Civil Liberties

The People of Central Falls Should Fire Their Receiver

By Justin Katz | August 20, 2010 |

… only they can’t, because the people who govern Rhode Island have decided that bond ratings justify a sort of economic martial law. They simply don’t believe that democracy works. So, bond rating agencies’ threat to devalue Rhode Island’s ability to borrow more money (which it shouldn’t be doing, anyway) has given a single man,…

Injustice Seen Across the Political Board

By Justin Katz | August 16, 2010 |

By way of an update on the local situation, here’s a press release from Tiverton Citizens for Change (TCC) President David Nelson: Citing the important free speech issues involved in the case, the ACLU of Rhode Island today announced it has agreed to represent Tiverton resident David Nelson, the president of a local tax reform…

Strange Arguments Against an Armed Citizenry

By Justin Katz | August 9, 2010 |

Wheaton College philosophy of law professor Stephen Mathis argues against the belief that the Second Amendment seeks to ensure, in part, that the citizens of the United States cannot be bullied by their government — creating a “right to revolution,” as he puts it. His points, however, are self contradictory and conceptually flawed. First the…

Standing Up to That Old Time Political Bullying

By Monique Chartier | August 2, 2010 |

Justin’s post announcing Arruda and Durfee’s despicable lawsuit against Dave Nelson here. The following press release from the defendant was in my in-box this morning. Note well the second paragraph describing a demand that Dave rat out his fellow concerned citizens, apparently for the crime of behaving like … concerned citizens. A principle of democracy…

A Troubling Power Grab from the State

By Justin Katz | July 27, 2010 |

Between its efforts to scrub religious heritage from the public square, the ACLU does occasionally address issues of wider concern, and I agree with its Rhode Island head on the issue of the state’s placing Central Falls in receivership: Brown’s problem with the receivership law is Article XIII of the state Constitution, which concerns home…

Taxman as Enforcer

By Justin Katz | July 27, 2010 |

Randy Barnett has been following litigation in response to the individual mandate of the healthcare legislation that the Democrats rammed through Congress. Noting that the Obama administration’s reliance on a claim of Congress’s taxation power proves that arguments against the legislation’s claims of Commerce Clause authority were never “frivolous,” Barnett explains that the law, itself,…

So When Will the ACLU Be Filing the Other Suit Necessary to Protect “Separation of Church and State” in Cranston?

By Carroll Andrew Morse | July 26, 2010 |

The controversy surrounding the banner displayed at Cranston High School West which uses the words “Heavenly Father” and “Amen” has unintentionally revealed another issue concerning the principle of “separation of church and state” in the City of Cranston. As was reported by Maria Armental in the Projo, Cranston’s School Committee maintains an official policy telling…

Offense Against Sharia as Disorderly Conduct; Conformity with Sharia as Excuse Under the Law

By Justin Katz | July 26, 2010 |

It’s difficult to believe that this is real, but it appears to be: Nearly a dozen uniformed police officers descend upon a few young men handing out English/Arabic copies of the Gospel of St. John on a public street outside an Arab festival in Michigan, take them into custody, and release them with instructions not…

Their Best Weapon Is That Which Ought to Target Them

By Justin Katz | July 23, 2010 |

Reviewing the background of hate-speech policies at the international level, Jacob Mchangama notes an interesting dynamic that one encounters in other areas of human interaction: Human-rights agencies are sympathetic to hate-speech laws partly because international human-rights con­ventions at the United Nations were instrumental in globalizing and mainstreaming them. The U.N.’s International Cov­e­nant on Civil and…

Shutting Down the Alternative

By Justin Katz | July 21, 2010 |

This is the sort of thing about which all Americans should strive to be aware: Hot on the heels of recent threats from Vice President Joe Biden and Intellectual Property Enforcement Coordinator Victoria Espinel directed at sites offering unauthorized movies and music, last month U.S. authorities targeted several sites they claimed were connected to the…