Showing posts with label protest. Show all posts
Showing posts with label protest. Show all posts

Friday, November 13, 2020

Poland scholars explain turmoil in streets over court decision nearly outlawing abortion; what next?

Protesters take to the streets in Kraków on October 25. (Silar CC BY-SA 4.0)
Social stability in Poland has been increasingly shaky since populist politics has threatened the independence of the judiciary in recent years.  Professor Leah Wortham wrote about the issue and kindly spoke to my Comparative Law class one year ago (before Zoom was cool).

Recently tensions have reached a boiling point.  In October, the nation's constitutional court outlawed nearly all abortions (Guardian).  Protestors have taken to the streets in the largest numbers since the fall of communism, The Guardian reported, confronting riot police and right-wing gangs.

Friend and colleague Elizabeth Zechenter, an attorney, visiting scholar at Emory College, and president of the Jagiellonian Law Society, writes: "Poland is in upheaval, after the Constitutional Tribunal restricted even further one of the most strict anti-abortion laws in Europe.  I and several other Polish women academics have gotten together, and we created a webinar, trying to offer an analysis, legal, cultural, sociological, etc."

The scholars' webinar is available free on YouTube.  Below the inset is information about the program.  Please spread the word.

Women Strikes In Poland: What is Happening, and Why?

Since the fateful decision of the Polish Constitutional Tribunal (Trybunał Konstytucyjny or TK) on October 22, 2020—further restricting one of the most restrictive anti-abortion laws in Europe—Poland saw massive, spontaneous demonstrations and civic protests in most cities, small and big, and even villages. Protests have been continuing since the day of TK’s decision and show no signs of abating.

To explain what is happening, we have assembled a panel of academics and lawyers to clarify the current legal situation, to analyze the scope of new anti-abortion restrictions, to explain whether this new law may be challenged under any of the EU laws applicable to Poland, and what might be political implications of doing that, as well as offer a preliminary cultural, linguistic, anthropological, and sociological analysis of the recent events.

Contents

0:00:00-0:03:17 Introduction: Bios of Speakers, Disclaimers

Legal Panel

0:03:17-0:26:00 Elizabeth M. Zechenter, J.D., Ph.D., "October 2020 Abortion Decision by the Constitutional Tribunal: Analysis and Legal Implications"

0:26:00-0:46:00 Agnieszka Kubal, Ph.D., "Human Rights Implication of the Decision by the Polish Constitutional Tribunal from 22 October 2020"

0:46:00-0:59:00 Agnieszka Gaertner, J.D., LLM, "Abortion Under EU Law"

Panel: Culture and Language of Protest

0:59:00-1:31:00 Katarzyna Zechenter, Ph.D., "Uses of Language by the Protesters, the Polish Catholic Church, and the Ruling Political Party 'Law and Justice' (PiS)"

Panel: Sociological and Anthropological

1:31:00-1:49:00 Joanna Regulska, Ph.D., "Struggle for Women's Rights in Poland"

1:49:00-2:12:00 Helena Chmielewska-Szlajfer, Ph.D., "Augmented Reality, Young Adults, and Civic Engagement"

Praise for the Webinar

"Wow! That was, without a doubt, one of the most informative, fascinating, engaging, and powerful webinars I have ever attended."

"All of us in your virtual audience 'voted with our feet' ... i.e., it is generally considered that 90 minutes is an audience's absolute maximum attention span for an online webinar, particularly since everyone these days is simply 'Zoomed-out' (over-Zoomed), in this era of COVID-19. But YOUR audience stayed with you for a marathon 2 hours and 45 minutes (and it felt like a sprint, not a marathon)!"

"A high tribute to you and your sister (not fellow!) panelists."

Disclaimers

The webinar was organized impromptu in response to numerous calls to analyze Poland's ongoing protests. The goal of the webinar was to provide a non-partisan review of the evolving situation and better understand the legal, cultural, and sociological underpinnings of the Constitutional Tribunal’s anti-abortion decision that resulted in such massive country-wide protests.

The opinions expressed in the seminar are those of the speakers alone who are not speaking as representatives of any institution; the main goal has been to advance understanding of the situation.

Given the urgency to offer at least a preliminary analysis (and in light of the continuously evolving situation), most speakers had less than 24 hours to prepare their remarks. We apologize for any imperfections.

Monday, September 7, 2020

Immunity shields tweeting legislators from libel suits, Elizabeth Warren from high school plaintiffs

High schoolers from Kentucky will not get their day in court against Elizabeth Warren.

The students' lawsuit, high profile in the political sphere, was resolved in the Sixth Circuit yesterday on mundane grounds that offer a reminder to torts students of a simple immunity rule.

Remember the fuss in January 2019 over that video of Catholic high school students on a field trip said to be taunting a Native American elder demonstrating at the Lincoln Memorial?

Remember when people used to stand really close together like that?

There were two dramatically different sides to the story about what was really happening there, and they were as far apart as young people joining in celebration of Native American heritage, on the one side, and "MAGA" has inspired privileged youth to racism, on the other side.  For a breakdown that gets closer to the truth, see, e.g., Vox, Jan. 24, 2019; Reason, Jan. 21, 2020.

