Precursor to newest Constitutional Amendment: Only the government may own cameras

Long Island police make mother of three pay for taking photos of decorative helicopter in front of airport. This case involving Nancy Genovese is but one of many cases where law enforcement officers have been exposed for harassing and hurting people who are guilty of absolutely nothing. It's a long trend here in the United States. The government can spy all it wants, while the people are increasingly prohibited from expressing themselves or even from being curious. A lot of people are squeamish about Wikileaks, but it Wikileaks is an organization that does nothing different than the New York Times claims to be doing, yet the United States has illegally forced it into submission. And although Nancy Genovese did not claim to be doing serious investigative journalism, the American Vision News reports that she was was acting as a citizen journalist:

Nancy Genovese stopped her car on the side of the road across the street from the airport in an area that is open and accessible to the public, and crossed over the road to the airport entryway that is also open and accessible to the public to take a picture of the helicopter display. While still in her car, she took a picture of the decorative helicopter shell with the intention of posting it on her personal “Support Our Troops” web page.

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Businesses souring on arbitration

The website Arbitration Nation has reported on the cognitive dissonance experienced by businesses when it comes to arbitration of commercial disputes. Based on a new survey, only 60% of companies arbitrated commercial disputes in 2011, compared to 85% in 1997. Why aren't businesses clamoring to arbitrate their disputes with other businesses?

The most common reasons given by survey respondents (general counsel and senior corporate lawyers) for not using arbitration included: the difficulty of appeal, the perception that arbitrators tend to compromise, the concern that arbitrators may not follow the law, a lack of confidence in neutrals, and high costs of arbitration. The study, conducted through Cornell’s Survey Research Institute, was co-sponsored by Pepperdine’s Straus Institute for Dispute Resolution, Cornell University, and the International Institute for Conflict Prevention & Resolution (CPR). (Its results are not currently available on-line.)
Arbitration Nation noted that while businesses are increasingly avoiding arbitration, the United States Supreme Court is making it more making it increasingly difficult to avoid the application of harsh arbitration contracts. Of course, most of the new court holdings enforcing pre-dispute mandatory arbitration clauses victimize non-businesses, such as consumers, employees and victims of civil rights abuses. Arbitration Nation links to a new article by Thomas Stipanowich that proposes a rating and ranking system for arbitration processes. We already have ample evidence exempt these group from mandatory arbitration. It is palpably clear that big businesses are using mandatory arbitration to take advantage of consumers, employees and victims of civil rights abuses, using their disparate bargaining power. They are using "arbitration" as a method of gaining immunity for their illegal actions. They are doing this, even as they vote with their feet that they don't like arbitration for themselves. Instead of gathering more data, we completely carve out consumers, employees and civil rights plaintiffs from being required to arbitrate. Sure, give them the option of arbitrating a case, but only after a dispute has arisen; never force them into mandatory, binding, pre-dispute arbitration. What I have just described is the approach of the Arbitration Fairness Act.

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John Yoo is immune from civil suits based on torture invited by his memos

John Yoo, the Bush attorney who authored memos authorizing torture is immune from civil lawsuit invited by his memos, based on a recent ruling by the 9th Circuit Court of Appeals. This ruling is unsurprising, in that it comports with a disturbing trend. Glenn Greenwald explains: [C]onsider these two facts:

(1) not a single War on Terror victim — not one — has been permitted to sue for damages in an American court over what was done to them, even when everyone admits they were completely innocent, even when they were subjected to the most brutal torture, and even when the judiciary of other countries permitted their lawsuits to proceed; and, (2) not a single government official — not one — has been held legally accountable, either criminally or even civilly, for any War on Terror crimes or abuses; perversely, the only government officials to pay any price were the ones who blew the whistle on those crimes. That is how history will record the behavior of American federal judges in the face of the post-9/11 onslaught of anti-Muslim persecution and relentless erosions of core rights.
The trend is further supported by a recent report that out of almost 1800 FISA requests (most for eavesdropping) filed by the federal government in 2011, none of them were denied. This statistic begs for the following commentary by Greenwald:
This is a perfect expression of how the federal judiciary, in general, behaves in the face of claims of National Security from the Executive Branch: as an impotent, eager rubber-stamping servant.

Continue ReadingJohn Yoo is immune from civil suits based on torture invited by his memos

EFF offers some thoughts on World Press Freedom Day

Electronic Frontier Foundation offers a thought-provoking article about World Press Freedom day. The bottom line is that the United States can do much better than it is currently doing. Here's an excerpt from the article:

Journalists' sources in the U.S. have been the hardest hit in recent years. The current administration has used the Espionage Act to prosecute a record six whistleblowers for leaking information to the press—more than the rest of the previous administrations combined. Many of these whistleblowers have exposed constitutional violations such as the NSA’s warrantless wiretapping program and the CIA’s waterboarding practices—issues clearly in the public interest—and now face years in prison. Meanwhile, the Justice Department has brought no prosecutions for the crimes underlying the exposed allegations. In addition, a grand jury is reportedly still investigating WikiLeaks for violations of the Espionage Act for publishing classified information—a practice that has traditionally been protected by the First Amendment and which other newspapers engage in regularly. It would not only be completely unprecedented to prosecute a publisher under the archaic statute, but would also endanger many U.S. based publications like the New York Times. And as former State Department spokesman P.J. Crowley has remarked, the U.S. government’s investigation into WikiLeaks undermines the United States’ ability to pressure countries like Russia and China to allow greater press freedom.

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Obama: I’m only the President of the United States.. My hands are tied.

Glenn Greenwald points out Barack Obama's hypocrisy when he asserts that he cannot stop the federal government from prosecuting sick people with prescriptions. He said everything but this (with sums up his idiotic position): "Sorry, but I'm only the highest ranking law enforcement officer in the United States." Here's an excerpt from Greenwald's insights on Obama's crackdown on medical marijuana:

"As an emailer just put it to me: “Interesting how this principle holds for prosecuting [medical] marijuana producers in the war on drugs, but not for prosecuting US officials in the war on terror. Or telecommunications companies for illegal spying. Or Wall Street banks for mortgage fraud.” That’s about as vivid an expression of the President’s agenda, and his sense of justice, and the state of the Rule of Law in America, as one can imagine. The same person who directed the DOJ to shield torturers and illegal government eavesdroppers from criminal investigation, and who voted to retroactively immunize the nation’s largest telecom giants when they got caught enabling criminal spying on Americans, and whose DOJ has failed to indict a single Wall Street executive in connection with the 2008 financial crisis or mortgage fraud scandal, suddenly discovers the imperatives of The Rule of Law when it comes to those, in accordance with state law, providing medical marijuana to sick people with a prescription."

Continue ReadingObama: I’m only the President of the United States.. My hands are tied.