Ten Travesties Of Justice In 2013

Every year, stories emerge that serve as a reminder that the American system of justice means injustice for too many, with some receiving little or no punishment for egregious offenses, while others receive harsh or faulty punishment for much less. Here are some of the worst injustices of 2013:

1. An Alabama blogger is still sitting in a jail cell for exercising his First Amendment rights

Blogger Roger Shuler drew the ire of the powers that be when he continued to write about the alleged extramarital affair of a prominent lawyer rumored to be running for Congress. The lawyer and son of former Alabama governor Bob Riley, Robert Riley, Jr., won a temporary restraining order that prohibited Shuler from writing anything about Riley’s alleged extramarital affair and other related stories. The order itself was almost certainly a violation of First Amendment law. But Alabama officials took the dispute a step further when they pursued him for a traffic stop and arrested him for contempt. In spite of advocacy from the ACLU and others, Shuler has now been in a jail cell for two months for his journalism.

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Court: Hitting "Like" on Facebook Protected by First Amendment

A federal appeals court overturned a lower court decision on Wednesday, ruling that clicking the “Like” button on Facebook in support of a political candidate amounts to constitutionally protected speech.

The case was brought by former employees at a Virginia sheriff's office who said they lost their jobs because they supported their boss’ opponent in the local election and had the cheek to "Like" his campaign page on Facebook.

Here’s a bit more of the back story from the Atlantic:

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How a Law Aimed at Sex Offenders Could Feed into the Growing Surveillance State

A new precedent for chilling 1st Amendment rights.

Last November, California voters overwhelmingly approved Proposition 35, the Californians Against Sexual Exploitation (CASE) Act. Like “tough on crime” anti-trafficking legislation around the country, Proposition 35 was presented as bolstering law enforcement's ability to fight human trafficking by introducing a bundle of new laws that, most prominently, increased penalties for those convicted of trafficking human labor, made prostitution a sex crime, and with less public attention, created a new requirement for registered sex offenders. 

Under this last provision, all 73,000 registered sex offenders are required to submit their Internet service providers and "Internet identifiers” to their local police department within 24 hours of creating each new one, or face up to three years in jail. “Identifiers” include every name or username a registrant uses for any online activities he engages in, from posting a comment in a news outlet to shopping.

The day after Prop 35 was voted into law, the Electronic Frontier Foundation and the ACLU of Northern California filed a class action complaint on behalf of two anonymous registrants and the advocacy group, California Reform Sex Offender Laws, against the provision under question, claiming that it was unconstitutionally broad and would create a chilling effect on registrants’ free speech and associative rights. In response, the District Court immediately issued a temporary restraining order on Nov. 8, 2012, and eventually, a preliminary injunction on Jan. 11, 2013.

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Mass Arrests Likely at Political Conventions: 6 Historical Precedents

Clinton's law designates political conventions National Special Security Events, a category of state security that virtually dooms the exercise of First Amendment Rights. 

The Republican and Democratic Party conventions later this summer will probably witness the mass arrest of many American citizens assembling to exercise their First Amendment rights. Mass arrests accompanied the Republican conventions held in New York in 2004, when 900 people were busted, and in St. Paul in 2008 when 300 were detained, including 30 journalists.

A political convention is designated a National Special Security Event (NSSE), a category of state security originally established by President Clinton through a classified 1998 directive. NSSEs also include the Olympics, the Super Bowl and gatherings of world leaders like the G20 or NATO summits. An event receiving a NSSE designation gives federal and local law enforcement wide discretion, often leading them to treat protesters as potential terrorists and threats to national security.

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Film The Police

From the reaction of many police officers to being filmed, this may be more incendiary than the song that inspired it:

There has been a nationwide move to restrict the people's right to film the authorities in the course of their duties and I would expect there to be much more of that as the culture of dissent explodes across the country.

In one of the most pointed opinions yet, the U.S. First Circuit ruled unanimously against the police in one of these cases:

For those of you not familiar with Simon Glik's case, Glik was arrested on October 1, 2007, after openly using his cell phone to record three police officers arresting a suspect on Boston Common. In return for his efforts to record what he suspected might be police brutality -- in a pattern that is now all too familiar -- Glik was charged with criminal violation of the Massachusetts wiretap act, aiding the escape of a prisoner and disturbing the peace.

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Thought Crime in Washington: No Free Speech at Mr. Jefferson’s Library

George Orwell, Philip K. Dick, and Ray Bradbury Would Have Recognized Morris Davis's Problem

Here’s the First Amendment, in full: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Those beautiful words, almost haiku-like, are the sparse poetry of the American democratic experiment. The Founders purposely wrote the First Amendment to read broadly, and not like a snippet of tax code, in order to emphasize that it should encompass everything from shouted religious rantings to eloquent political criticism. Go ahead, reread it aloud at this moment when the government seems to be carving out an exception to it large enough to drive a tank through.

