An Oregon judge has ruled that a 61-year-old man did nothing illegal when he crouched in the aisle of a Target store and snapped photos up a 13-year-old’s skirt.
It was lewd and appalling, but not outlawed, Washington County Judge Eric Butterfield said.
“From a legal point of view, which unfortunately today is my job to enforce, he didn’t do anything wrong,” the judge said…
Patrick Buono of Portland didn’t dispute using his cellphone to take upskirt photos on Jan. 3 at the store in suburban Beaverton…
But his defense lawyer, Mark Lawrence, argued Buono didn’t violate the laws against invasion of privacy and attempted encouraging child sexual abuse, a child pornography count…
The privacy law bans clandestine photography in bathrooms, locker rooms, dressing rooms and tanning booths, but the Target aisle was plainly public, Lawrence said…
The privacy law also specifies nudity, and the girl was wearing underwear, Lawrence said…
“Sure, she’s in a public place. But she had an expectation of privacy that a deviant isn’t going to stick a camera up her skirt and capture private images of her body,” Deputy District Attorney Paul Maloney said…
Maloney said Buono took the photos hoping they would be explicit.
After the ruling, Buono shook his lawyer’s hand and hurried from the courtroom.
The differentiating feature in legal and illegal porn like this has always been participation, permission. And in the case of a minor, even a parent or guardian typically can’t give permission for an illegal act.
Poisonally, I think if the judge had the courage to defend privacy – a scarce enough commodity in 21st Century America – he’d have no shortage of defenders within and without the legal profession.
Sweden has officially recognised the state of Palestine, Stockholm’s foreign minister has said, less than a month after the government announced its intention to make the unprecedented move.
The Palestinians cheered Thursday’s move, while Israel recalled its ambassador to Sweden for consultations…
Swedish Foreign Minister Margot Wallstrom said in a statement that the recognition was “an important step that confirms the Palestinians’ right to self-determination”.
“We hope that this will show the way for others,” she said in remarks published in the Dagens Nyheter daily.
Palestinian President Mahmoud Abbas hailed the “brave and historic” move to officially recognise the state of Palestine, his spokesman told the AFP news agency.
Sweden is the first EU member state in Western Europe to recognise the Palestinian state.
Seven EU members in eastern European and the Mediterranean have already recognised a Palestinian state – Bulgaria, Cyprus, the Czech Republic, Hungary, Malta, Poland, and Romania.
Non-EU member Iceland is the only other western European nation to have done so…
The United States expressed dismay – from their usual position next Israel in bed. Nothing new. They only know one position.
Our government’s willingness to ignore historic professions of support for national liberation, anti-colonialism, opposition to oil-based imperialism reaches new depths of hypocrisy.
Marriage freedom selfies, a new day in Idaho, Nevada — JIM URQUHART/REUTERS
Legal momentum for extending U.S. marriage rights to same-sex couples accelerated on Tuesday as a federal appeals court struck down bans on gay matrimony in Idaho and Nevada a day after the U.S. Supreme Court let stand similar rulings for five other states.
A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled the bans in Idaho and Nevada violated the constitution and cannot be enforced, adding to a growing list of states where same-sex unions are now legal.
The 9th Circuit move puts the United States on track for legal gay marriage in 35 states, as rulings by the court are binding on all states in its region including three others that do not permit gay marriage, Arizona, Montana and Alaska…
Nevada’s Republican governor, Brian Sandoval, whose state withdrew its opposition to gay marriage earlier this year, said he respected the ruling, and U.S. Senate Majority Leader Harry Reid of Nevada welcomed it warmly…
By contrast, Idaho Republican Governor C.L. “Butch” Otter said blah, blah, blah…
County clerks’ offices in big cities in Idaho and Nevada said they were reviewing the ruling and waiting for formal direction before issuing licenses.
Diana Alba, clerk of Nevada’s Clark County, said her office had been preparing for weeks, including changing the forms for marriage licenses so they use gender-neutral pronouns, employing “party one” and “party two” instead of “bride” and “groom.”
