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July 01, 2009: By Mark David Blum, Esq. The Constitutional Right to Lie to the PeopleFox news successfully argued to a Florida Appellate Court that under the First Amendment, Fox news had the legal right to lie, distort, and mislead the public. The case arose when a reporter was directed by Fox news to write up for public dissemination a wholly false and distorted story. When the reporter refused, Fox fired the reporter. In response, the reporter sued Fox news and after a trial, a six person jury found in favor of the reporter. A Florida appellate court overturned that verdict holding, “that the Federal Communications Commission position against news distortion is only a "policy," not a promulgated law, rule, or regulation.” The public airwaves belong to all of us and are regulated by the FCC. In place is a policy that seeks to dissuade those who lease the public airwaves from lying or distorting the truth. The story arises from a reporter who was told to distort a story about growth hormones in milk so that Fox would not have to worry about its advertisers. Because the FCC only has a policy in place against misleading the public, the Courts held that the reporter (and the public) had no recourse for the lies being spread by Fox News. ... continued June 29, 2009: By Mark David Blum, Esq. The Man in the MirrorNow that I survived to the milestone age of 50, the question is begged as what will I do for the next fifty years. The last fifty haven’t been that stupendous albeit they were a life lived. Every decision I made, right or wrong and regardless of the blowback, seemed to be the right one at the time. I am now at a stage in life where I feel I am in control of my world and have the opportunity to do whatever and be whatever I choose. The late Michael Jackson in one of his songs says, “if you want to change the world, start with the man in the mirror.” So I ask, who is the man in the mirror? The man I know and see is one who has travelled a hard road, stumbled often, and tread upon too many toes. Looking back at me, the man in the mirror shows the scars of a thousand battles. I ask him frequently ‘what can I do to change him’? ... continued June 28, 2009: By Mark David Blum, Esq. Going Loco ParentisBy an 8-1 vote in the recent decision of SAFFORD UNIFIED SCHOOL DIST. #1 v. REDDING, the United States Supreme Court said the strip search by school officials of a child violated that child’s Fourth Amendment rights to be free of unreasonable searches and seizures. Voting 6-3, that same Court opined that school officials are immune from suit and are not answerable for their sins. How is it that we can get a decision that finds a constitutional violation but insulates the wrongdoers? It is wrapped up in the concept of “qualified immunity”. ... continued June 27, 2009: By Mark David Blum, Esq. The Many Faces of DeathMy friend Christ, in an oft repeated parable, says that, “the older you get, the more dead people you know.” This past week, those words of wisdom have been slammed home to me. First, I turned fifty years old just a handful of days ago. At the same time, a close family friend died. Then came the shocking death of Michael Jackson. Turning fifty itself was a rude awakening to my own impending death. Some argue that “50 is the new 30”; whatever that means. I am well aware that fifty years old is not “old” by some scales. To me, reaching the age of fifty signifies an age at which I swore in my youth I would never live to see. Achieving this milestone while still breathing and in relatively good health is a miracle by my standards. It was a long process and I went through all the stages of dying. Only this past week have I come to the ‘acceptance’ phase where I am starting to feel comfortable in my now half century year old sagging skin. The only real change I noticed is my new right to act like a crotchety old man and tell kids to get off my lawn. ... continued June 19, 2009: By Mark David Blum, Esq. Endless War: America's Shameful AddictionFirst let me say that congratulations I believe are in order to local police agencies for taking down another organized criminal enterprise. Seventeen more bad guys were arrested this week in the annual ‘Clean Up the Streets and Grab Headlines for Election Time’ campaign. The cost of incarceration, prosecution, defense, and maintenance of these 17 ‘evil drug dealers’ are now upon the backs of all us taxpayers. Another group of real bad guys is now safely behind bars and a neighborhood can start to rest easy. More than a dozen people are now destined to spend a near eternity in some taxpayer funded hellhole. This dance is now thirty five years old and the river of blood and bodies grows along with the problem. Count me as among those people who want safer streets, where adults and kids are free to hang out and live their lives as they so choose. ‘Organized criminal enterprises’ are a threat to us all. Nobody should have to live in fear of random violence. No group has the right to dominate and control a neighborhood. It is be unreasonable to tolerate sociopathic behavior. Kudos to the police and prosecutors for working to keep the streets safe. Now is the time to strap up, don the Kevlar vest, and grab a full metal jacket. Here it is: Arresting a Drug Dealer does NOT stop demand or supply of drugs. Doing so will not make your streets safer. All it does is create a job opening. That is at the core of our nation’s policy on drugs. ... continued June 13, 2009: By Mark David Blum, Esq. A Pregnant Pause for a Slutty Flight AttendantIt has been a lot of years since I have watched a David Letterman monologue. If he is today as he has always been, Letterman is edgy, confrontational, and unafraid to mock all that is holy. From the news of late, Letterman took a hard shot at Alaska Governor Sarah Palin by likening her to a slutty flight attendant. He bemused the thought that being at a Yankee baseball game put Bristol Palin at risk of getting pregnant by Alex Rodriguez. Apparently these two thoughts have become a rallying point around which loudmouthed right wing militants have sought to bring about the end of Letterman’s show. The entire pregnant slut issue is a straw man argument that