never mention the preemption doctrine, which, of course, this case is all about.
Fourth Amendment and DUI: Blood Tests at the Hospital.
On May 24, 2010 the Superior Court of Pennsylvania, sitting en banc, held that the trial court had erred in suppressing blood test results taken by hospital staff because in the absence of specific indications to the contrary, it is presumed that the blood was drawn for independent medical purposes, not for the purpose of convicting defendant and could, by statute, be obtained by police with a search warrant. Commonwealth v. Keith A. Miller, No. 884 MDA 2008.
EXCUSE ME, EVERYBODY, BUT A SUSPECT IS STILL JUST A SUSPECT: LIMITING MIRANDA.
I will bet the first person to contact me with a contrary comment, a month of (modestly priced) lunches that any legislation seeking to permit a citizen to be convicted on a confession deliberately obtained without a Miranda warning will not make it past the United States Supreme Court, regardless of the ideological composition of the Court at the time.
In the Matter of George B. Vashon: Righting Wrongs.
The Pennsylvania Supreme Court, on motion of Pittsburgh Attorney Wendell Freeman, admitted George B. Vashon to the Bar. He was denied the right to apply for membership in the Allegheny County Bar Association in 1847 on account of his race, as set forth in the following opinion:
Another Change at the Supreme Court
Stevens was not the longest serving member of the Court. That would be William O. Douglas, the “Liberal Lion” who authored a lion’s share of the most important opinions of the 20th Century. His tenure on the Court was almost 37 years. Stevens replaced Douglas in 1975 and that might have been on his mind when he first announced retirement. If Stevens didn’t retire soon, in a couple of years he would surpass Douglas in longevity on the Court. Is that what a man like John Paul Stevens would want to do? I don’t think that he would.
Deportation or Jail? The Padilla Case.
The allegation of ineffective assistance of counsel is a primary avenue to a new trial following guilty plea or a conviction. A waiver of trial by pleading guilty must be knowing and courts frequently make queries on the record to establish that a guilty plea was given with full knowledge. Advice as to collateral matters, such as deportation, has not ordinarily been considered by courts in determining effective assistance. But now it must.
Roethlisberger Media Coverage: A Refresher on the Presumption of Innocence.
Recently, the story of an accusation of sexual assault at a nightclub in a Georgia college town hit the news before there was any substantive news to hit. The fact that one of the participants was Ben Roethlisberger set off big time news coverage, despite the fact that no official accusation has been made by the police. No one has been arrested and no one has been charged.
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CLIFF TUTTLE has been a Pennsylvania lawyer for over 36 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.
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