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Restless Dems begin plotting Obama work-arounds for 2012

Tweet With big battles ahead for the White House and the lame duck Congress on everything from unemployment benefits to tax cuts to the DREAM Act, Don’t Ask Don’t Tell and the START treaty, multiple reports suggest some Democrats are growing impatient with the White House, and are starting...

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VIRGINIA: Leader Of Anti-Gay Episcopal Sect Fired In Pornography Scandal

Posted by admin | Posted in The Capitol | Posted on 07-01-2011

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Episcopal Rev. Marshall Brown, who helped 14 Virginia parishes leave the main church in protest of the elevation of openly gay Bishop Gene Robinson, has been fired by his Fairfax, Virginia parish for viewing pornography on church computers. It was Brown’s Truro Church that spearheaded the continuing schism in the American Anglican Church over the ordination of gays.

Truro’s rejection of what its congregants saw as a non-biblical liberal tilt in the denomination made international news. Dozens of Episcopal churches have since joined an umbrella group of religious conservatives who oppose the acceptance of same-sex relationships and the idea that non-Christian religions have equal access to God. In 2005, Truro arranged for Brown, now 57, to get treatment for an Internet addiction after he reported having a problem, according to Bishop Martyn Minns, who was Truro’s rector at the time and is now bishop of the Convocation of Anglicans in North America, the umbrella group of breakaway churches.

The Anglican Church is currently suing Truro Church over the ownership of its properties, which are valued in the tens of millions of dollars. Nice work, Rev. Busyfingers! So which was it? Manhunt? Sean Cody?

Joe. My. God.

“Zionists broadcast pornography to child prisoners”

Posted by admin | Posted in Uncategorized | Posted on 06-01-2011

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Palestinian Arabs are accusing Israel of showing pornography to its Arab prisoners under the age of 18.

Palestine Today reports that Mohammed Khalaf was recently released from the children’s section of the Megiddo prison. He is quoted as saying that “the prison administration is running several channels of pornography in the section for those who are under 18 years old.”

This is an outrage! My cable company charges extra for adult films, and Israel’s prisons provide several channels for free?

This ridiculous story is already spreading quickly throughout the online Arabic media sites.



Elder of Ziyon

The Proposed “Activity/Inactivity” Distinction and the Child Pornography Laws

Posted by admin | Posted in The Capitol | Posted on 28-12-2010

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(Orin Kerr)

One of the interesting arguments raised in the litigation over the individual mandate is whether courts should adopt a new activity/inactivity distinction in Commerce Clause doctrine. As I understand the argument in favor of the proposed distinction, the Constitution permits Congress to punish you for doing something that it prohibits but can’t punish you for not doing something that it requires.

Unfortunately, I’ve had a hard time getting proponents of this theory to explain exactly what it means, so I thought an example might be helpful to help us work through some of the issues. Federal criminal law imposes a mandate upon any person who comes into innocent possession of child pornography. If a person comes into innocent possession of child pornography — for example, if they receive an unsolicited book in the mail, or an e-mail with an attachment that contains child pornography — the law requires them to act to avoid criminal liability. Specifically, the person must:

promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any visual depiction or copy thereof—
(A) [take] reasonable steps to destroy each such visual depiction; or
(B) report[] the matter to a law enforcement agency and afforded that agency access to each such visual depiction.

18 U.S.C. 2252(c) If they do not do this, then they are guilty of a very serious federal felony crime that can send them to jail for several years.

I have two questions for proponents of the activity/inactivity distinction. First, in your view, does this law violate the Commerce Clause by regulating inactivity?

Second, if you think that this mandate violates the Commerce Clause, what law must be struck down? The quoted statute, 18 U.S.C. 2252(c), is a statutory exemption to liability in the child pornography law. It is a “mandate” in the sense that it gives people a way to avoid going to jail. If the child pornography laws are an unconstitutional mandate, must the child pornography laws be struck down at least as applied to innocent possession? In other words, is it beyond the reach of Congress to require those who come into innocent possession of child pornography to take reasonable steps to destroy it or report the matter to law enforcement?




The Volokh Conspiracy

UConn Football Player Arrested On Child Pornography Charge; Redshirt Freshman Will Not Play In Fiesta Bowl

Posted by admin | Posted in The Capitol | Posted on 12-12-2010

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A University of Connecticut football player has been arrested on child pornography charges - one of two students charged in separate cases.

Gregory J. McKee, a redshirt freshman, did not play in any games this year, and he will not be playing in the Fiesta Bowl in Arizona against highly touted Oklahoma on New Year’s Day.