“When we get the green light, we’re ready,” Alba said…
Click the link above to read the complete article. It finishes with a state-by-state update on further challenges to the last few states dragging their feet. Still afraid to enter the 21st Century.
Republican commitment to Christian sharia law illustrates what a dead end that party has become. They haven’t a conservative viewpoint to offer. They only whine “NO”, beat their holier-than-thou bosoms and hope there are enough old white folks left to keep them in office – picking plums off the tree of corporate lobbyists.
In this occasional land of the free, there are plenty of old white folks like me who were willing to stand up for our Black brothers and sisters in the 1950’s. We’re still here and perfectly able to smack Democrats on the butt to get them to join up with progressive women, minorities, young people. Speak out, march to the polls and shove foot-dragging bigots out of the way.
It may not be quick enough to satisfy this short time each of us has to tread on this Earth – but, the need for freedom shall prevail.
UPDATE: Idaho governor apparently whined loud and hard enough to nudge Justice Kennedy into ordering a temporary stay of the order allowing same-sex marriages. Shouldn’t be long before the appellate court can review the plea. Sanity will return.
A Japanese artist who made figures of Lady Gaga and a kayak modeled on her vagina said on Wednesday from jail she was “outraged” by her arrest and vowed a court fight against obscenity charges.
Megumi Igarashi, 42, says she was challenging a culture of “discrimination” against discussion of the vagina in Japanese society.
Igarashi, who worked under the alias Rokudenashiko, which means “good-for-nothing girl” in Japanese, built a yellow kayak with a top shaped like her vagina after raising about $10,000 through crowdfunding.
Igarashi sent 3D printer data of her scanned vagina – the digital basis for her kayak project – as a thanks to a number of donors.
She was arrested for distributing indecent material on Saturday and faces up to two years in prison and a fine of up to $25,000.
Igarashi said about 10 police officers had arrived at her house on Saturday and initially, she thought they were only interested in confiscating work she has said is meant as a pop-art exploration of the “manko”, vulgar Japanese slang for vagina.
“I couldn’t stop myself from laughing a little as I explained to the grim-looking officers, ‘This is the Lady Gaga ‘manko’ figure’,” Igarashi told Reuters from across a plastic security divide in a central Tokyo jail.
“I did not expect to get arrested at all. Even as they were confiscating my works, I thought to myself, ‘This will be a good story’. Then they handcuffed and arrested me. Now, I just feel outraged…”
Igarashi has touched off a debate on both women’s rights and the freedom of artistic expression, said Kazuyuki Minami, her lead defense lawyer.
The legal definition of what counts as obscenity is vague in Japan, and the key point of debate will be deciding whether the vagina itself can be considered obscene, said Minami…
A 1951 Supreme Court case broadly defined obscenity as something that stimulates desire and violates an ordinary person’s sense of sexual shame and morality.
Just like political idjits, bigoted idjits, even musical idjits – every nation seems to have its share of sensual and sexual idjits. Japan, obviously, is no exception.
Democrats in Congress said Tuesday that they had developed legislation to override the Supreme Court decision on contraceptives. The bill would ensure that women have access to insurance coverage for birth control even if they work for businesses that have religious objections.
The bill, put together in consultation with the Obama administration, would require for-profit corporations like Hobby Lobby Stores to provide and pay for contraceptive coverage, along with other preventive health services, under the Affordable Care Act.
The measure could be on the Senate floor as early as next week, Senate Democrats said. House Democrats are developing a companion bill, but it faces long odds in the House, which is controlled by Republicans. Speaker John A. Boehner described the Hobby Lobby decision last week as “a victory for religious freedom.”
Senator Patty Murray, Democrat of Washington, who led efforts by Senate Democrats to respond to the ruling, said: “Your health care decisions are not your boss’s business. Since the Supreme Court decided it will not protect women’s access to health care, I will.”
Ms. Murray wrote her proposal with Senator Mark Udall, Democrat of Colorado.
