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Law and Disorder is a weekly independent civil liberties radio program airing on more than 150 stations and on Apple podcast. Law and Disorder provides timely legal perspectives on issues concerning civil liberties, privacy, right to dissent and practices of torture exercised by the US government and private corporations.
Law and Disorder July 24, 2023
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The Desert and the Sea: 977 Days Captive on the Somali Pirate Coast
In 2012, journalist Michael Scott Moore went to Somalia to research a book on piracy. He was abducted by a gang of Somali pirates, who demanded $20 million from the US government. After protracted negotiations, and a payment of $1.6 million dollars, Moore was released—two and a half years later. His international bestseller, The Desert and the Sea, chronicles his 977 days in captivity.
More than a decade later, this past February, two men were convicted in federal court for helping to carry out his kidnapping.
On April 1, Michael sailed with a German rescue ship The Humanity I to write about migration across the central Mediterranean. In a recent piece published in Foreign Policy, Michael makes the connection between human trafficking and migration/asylum-seeking and pirating.
Guest – Michael Scott Moore, in addition to The Desert and the Sea, he has written the highly acclaimed book, Sweetness and Blood, about the history of surfing. He serves on the board of Hostage US, an organization that supports American hostages and their families.
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Nobody’s Victim: Fighting Psychos, Stalkers, Pervs and Trolls.
In January 2019 New York State passed a bill to outlaw “revenge porn,” joining 41 other states that have passed similar laws. Revenge Porn is the term for the non-consensual sharing on the Internet of sexually explicit photographs or videos. Victims say it can be as damaging as any other form of abuse, but without the legal protections.
Private images can follow victims for years, turning up when employers or romantic partners search for their names on the Internet.
But in New York, victims have experienced years of helplessness in the courts. Prosecutors could not charge offenders for a practice that was not illegal, and judges turned down appeals for help on the grounds of free speech, even while other states were enacting protections. Under New York’s new law, offenders can be punished by up to one year in jail.
The law also allows victims to sue the person who shared the revenge porn, which about a dozen other states also allow. And it would be the first in the nation to allow judges to order websites or social media platforms — in addition to the original poster — to take down the photos or videos.
Most have heard about high-profile instances of sexual images as blackmail or revenge have involving the rich and famous, such as singer Rihanna and actor Jennifer Lawrence. But it affects millions of people, from middle school students to Marines. As many as 10 million Americans have been victims of revenge porn.
Guest – New York Attorney Carrie Goldberg started a law firm to focus on defending victims of the practices. She has just come out with her first book titled Nobody’s Victim: Fighting Psychos, Stalkers, Pervs and Trolls.
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Law and Disorder July 17, 2023
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War Made Invisible: How America Hides the Human Toll of its Military Machine
From Afghanistan to Iraq and Syria and on to little known deployments in a range of countries worldwide, the United States has been at perpetual war for at least the past two decades. Yet many of these foreign wars remain off the radar of average Americans.
We speak today with author and political analyst Norman Solomon about his new book War Made Invisible: How America Hides the Human Toll of its Military Machine.
Solomon writes that since the attacks on 9/11, more than 20 years ago, first in the war in Afghanistan, and then Iraq, a hugely consequential shift in (United States) American foreign-policy was set in motion: a perpetual state of war that is almost entirely invisible to the public. Solomon exposes how this happened and what the consequences are, for military and civilian casualties, and the draining of resources at home.
Compliant journalist add to the smokescreen by providing narrow coverage of military engagements, and by repeating the military’s talking points. Meanwhile, the increased use of high technology, air power, and remote drones has put distance between soldiers and the civilians killed in action. Back home, Solomon shows, the cloak of invisibility masks massive Pentagon budgets and receive bi-partisan support even as housing, medical care, education, and infrastructure goes abegging.
Guest – Norman Solomon is cofounder of RootsAction.org executive director of the Institute for Public Accuracy. He’s written many books, but “ War Made Invisible“, is his first one in 15 years. Solomon founded the Institute for Public Accuracy in 1997 and is its executive director. Immersed in anti-war, social justice and environmental movements since the late 1960s, he is the author of a dozen books including “War Made Easy” and “Made Love, Got War.”