McKee was arrested by state police following an investigation and was held on $ 75,000 bail.

A second student, 21-year-old Steven D. Lewis, was arrested by the FBI at his UConn dormitory on federal charges that involved receiving and distributing child pornography. He is the president of the French Club at the university.

Capitol Watch

Bozell Column: The Diseases of Pornography

Posted by admin | Posted in The Capitol | Posted on 11-12-2010

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Derrick Burts, 24, started working as a porn-film actor in June. By October, he'd contracted the HIV virus. The AP story on Burts contained this jaw-dropping sentence: “He said he began to have doubts about the business after contracting chlamydia, gonorrhea, and herpes in his first month of work, but was convinced to keep working.”

Burts claimed "I wasn't stupid or oblivious, I knew what was out there. But it's not something you think about when they fill your head" with lucrative offers and promises that the work is safe. Lured into the porn world with the promise that he looked like money, Burts concluded his greed was unwise: "Making $ 10,000 or $ 15,000 for porn isn't worth your life."

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NewsBusters.org - Exposing Liberal Media Bias

Elephant Law + Hard-Core Pornography

Posted by admin | Posted in The Capitol | Posted on 10-12-2010

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(Eugene Volokh)

Cal. Penal Code § 596.5 bans certain forms of elephant abuse, and Aaron Leider argues that the L.A. Zoo is engaging in “abusing behavior” towards its elephants by, among other things, giving them only 3.5 acres per elephant of space. Judge John Wiley — a former criminal law professor here at UCLA — rejected this argument in Leider v. Lewis (Cal. Super. Ct. Dec. 9), in the process discussing fair notice of criminal law more broadly. The pornography link comes in this passage:

After more than three years of litigation, Leider himself has been vague, even silent, on specifics of his proposed reforms. Leider obviously believes the Zoo’s elephant exhibit is too small. But how big would be big enough? Paragraph 34 of the First Amended Complaint suggests that “over 100 acres” might be enough, if the land suits elephants. Leider has not been more definite than that. So according to Leider, this criminal statute requires more than 3.5 acres per elephant and 100+ acres would do, if the land is good.
If the land is good and the treatment exemplary, what exactly would be the acre minimum? In other words, what is the law, according to Leider?

As Holmes said about the criminal law, “it is reasonable that a fair warning should be given to the world in language that the common world will understand, of what the law intends to do if a certain line is passed.” Where is that certain line in section 596.5? At what point would defendant zookeeper Lewis become a criminal? Fifty acres? Five?

Leider acknowledges the importance of the statute’s “plain meaning.” The practical effect of his proposed interpretation, however, would keep the statute’s true content concealed and unpredictable. Under the Leider approach, no zoo designer could know how to comply with section 596.5 simply by reading it.

Leider emphasizes the unpredictability of his proposal by saying it “fits nicely within the ambit of the famous quotation of Justice Potter Stewart referring to the definition of hard-core pornography, concluding that ‘I know it when I see it.’ (Jacobellis v. State of Ohio (1964) 378 U.S. 184, 197.)”

Justice Stewart‟s “I know it when I see it” quotation is infamous. It was the notorious triumph of unpredictable subjectivity over the objective rule of law. Justice Stewart himself recognized the error of his 1964 statement — which no other Justice would join — when he later JOINED Justice Brennan’s 1973 critique of the gaffe. (See Paris Adult Theatre I v. Slaton (1973) 413 U.S. 49, 73 and 84 (Stewart, J., joining Brennan, J., dissenting).)

When people tell you they “know it when they see it,” they are saying they have no better way to describe it. Lacking an objective description, their reaction will be objectively unpredictable. That is the problem here. Leider advocates an interpretation of the Penal Code that is objectively unpredictable. In the criminal law, this problem is fatal. Leider is right to say his proposed interpretation “fits nicely within the ambit of the famous quotation.” That concisely explains why Leider’s proposal is incorrect.




The Volokh Conspiracy

Hamas minister: “Zionists use drugs, pornography to destroy our youth”

Posted by admin | Posted in Uncategorized | Posted on 18-10-2010

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Hams interior minister Fathi Hammad spoke to the Student Council at Islamic University in Gaza yesterday.

He told them that “the Zionist occupation practices a hidden, invisible war against our young people, using drugs and pornography to destroy them.”

He also told them to keep on learning science and engineering to close the gap with the West and go on the path of jihad, in order for there to be a “rebirth of the nation.”

It is unclear exactly what nation he is referring to. Hamas wants to see a pan-Islamic nation, with “Palestine” a mere tactical step to get there.

Elder of Ziyon