Ms. Murray’s bill criticizes the court’s majority opinion and declares that “employers may not discriminate against their female employees” in the coverage of preventive health services.
To this end, it says that an employer “shall not deny coverage of a specific health care item or service” where coverage is required under any provision of federal law. This requirement, it says, shall apply to employers notwithstanding the Religious Freedom Restoration Act.
Someday the role our original constitution played in leading separation of church and state throughout the world will once again be recognized back where it started. Right here in the Heart of the Free World.
More or less, eh?
A major independent commission headed by the Swedish foreign minister, Carl Bildt, was launched on Wednesday to investigate the future of the internet in the wake of the Edward Snowden revelations.
The two-year inquiry, announced at the World Economic Forum at Davos, will be wide-ranging but focus primarily on state censorship of the internet as well as the issues of privacy and surveillance raised by the Snowden leaks about America’s NSA and Britain’s GCHQ spy agencies…
Bildt, the former Swedish prime minister, said: “The rapid evolution of the net has been made possible by the open and flexible model by which it has evolved and been governed. But increasingly this is coming under attack.
“And this is happening as issues of net freedom, net security and net surveillance are increasingly debated. Net freedom is as fundamental as freedom of information and freedom of speech in our societies.”
The Obama administration on Friday announced the initial findings of a White House-organised review of the NSA. There are also inquiries by the US Congress and by the European parliament, but this is the first major independent one.
The nicest thing said about Obama’s recommendations is that they have the strength of weak tea. My characterization would be more scatalogical.
Robin Niblett, director of Chatham House, said: “The issue of internet governance is set to become one of the most pressing global policy issues of our time…”
Gordon Smith, who is to be deputy chair of the commission, said: “For many people, internet governance sounds technical and esoteric but the reality is that the issues are ‘high politics’ and of consequence to all users of the internet, present and future.”
Many of America’s geek pundits feel the United States owns the Internet and every other nation should simply follow whatever our government says should be the rules. Obedience is required by the Internet Overlords.
The battle comes up every few years, The next round will not only involve the question of global democracy; but, individual privacy and security will have to be part of the discussion.
Nikki Thomas/director Sex Professionals of Canada, Terri-Jean Bedford, Valerie Scott
In a landmark judgment, the Supreme Court of Canada has unanimously struck down as unconstitutional the main scheme of criminal laws against the buying and selling of sex by prostitutes, saying it endangers the lives and security of vulnerable sex workers.
However, the country’s top court has given Parliament a one-year grace period to redraft a legislative scheme that could pass constitutional muster.
That means if, 12 months from today, the federal government has not redrawn the laws to address the court’s concern that they are too arbitrary, overbroad and “grossly disproportionate,” then prostitutes will be allowed to legally practice their trade, hire drivers, bodyguards, accountants and screen their clients freely.
In the meantime, the Criminal Code ban on brothels, living on the avails of prostitution and communicating for the purposes of prostitution remain in full effect…
The stunning judgment that the country’s main prostitution laws breach fundamental Charter rights was a unanimous conclusion reached by all nine judges, including the retiring Justice Morris Fish. The court flatly rejected calls by the federal government’s lawyers to defer to Parliament on the contentious matter.
The appeal, known as Canada (Attorney General) v. Bedford, Lebovitch and Scott was brought by Toronto-based dominatrix Terri-Jean Bedford, former prostitute Valerie Scott, and downtown eastside Vancouver’s Amy Lebovitch. All three were on hand in Ottawa, and rejoiced loudly.
If you haven’t been following the case, the article is long, detailed and informative. Frankly, it’s worth reading because it should nudge your own thought processes. The questions raised ain’t easy.
On one hand, any sort of libertarian outlook says, let folks earn a living however they wish if they aren’t producing permanent harm to individuals and society. That last word brings in all the religions and philosophers. Not me. Individual freedoms are pretty hard to celebrate to a level that harms a nation.
The only concern from my side is the opportunity for criminals enterprise to profit from and control the lives of sex workers. And history tells us that is easier under criminalization than without. As alcohol prohibition has taught us, as our wonderful war on drugs illustrates on a daily basis.
