Thursday, May 17, 2012

Updates related to Harvey's book Three Felonies a Day, a critical take on the Justice Department

Archive by Years

The Arizona Legislature Tries to Bully the Constitution

My research assistant Daniel Schwartz and I just wrote a piece for Forbes.com about the absurd new Arizona anti-bullying law passed by the state legislature and awaiting Governor Jan Brewer's signature. The bill is just the latest in a series of federal and state laws that seek to ban protected speech by renaming it as something else, then outlawing it. The Arizona bill is a particularly clumsy example of this phenomenon, with the legislature crudely attempting to expand its anti-harassment law to prohibit any form of electronic communication that might be considered "annoying" or "offensive" to the recipient.

As we point out in our article, this bill would essentially criminalize the conduct of anyone who wishes to participate in any public forum. Pundits, too, should beware: from Rush Limbaugh to Bill Maher,those from both sides of the political spectrum who seek to provoke and offend via electronic communications would be liable to face criminal charges under this bill.

Boston College Researchers Drink with the IRA, and Academics Everywhere Get the Hangover

Often the most precipitous modes of inquiry are the most vital. Certainly, that was how Anthony McIntyre and Ed Maloney felt when they founded the Belfast Project, a Boston College-based oral history project that would solicit candid narratives of “The Troubles” in Northern Ireland. The wound in Ireland is still raw, and it is therefore unsurprising that Belfast Project interviewees were promised that their stories would be kept secret until their deaths.

But last month, a federal judge in Massachusetts ordered Boston College to turn over many of the transcripts in order to aid with the police investigation into a forty year old unsolved murder in Ireland. In our piece this week on Forbes.com, Daniel Schwartz and I discuss the judge’s decision and argue that, while it pays lip service to the importance of academic freedom, it does not go nearly far enough to protect society’s interests and could end up setting a very unfortunate precedent for scholars engaged in sensitive research. 

Take a look at an excerpt of our piece after the jump, or read it in its entirety by clicking here

Tarek Mehanna Found Guilty


I was saddened, though not terribly surprised, when I heard yesterday that after only ten hours of deliberations, a federal jury found Tarek Mehanna guilty of all seven counts for which he stood accused. Jurors felt the government had proven that Mehanna provided "material assistance to terrorists" for such actions as making translations of jihadi videos. Mehanna now awaits sentencing and may face up to life in prison for acts that, until now, seemed clearly protected under the First Amendment.

I was asked by PBS affiliate WGBH-TV, and NPR affiliate WBUR, to speak about the Mehanna case yesterday on their respective stations.

Click here for my interview on WBUR's Radio Boston (Dec. 20), or listen to the audio clip below.

Radio Boston

Click here for my interview on WBUR's Morning Edition (Dec. 21), or listen to the audio clip below.

Morning Edition

After the jump is video of my interview on WGBH-TV's Greater Boston (Dec. 20).

The right to videotape a cop


Yesterday, I was quoted in a story in the Boston Herald about a new lawsuit brought by my colleague Harold Friedman against the Boston Police Department. Harold's client, Maury Palino, alleges that he was hit and pepper sprayed in retaliation for filming some policemen making a violent arrest. In the article, I argue that the right to film police officers is essential to promoting an open and more free society, a right, incidentally, recognized by the courts in Simon Glik's recent case.

You can find the article by clicking here.

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