Vote American: A Supreme Court on the brink.

JonnyBBad — Thu, 03 Jul 2008 11:16:25 GMT

This editorial hits the nail on the head about the precarious nature of the court today. It is one vote from full tilt Right Wing Nut Job Control.
Blog on !

http://www.nytimes.com/2008/07...
Editorial
Published: July 3, 2008
A Supreme Court on the Brink
In some ways, the Supreme Court term that just ended seems muddled: disturbing, highly conservative rulings on subjects like voting rights and gun control, along with important defenses of basic liberties in other areas, including the rights of detainees at Guantánamo Bay, Cuba. The key to understanding the term lies in the fragility of the court's center. Some of the most important decisions came on 5-to-4 votes - a stark reminder that the court is just one justice away from solidifying a far-right majority that would do great damage to the Constitution and the rights of ordinary Americans

Posted for Chaz Proulx

ofladrt — Wed, 02 Jul 2008 10:56:49 GMT

The Rumor Mill: Bob Demura's Halo Slips
All in good fun department: by Chaz Proulx

I hope Bob Demura, the owner of NH INSIDER, had a good night's sleep and is feeling chipper this morning because I'm going to have some fun at his expense.

For new readers let me point out that Bob and I are on different sides of the political divide but he has remained fair and impartial for as long as I've been writing here. It's always been a pleasure working with him.

So really--I don't want to ruin Bob's morning coffee but:

Yesterday Bob did two things that I found curious. For the first time ever-he posted a comment under my column. Suffice to say Bob didn't like something that Carol Shea-Porter, Paul Hodes and Jeanne Shaheen (all Democrats) were doing. Fair enough and no problem really.

But yesterday Bob also posted a Rumor Mill piece that remains on the top of the front page as I write. Again Bob took Carol Shea-Porter to task. His piece was short so I'll post the whole thing here:

Will the NH Sec. of State and NH AG Take Action?

"NHInsider.com was told, after going back and forth a few times that it is against the law to use the image of the State Seal on our webpage. When we objected the State Attorney General issued a cease and desist order or something to the effect that they were going to prosecute us for using the seal. We took it off our front page.

Now congresswoman Carol Shea-Porter has a website

http://www.sheaporter.com/

This website is affiliated with Rep Shea-Porter's campaign for another term in the US house of Representatives. That has no real connection to the State of NH business yet she has the State Seal adoring her front page.

Will she be threatened with legal action or will she be allowed to keep it up on her website?"

Endquote:

Sorry, but this time I can't say "Fair enough."

Bob omitted to say that Jeb Bradley has the seal on the front page of his website too!

This begs two questions:

Why did Bob single out Carol and not Jeb?

Will Jeb Be mad at Bob if the AG comes a knockin?

I've asked Bob the first question in the comments. I also asked Bob to cite the law that the AG used against him. I've been critical of the AG myself at times. As a matter of fact I took them to court two years ago. Yes, I charged the AG with misconduct and surprise, surprise I LOST!!!

Maybe Bob did get treated with a heavy hand.

Anyway I did some searches myself.

I think I hit on a possible explaination.

If you look closely at both sites you will note that in fact our current and former Congresspersons have posted a portion of the state flag and not the state seal. They look almost identical but there is a legal difference. There are more restrictions on the use of the State Seal.

I'm not offering a legal opinion, but it looks both Carol and Jeb have a legal leg to stand on after all.

One thing remains certain--this story isn't going away soon.

Until we get to the bottom of this, three questions will linger on the public mind:

Will Carol and Jeb hire the same lawyer to defend them and split the fee?

Will Bob help Jeb pay his share?

Will Jeb ever talk to Bob Again?

Stay tuned.

For legal wonks only: Here are the laws differentiating the state flag and the state seal.

3:2 State Flag. - The state flag shall be of the following color and design: The body or field shall be blue and shall bear upon its center in suitable proportion and colors a representation of the state seal. The seal shall be surrounded by a wreath of laurel leaves with nine stars interspersed. When used for military purposes the flag shall conform to the regulations of the United States.

3:4 Permission to Use State Flag. - The governor is authorized to make rules and regulations governing the use and display of the state flag not inconsistent with the provisions of RSA 646, and it shall be lawful to use and display said flag in accordance with such rules and regulations. This section shall be construed to encourage the display of the state flag on public buildings.

3:9 State Seal. - The seal of the state shall be 2 inches in diameter, circular, with the following detail and no other: A field crossed by a straight horizon line of the sea, above the center of the field; concentric with the field the rising sun, exposed above the horizon about 1/3 of its diameter; the field encompassed with laurel; across the field for the full width within the laurel a broadside view of the frigate Raleigh, on the stocks; the ship's bow dexter and higher than the stern; the 3 lower masts shown in place, together with the fore, main and mizzen tops, shrouds and mainstays; an ensign staff at the stern flies the United States flag authorized by act of Congress June 14, 1777; a jury staff on the mainmast and another on the foremast each flies a pennant; flags and pennants are streaming to the dexter side; the hull is shown without a rudder; below the ship the field is divided into land and water by a double diagonal line whose highest point is sinister; no detail is shown anywhere on the water, nor any on the land between the water and the stocks except a granite boulder on the dexter side; encircling the field is the inscription, SEAL • OF • THE • STATE • OF • NEW HAMPSHIRE, the words separated by round periods, except between the parts of New Hampshire; at the lowest point of the inscription is the date 1776, flanked on either side by a 5-pointed star, which group separates the beginning and end of the inscription; the whole form and design to be as follows:

3:9-a Unauthorized Use Prohibited. - The state seal shall be the property of the state of New Hampshire. No person shall manufacture, sell, expose for sale, or have in possession for sale any article or substance, being an article of merchandise or receptacle of merchandise or article or been printed, painted, attached, or otherwise placed a representation or likeness of the state seal, provided, however, that upon application, the secretary of state may authorize the use of the state seal. Once such approval is given, such use shall be exempt from the provisions of this section until or unless such approval is revoked or suspended by the secretary of state.

Blue Hampshire: Politics : - Recommended Diaries

Vote American: A Supreme Court on the brink.

Posted for Chaz Proulx