Worth thinking about, folks – even if the opportunity to visit the question in your own country isn’t likely.
A federal judge in Washington ruled on Monday that the bulk collection of Americans’ telephone records by the National Security Agency is likely to violate the US constitution, in the most significant legal setback for the agency since the publication of the first surveillance disclosures by the whistleblower Edward Snowden.
Judge Richard Leon declared that the mass collection of metadata probably violates the fourth amendment, which prohibits unreasonable searches and seizures, and was “almost Orwellian” in its scope. In a judgment replete with literary swipes against the NSA, he said James Madison, the architect of the US constitution, would be “aghast” at the scope of the agency’s collection of Americans’ communications data.
The ruling, by the US district court for the District of Columbia, is a blow to the Obama administration, and sets up a legal battle that will drag on for months, almost certainly destined to end up in the supreme court. It was welcomed by campaigners pressing to rein in the NSA, and by Snowden, who issued a rare public statement saying it had vindicated his disclosures. It is also likely to influence other legal challenges to the NSA, currently working their way through federal courts.
The case was brought by Larry Klayman, a conservative lawyer, and Charles Strange, father of a cryptologist killed in Afghanistan when his helicopter was shot down in 2011. His son worked for the NSA and carried out support work for Navy Seal Team Six, the elite force that killed Osama bin Laden.
In Monday’s ruling, the judge concluded that the pair’s constitutional challenge was likely to be successful. In what was the only comfort to the NSA in a stinging judgment, Leon put the ruling on hold, pending an appeal by the government.
Leon expressed doubt about the central rationale for the program cited by the NSA: that it is necessary for preventing terrorist attacks. “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” he wrote.
“Given the limited record before me at this point in the litigation – most notably, the utter lack of evidence that a terrorist attack has ever been prevented because searching the NSA database was faster than other investigative tactics – I have serious doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism.”
Bravo. A judge with the courage to defend our Constitution – in the face of a President, Congress and most of our elected officials more than willing to defame the document that defines our history of freedom.
If I still lived in Massachusetts, I would be voting for Elizabeth Warren. I wouldn’t have voted for Scott Brown in the first place, because I’m not foolish enough to believe any of the campaign promises made by Republicans. Even so-called moderates.
I raise my questions about Democrats to Democrats; but, this is a question simply that addresses all women, all Americans. The Party-formerly-known-as-Republican has chosen to bring back questions resolved in the 20th Century to satisfy the 19th Century ideology they now serve. I cannot support politics whose only direction is backwards.
“The government has backed away from initial plans to curb abortion rights,” an unnamed parliamentary source told the AFP news agency on Friday…
The legislation, initially proposed by the ruling Justice and Development Party (AKP), would have required all abortions to take place within the first six weeks of pregnancy, down from the 10 weeks currently allowed…Experts said the limit would have effectively outlawed abortions, since most women do not realise they are pregnant until around the sixth week of pregnancy.
Thousands of women and activists have staged demonstrations throughout the country in protest of the planned measures, while Turkish media published surveys that indicated curbing abortion rights would cause the AKP to lose votes, even among its female supporters…
Nurettin Canikli, an influential AKP lawmaker, also said the ruling party would not introduce a bill to curb abortion rights…”The abortion issue is off the agenda. No legislation will be introduced to the parliament on this issue,” he told the Turkish daily Hurriyet…
Prime Minister Recep Tayyip Erdogan had sparked outrage last month when he likened abortion to murder…Erdogan has frequently called for women to have at least three children, and his party intended to criminalise adultery in 2004 but backed off under pressure from the European Union.
Erdogan has tried to convince the European Union he’s only pandering to radical Islam to keep sufficient votes to stay in office. A concept the average Western politician is well familiar with. I think that’s just more of his lies – and he’s thoroughly committed to moving his nation further and further away from secular democracy into the bowels of theocracy.
At least as long as he can remain in charge.