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Unconstitutional

Are Political Lies Constitutional?

Chris Weigant | Posted 04.16.2014 | Politics
Chris Weigant

Popular political speech needs no protection from the First Amendment -- it never has. It is unpopular political speech -- even downright lies -- which need defending by the courts. As ignoble and as impure as that may sound.

Maine Governor Proposes State Commission To Fact-Check Campaigns

The Huffington Post | Sara Bondioli | Posted 03.27.2014 | Politics

A proposal by Maine Gov. Paul LePage (R) to have the state's ethics panel fact-check campaign statements is raising concerns about possible First Amen...

Death Penalty Unconstitutional in Oklahoma? What's Next?

Adam Banner | Posted 03.27.2014 | Politics
Adam Banner

As an Oklahoma criminal defense attorney, I've been following the new death penalty developments fairly closely. It's probably safe to say that our Death Row hasn't been this shaken up since the state retired the electric chair after the electrocution of James French in 1966.

There's nothing nuclear about the nuclear option

Dale Hansen | Posted 02.01.2014 | Politics
Dale Hansen

Harry Reid and Senate Democrats made waves last week when they detonated the "nuclear option." Thanks to this change in Senate rules, ending debate on...

Colin Quinn Tells It Like It Was

Karen Geier | Posted 11.24.2013 | Comedy
Karen Geier

Colin Quinn has never been at a loss for words, and yet in 2011, he managed to do the impossible: Summarize the history of the world down to just...

Obama's Second Term Feels Like Bush's Fourth

Michael Shammas | Posted 10.09.2013 | College
Michael Shammas

Obama's slogans -- "change we can believe in" and so on -- sound like empty promises. His lofty rhetoric and certainly his Nobel Peace Prize are insults to educated people everywhere.

What Lincoln and Jefferson Can Teach Us About NSA Surveillance

Brian Levin | Posted 09.11.2013 | Politics
Brian Levin

Sometimes, upholding the Constitution and protecting the country it set out to establish might involve acts that appear to violate bits and pieces of it. We should talk about transparency, oversight, and striking a balance between liberty and security.

The Death Penalty Is Premeditated, Unconstitutional Murder

Michael Shammas | Posted 08.13.2013 | Crime
Michael Shammas

The Supreme Court got it right in 1972. The death penalty does violate the Constitution, because it is cruel and unusual punishment. And here's why.

"Poor Alaskans": Court Blasts Alaska's Redistricting

John Aronno | Posted 08.03.2013 | Politics
John Aronno

The last round of reapportionment in Alaska didn't meet any rational smell check. The heavily right-leaning redistricting board focused on pitting political rivals against each other and erected new obstacles for left-leaning candidates and incumbents in their home districts.

Romney Rep. Peter King: Kill List 'Constitutional'

Dan Johnson | Posted 12.28.2012 | Politics
Dan Johnson

Representative Peter King (R-NY) was questioned by Luke Rudkowski of We Are Change about the "Presidential Kill List" last week. His exact words? "Tot...

Does the US Constitution Apply to the 9/11 Trial? Maybe

Daphne Eviatar | Posted 12.18.2012 | World
Daphne Eviatar

Today, lawyers for the five alleged co-conspirators in the September 11th terrorist attacks asked the judge to please let them know: Are we operating under a Constitutional framework here or not? Exactly what Constitutional rights do our clients have?

Oklahoma Attorney Fights Law Prohibiting Sex Between Students, Teachers

Posted 09.07.2012 | Education

The attorney for a former Oklahoma high school basketball coach accused of raping a 16-year-old female student is challenging a state law that prohibi...

School Transfer Law Suffers Another Defeat In Court

Posted 08.27.2012 | Education

A judge ruled last week that a Missouri law that would have allowed students to transfer out of failing school districts to neighboring counties was u...

The Two Problems With the New Push for Vouchers

Roy Speckhardt | Posted 10.17.2012 | Education
Roy Speckhardt

When schoolchildren are taught religious dogma instead of a credible academic program, their ability to function in the real world and compete for jobs is drastically diminished.

Hair Braider Wins Weird Battle Against Utah

AP | IVAN MORENO | Posted 10.10.2012 | Business

SALT LAKE CITY -- A Utah woman who braids hair to supplement her family's income has won a federal lawsuit against the state over its licensing proces...

Laughable Online Censorship Attempt Won't Last a New York Minute

Chris Weigant | Posted 07.23.2012 | Politics
Chris Weigant

Republicans in the New York state government are attempting to pass a law that would ban anonymous comments online. Even if they actually passed the act, once it arrived in a federal court it would be tossed out in a "New York minute" (as they say).

The "Individual Mandate" Is a Great Advance for Freedom

Jesse Larner | Posted 06.02.2012 | Politics
Jesse Larner

Libertarians are fond of saying, "Your right to swing your fist ends where my chin begins." The idea is that the only legitimate limits on freedom of ...

Democrats Want Hardworking Americans to Pay for Everything! Now, the Internet?

The Relentless Conservative | Posted 10.26.2011 | Technology
The Relentless Conservative

While the Internet may be important, there's no reason why the rest of us paying customers should pay more so that the unemployed and chronic poor get a free ride.

Finally, A Win For Planned Parenthood

AP | CHARLES WILSON and DEANNA MARTIN | Posted 08.24.2011 | Politics

INDIANAPOLIS — Indiana is not allowed to cut off Planned Parenthood's public funding for general health services solely because the organization...

Laura Gottesdiener

Supreme Court: California Prison System Inmates Suffer From Cruel And Unusual Punishment

HuffingtonPost.com | Laura Gottesdiener | Posted 07.24.2011 | Los Angeles

A crumbling building called East Block, a section of California’s oldest jail, San Quentin State Prison, houses some of the state’s most dangerous...

Elise Foley

Arizona Sets Stage For Another Legal Showdown Over Immigration

HuffingtonPost.com | Elise Foley | Posted 05.25.2011 | Politics

WASHINGTON -- The lawmaker behind Arizona's infamous bill cracking down on undocumented immigrants has introduced additional anti-immigrant legislatio...

Why the Individual Mandate Is Doomed

Jeff Norman | Posted 05.25.2011 | Politics
Jeff Norman

A majority of American taxpayers will be required to buy health insurance or pay a penalty starting in 2014 if the new healthcare law isn't overturned or revised. I predict it will be.

Obama Administration Should Answer the Broccoli Question About Health Insurance Mandate

Jeff Norman | Posted 05.25.2011 | Politics
Jeff Norman

It's one thing for the federal government to believe it lacks authority to require us to buy broccoli, and another to assert that although it has such authority, it won't be exercised.

Colorado Campaign Finance Law Ruled Unconstitutional By 10th Circuit Court Of Appeals

AP | P. SOLOMON BANDA | Posted 05.25.2011 | Denver

DENVER — A federal appellate court ruled Tuesday that requiring small groups who promote ballot initiatives to file campaign finance reports is ...

Cartoon: Targeting Illegals Illegally

Shan Wells | Posted 05.25.2011 | Denver
Shan Wells

Arizona's GOP has made a huge mistake with their recent panicky blunder into immigration law. There are pressing problems with that state's border, but the new statute is a Jim Crow throwback.