As the occupiers of Zuccotti Park, like those pepper-sprayed at UC Davis or the Marine veteran shot in Oakland, recently found out, the government’s ability to limit free speech, to stopper the First Amendment, to undercut the right to peaceably assemble and petition for redress of grievances, is perhaps the most critical issue our republic can face. If you were to write the history of the last decade in Washington, it might well be a story of how, issue by issue, the government freed itself from legal and constitutional bounds when it came to torture, the assassination of U.S. citizens, the holding of prisoners without trial or access to a court of law, the illegal surveillance of American citizens, and so on. In the process, it has entrenched itself in a comfortable shadowland of ever more impenetrable secrecy, while going after any whistleblower who might shine a light in.

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UC Davis Pepper-Spray Video Shows Importance of Civilian Oversight of Police

Video of the Nov. 18 incident tells a different story. It shows a group of Occupy Davis student protesters sitting peacefully with arms interlocked while a UC Davis police officer walks back and forth, dousing them at close range with liberal amounts of pepper spray. There is an awful contemptuousness in his bearing. He could be spraying weeds in his garden or roaches in his kitchen.

The victims of this assault have described the pain in searing terms. They speak of burning skin and vomiting, of the inability to breathe, of feeling as if acid had been poured into their faces. Two cops involved with this atrocity and the chief of police have been suspended — with pay. One hopes this is preparatory to a summary dismissal.

As we grapple with this vandalism of the First Amendment, we should ask ourselves this: What if there had been no cameras on hand? What if we had only the word of the protesters and their sympathizers that this happened versus the word of authority figures that it did not? Is it so hard to imagine the students' claims being dismissed, the media attention being a fraction of what it is, the public's outrage falling along predictable ideological lines and these cops getting a walk?

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Arrest Warrant for "Sex Crimes" Against Wikileaks Founder Julian Assange Is for "Sex Without a Condom", NOT Non-Consensual Rape Using Force

Interpol has issued an arrest warrant for Wikileaks founder Julian Assange for "sex crimes".

Everyone assumed it was for rape.

But it turns out it was for violating an obscure Swedish law against having sex without a condom.

As Newsweek wrote in August:

A Swedish lawyer representing two women whose allegations triggered a sexual-misconduct investigation of WikiLeaks founder Julian Assange has given [Newsweek column] Declassified the first on-the-record confirmation of the allegations that led to the issuance—and then rapid cancellation—of a warrant on a rape charge and to a parallel investigation into alleged “molestation." Claes Borgstrom of the Stockholm law firm Borgstrom and Bostrom, who is representing two women who said they had sexual relationships with Assange, said his clients complained to the police of Assange's reluctance to use condoms and unwillingness to be tested for sexually transmitted disease.

***

Borgstrom said that specific details about the the allegations had not yet appeared in Swedish media. But he acknowledged that the principal concern the women had about Assange’s behavior—which they reported to police in person—related to his lack of interest in using condoms and his refusal to undergo testing, at the women’s request, for sexually transmitted disease. A detailed, chronological account of the women’s alleged encounters with Assange—which in both cases began with consensual sexual contact but later included what the women claimed was nonconsensual sex, in which Assange didn’t use a condom—was published on Tuesday by The Guardian; a Declassified item included a more explicit reference than The Guardian to Assange’s declining to submit to medical tests.

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Meanwhile, Assange's arrest is imminent but Wikileaks will continue. Assange is not acting alone and the documents he says will be released will be released. Despite Holy Joe Lieberman running around trying to shut down the Internet. Tom

National Lawyers Guild SF Bay Area Denounces Police Violence, Unlawful Arrests and Jailing of Peaceful Demonstrators After Mehserle Sentence

SAN FRANCISCO - November 8 - The National Lawyers Guild SF Bay Area ("NLG") denounces the violent, unnecessary, and wasteful Oakland Police response to peaceful protests on Friday evening, November 5. Police arrested at least one NLG Legal Observer along with approximately 150 demonstrators who were peacefully marching to the Fruitvale BART station, the site where Mehserle shot Oscar Grant in the back, killing him. The demonstrators were illegally jailed into the weekend.

NLG Legal Observers monitor police activity at public demonstrations to prevent police brutality and hold police accountable for misconduct. The NLG also provides legal support to those arrested in connection with First Amendment activity.

Hundreds of heavily armed police from at least seven different Bay Area law enforcement agencies swarmed through downtown Oakland and the Eastlake neighborhood Friday night. "The police surrounded the demonstrators, trapping and arresting numerous people who were doing nothing but protesting the unjust sentence, including one of our legal observers," explained NLG Executive Director Carlos Villarreal. "There has been a lot of media attention on a few incidents of property damage Friday night, but like we saw on July 8, the police action actually focused on shutting down the lawful political demonstration."

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