Senator Elizabeth Warren (D-MA) and Representative Deb Haaland (D-NM) tweeted about the affair from the perspective that cast the students in the wrong.  Haaland wrote, "The students’ display of blatant hate, disrespect, and intolerance is a signal of how common decency has decayed under this administration. Heartbreaking."  And Warren: "Omaha elder and Vietnam War veteran Nathan Phillips endured hateful taunts with dignity and strength, then urged us all to do better."

The students sued the legislators for defamation, asserting that the darker interpretation of events was false.  On Thursday last week, the Sixth Circuit affirmed dismissal of the lawsuit—which is not to opine one way or the other on the students' claim of falsity.

As the court observed, the Speech and Debate Clause has no application on Twitter.  But a much simpler analysis pertained.  Whilst tweeting, Haaland and Warren were acting within the scope of their employment with the U.S. Government.  And the Federal Tort Claims Act (para. (h)) does not waive federal sovereign immunity for defamation committed by its employees—even the elected kind.

The case is Does 1 through 10 v. Haaland, No. 2:19-cv-00117 (6th Cir. Sept. 3, 2020).  Circuit Judge Eric Clay authored the opinion for a panel that also comprised Judges White and Readler.

Tuesday, November 5, 2019

Oberlin case leaves no doubt, 'racist' accusation is capable of defamatory meaning; Koppel reports

An Ohio jury in June awarded $44m to a family-owned bakery that proved defamation by Oberlin College in a case of false accusations of racism by Oberlin students, supported by the college.  Now CBS Sunday Morning has excellent coverage from Ted Koppel.  How ever did Oberlin, a respected four-year institution of higher education committed to the liberal arts, jump on board with racism accusations without first checking the facts?  Unthinkable.


False accusations of racism or misogyny today are no less capable of defamatory meaning than accusations of child molestation or other crimes that shock the conscience.  There can no longer be any serious contention that such charges are immune from defamation liability because they are fair comment or because they do not necessarily expose a victim to hate, contempt, or ridicule in the community.

Forbes reported: "The jury initially assessed $11 million in compensatory damages and $33 million in punitive damages against Oberlin, for a total of $44 million, but the judge cut back the amount to $25 million because Ohio law has caps on damages. The judge then tacked on $6.5 million in attorney’s fees bringing the verdict back up to $31 million."

The case is Gibson Bros., Inc. v. Oberlin College, No. 17CV193761 (Ct. Common Pleas Lorain County, Ohio, Sept. 18. 2019).  The Ohio trial court publishes only the docket online.  Oberlin appealed (filed Oct. 8, 2019), and the Gibsons cross-appealed (filed Oct. 18, 2019).  CNN has the initial complaint (filed Nov. 17, 2017).

Wednesday, April 3, 2019

Restless Algerian youth see Bouteflika resign

Algiers, from the Place des Martyrs
In January, I was in and out of sport shops on the main commercial drag, rue Didouche Mouradin, in Algiers, Algeria, when I noticed a group of rough-around-the-edges, Arabic-speaking young men who seemed to be in and out of the same shops.  I mentally upped my "security threat level," watching the guys a little more closely than I was looking at the merch.  At one point, we were all sandwiched in the same small store, to the point that it would be socially awkward not to acknowledge that we'd taken notice of one another.

Turned out we were in and out of the same shops only because we were all looking at the European football kits.  (Always on the lookout for discounted last-season ManC gear.)  Given the opportunity of tight environs, the guys in fact were eager to strike up a conversation and find out who the pale foreigner was.  They confirmed something I had seen repeatedly by that point in my travel in Algeria:  More than their elders, young people's English is good, they are up to speed on global politics, and they want to know why they don't have the same social and economic security and opportunity that they see young people enjoying in Europe, just across the Mediterranean.

A Bouteflika banner flies opposite Le Grande Post.
The fellows were eager to tell me what European football clubs they followed, and what towns they were from and how they lived their lives in Algeria.  They also were eager to tell me about Algerian politics—though hushed their voices when they said that the status quo needs to change, and the older generation's tight grip on leadership needs to give way.  Outside from the city streets, one could look up in any direction to see billboards and banners bearing the smiling face of Algeria's cult-of-personality president since 1999, Abdelaziz Bouteflika.

When I came home and people asked about Algeria, I often said: it's teetering on the point of a major transition—which is going to happen one way or another, peacefully, or by popular uprising—because the young-adult cohort, now irreversibly integrated into the world by our globalized information technology, are not content with stalled development and socioeconomic marginalization.

Downtown Algiers, Le Grande Poste at middle left
Naturally as protestors took to the streets in recent weeks in Algiers, I've been thinking a lot about my fellow football supporters.  I see the flag-waving crowds filling the streets around the Old Post Office and wonder whether the guys are there, sporting their favorite kits behind their green-and-white flags.  Now Bouteflika has stepped down, and the government is effectively back in military hands.  The military has a mixed record, at once supporting popular demands for progressive leadership and having a limited patience with protests in the streets.

I hope my fellows are OK, and Algeria can deliver the opportunity that they deserve.  Maybe one day I'll see them in the stands at Santiago Bernabéu.

Me on the street at the celebration of the Berber new year