in reality lacks any substance. Today’s Republicans are scattered and disjointed and without any cohesive message. Instead of finding their voice, the political right led by Palin scream out in alleged pain from Letterman’s words. They are now in brutal attack mode and just won’t let the issue rest. A quip from a monologue (that in reality was more insulting to Alex Rodriguez and flight attendants) has become a fake argument about morality. They seek to take the entire nation down with them. ... continued June 11, 2009: By Mark David Blum, Esq. BullseyeI have a bullseye on my back. As a Jew, I have walked through my life knowing (and at times meeting) people are out there wanting me dead for no other reason than my religious beliefs and cultural upbringing. As the events at the Holocaust Museum in Washington D.C. prove, some people are willing to die in their cause to bring death and horror to Jews everywhere. It was totally unnecessary for the Department of Homeland Security to issue an Alert that Right Wing Extremist Groups want to kill Jews. We already know that. ... continued June 09, 2009: By Edward M. Shepard, PhD. Chairman of the Economics Department Professor of Economics Le Moyne College Drug Law Abuse in Onondaga County, New YorkIn recent years statistical studies have documented significant differences in number and rates of arrests for African Americans, as compared with those for Caucasians in Syracuse, NY. Differences have been especially pronounced for drug possession and public order offences. The Syracuse Common Council sponsored studies in 2004 and 2006 to obtain information in order to address concerns about possible racial bias or racial profiling by Syracuse Police. The Syracuse Police Department has a formal policy prohibiting racial profiling and participated in data collection activities to provide needed data on stops and arrests for researchers. The studies were performed by faculty at Le Moyne College in 2004 and later at Syracuse University in 2006. Prior research relevant to this question was also undertaken by the Syracuse Newspapers in 2000 and 2002 and by Syracuse City Auditor Minch Lewis in 2003. These studies also provided evidence relevant to this question and raised concerns about possible racial profiling by Syracuse police. ... continued June 06, 2009: By Mark David Blum, Esq. A Murder in OzIt has never made any sense to me why folks would want to celebrate and make heroic the conniving murdering cruel stars of the tale of the Wizard of Oz. Remember the so-called Good Witch, Glinda? The facts are that she is a lying killer who, with that con man from the Emerald City, conspired to use and manipulate Dorothy to commit the most gruesome of murders. Glinda deserves the death penalty. She should not be elevated to the status of heroine. ... continued June 04, 2009: By Mark David Blum, Esq. Inherit the Wind, not the WindfallA New York State Appeals Court ordered the New York legislature to give raises to the state’s judges. Arguing that the legislature has abused its’ discretion in not awarding pay raises to judges, the Court gave the State ninety days to raise judicial salaries by nearly $40,000.00. Of course, an appeal is planned but it will be New York judges who decide that appeal. As a lawyer and member of the Bar, I appreciate efforts to of the judiciary. As a taxpayer and attorney who has to function in that same system, I am offended at the effort to raise judicial salaries without first attacking waste and demanding greater productivity. If the Courts want to better pay their employees, then we as consumers deserve better. Allow me to use the “F” bombs – Fundamental and Fairness – that is the issue. ... continued June 01, 2009: By Mark David Blum, Esq. The Tyranny of Tianamen SquareI am stunned today to be reminded that twenty years have passed since the Tianamen Square massacre. Bearing witness to the brave souls who stood at the forefront of liberty and democracy and who were crushed by the weight of Chinese tanks those days in June still haunt me. It has been twenty years since I saw a single man stare down a convoy of military hardware. That single event became a part of my history; an event I swore I would never forget. Now two decades later, my heart still re-experiences that birth of a new nation. ... continued May 30, 2009: By Mark David Blum, Esq. Child Abuse on Phoenix, New YorkOh, the things we do to children. Police in Phoenix, New York (Oswego County) “have joined forces with the mayor's office and a local pharmacy to combat prescription drug abuse by teens.” Apparently the Village purchased drug test kits to be handed out free of charge to parents in the Phoenix school district. Besides issuing the wrong remedy for the problem of prescription drug abuse, police and the Mayor are encouraging destruction of the parent child relationship. Even worse is how government is encouraging the violation of the individual rights of child. First of all, drug test kits available in pharmacies do not test for prescription drugs. They test for marijuana, cocaine, methamphetamine, and a host of other illegal intoxicants. No test kit from any pharmacy tests for the ocean of pharmaceutical drugs available on today’s market. The rationale for encouraging parents to test their children fails on its very face. Either that, or police and the Mayor’s office are lying and trying to trap children who imbibe in prohibited drugs. Maybe police and the Mayor’s office are hoping children will snitch on each other when they test positive. No matter how you slice it, the drug test kits are not a rational response to the problem of prescription drug abuse. Then comes the issue of the wedge to be driven in the parent child relationship. Imagine the logistics of it; a parent confronting a child and demanding a drug test. No child I know would skip along and quietly obey. At first blush, even asking the question raises issues with the child. It is the same as asking any random adult. The demand to take a drug test is an invasion of personal privacy and for most, the issue becomes who has the right to know what is in my body. ... continued       Click Here to Read and Explore the MARKBLUM Report Archives Collecting Dust and Being a PITA Since 2004.