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Israel Attacks West Bank City of Jenin
On fourth of July, as we in the US heard fireworks, people in the Palestinian city of Jenin heard real gunfire and fled from real explosions. On July 3, a thousand Israeli Defense Force soldiers descended on the city, with helicopters, drones and bulldozers, to execute a two day bombardment that leveled the city, reduced its buildings to rubble, damaged hospitals, knocked out utilities, and left at least 13 people dead: 12 Palestinians and 1 Israeli soldier. At least 100 were wounded, and now thousands – about 80% of those living in the camp – are without shelter, water or electricity.
UN Secretary General Antonio Guterres immediately condemned Israel for using excessive force and harming civilians. He’s refused to retract his statement even under enormous pressure from Israel’s UN Ambassador, who called Mr. Guterres’ criticism, “shameful, far-fetched and completely detached from reality.”
A handful of Arab countries and a European Union envoy have also criticized Israel. But others… like the US? Well…. its silence speaks volumes.
Guest – Sandra Tamari is a Palestinian organizer and the Executive Director of Adalah Justice Project, a Palestinian advocacy organization that builds toward collective liberation through labor, cultural, and legislative campaigns. She holds a Master’s degree in Arab Studies from Georgetown University. In May 2012, she was jailed and denied entry into Palestine by Israel because of her work to encourage U.S. churches to divest from the occupation.
Hosted by attorneys Michael Smith and Maria Hall
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Law and Disorder July 10, 2023
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How Affirmative Action Programs In Colleges and Universities Were Overturned
On June 28, the Supreme Court made front page headlines for gutting race-based affirmative action in colleges and universities. The decision rejected race-conscious admissions at Harvard College and the University of North Carolina. The Court’s conservative supermajority ruled in favor of Students for Fair Admissions, a nonprofit founded in 2014, that sued Harvard and the University of North Carolina over their admissions programs. The group, headed by right-wing activist Edward Blum, alleged that the programs violated Title VI of the Civil Rights Act of 1964 by discriminating against Asian American applicants in favor of white applicants.
Paving the way for overturning 40-years of legal precedent was one group that we’ve covered for years on Law and Disorder: The Federalist Society for Law and Public Policy Studies. This conservative, libertarian organization advocates for a textualist and originalist interpretation of the U.S. Constitution. Over several decades, until recently working under the radar, the Federalist Society has dramatically altered the legal landscape in this country.
Guest – civil rights attorney Michael Avery, co-author with Danielle McLaughlin of the 2013 book, The Federalist Society: How Conservatives Took the Law Back from Liberals, and a recent article in Truthout co-authored with Prof. Mark Brodin on the Federalist Society’s attacks on affirmative action. Professor Emeritus at Suffolk University Law School, Michael was president of the National Lawyers Guild and served as president of the board of the National Police Accountability Project.
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Here’s What “Moore v. Harper” Means for Voting Rights Going Forward
On June 27, the U.S. Supreme Court decided a case that protected voting rights from an obscure theory that could have eliminated the right of state courts to review new voting provisions enacted by state legislatures.
In Moore v. Harper, a 6-member majority of the high court rejected the “independent state legislature” doctrine. Conservative legislators in North Carolina had sought to maintain an extreme gerrymandered congressional map they had drawn that favored Republicans.
Although Chief Justice John Roberts has a track record of decisions that weakened the right to vote, he wrote the Court’s opinion in Moore, as well as in Allen v. Milligan on June 8, both of which strengthen voting rights.
Guest – Marjorie Cohn wrote the article titled, Here’s What “Moore v. Harper” Means for Voting Rights Going Forward, that was published by Truthout. Marjorie is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and a member of the Bureau of the International Association of Democratic Lawyers. She is also on the advisory boards of Veterans for Peace, Assange Defense, and the American Association of Jurists. She writes frequent articles and provides commentary about legal and political issues. Marjorie’s most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues.
Hosted by attorneys Heidi Boghosian and Marjorie Cohn
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