Flashing Headlights to Warn Oncoming Drivers of a Speed Trap = Constitutionally Protected Speech

So held a Florida trial court judge, and he wasn’t the first — I think I’ve seen this in a few cases, but the one for which I have a citation is State v. Walker, No. I-9507-03625 (Williamson Cty. (Tenn.) Cir. Ct. Nov. 13, 2003)
Whether this is the right answer is not clear. It’s a special case of warnings to hide one’s illegal conduct because the police are coming — though here done by a stranger rather than by a lookout who’s in league with the criminals — and that in turn is a special case of what I call Crime-Facilitating Speech (see 57 Stan. L. Rev. 1095 (2005)), which is to say speech that conveys information that makes it easier for people to commit crimes or to get away with crimes. The Supreme Court has never squarely confronted this question.
When I’ve blogged about this in the past, some people have argued that flashing headlights should be protected because it’s encouraging legal behavior (slowing down) rather than illegal behavior, but I don’t think that can dispose of the issue: Many lookouts do the same, e.g., when a lookout warns would-be robbers to abandon their plans because a police car is driving by.
For an interesting similar question though one that doesn’t involve encouraging people to temporarily act legally), this story:

An advocate for immigrant and civil rights has started using text messages to warn residents about crime sweeps by a high-profile Arizona sheriff.
Lydia Guzman, director of the nonprofit immigrant advocacy group Respect/Respeto, is the trunk of a sophisticated texting tree designed to alert thousands of people within minutes to the details of the sweeps, which critics contend are an excuse to round up illegal immigrants.
Guzman said the messages are part of an effort to protect Latinos and others from becoming victims of racial profiling by sheriff’s deputies….

What’s the First-Amendment-relevant difference, if there is one, between this and a lookout who alerts criminals when the police are coming? (Assume that the lookout isn’t getting a share of the loot, but is just helping his friends avoid getting locked up.) Should it matter, as one expert who’s mentioned in the article suggests, whether Ms. Guzman’s real goal is preventing lawful arrest of illegal immigrants (as opposed to preventing racial profiling, assuming such profiling is unlawful)? I think there may indeed be a difference between such revelation of facts to the public and individualized communications to a small group of criminals, and I don’t think it should turn on jury inferences about the speaker’s true purpose; my article discusses the question at length. But in any event it’s helpful to think about what the difference might be.

via volokh.com

UN renews rights chief Pillay without consultations on her record at View from Geneva

GENEVA, May 14, 2012 — After Ban Ki-moon’s announcement today that he supports a two-year extension for rights commissioner Navi Pillay, a non-governmental watchdog group says that the decision was made — pending the UNGA’s rubber stamp — without due public consultation or a healthy discussion of her four-year record on the job.
“A global and high-profile position that makes demands of transparency and accountability from the world’s governments should set an example for others,” said Hillel Neuer, an international lawyer and director of the Geneva-based UN Watch. “But we didn’t see that today.”
According to UN Watch’s study of Pillay’s record from 2008 to 2010, there are concerns about her ability to prioritize the most urgent situations. While the second part of the study, concerning 2010-2012, is likely to reveal improvements, the data from Pillay’s first two years as UN High Commissioner for Human Rights show as follows:

• UN Watch examined all statements by UN High Commissioner for Human Rights Navi Pillay published on the UN website between September 2008 and June 2010.During this period, Ms. Pillay failed to address most of the world’s worst abusers.

• She made no statement on the human rights situations of 146 countries. She failed to voice any concern for victims in 34 countries rated “Not Free” by Freedom House—meaning those with the worst records, and the most needy victims.

• She failed to criticize another 50 countries rated “partly free” and 63 countries rated “free.” Among the countries not criticized: Algeria, Angola, Azerbaijan, Bahrain, Belarus, Brunei, Cambodia, Cameroon, Congo (Brazzaville), Côte d’Ivoire, Cuba, Equatorial Guinea, Eritrea, Gabon, Jordan, Kazakhstan, Kyrgyzstan, Laos, Mauritania, North Korea, Oman, Qatar, Rwanda, Saudi Arabia, Sudan, Swaziland, Syria, Tajikistan, Tunisia, Turkmenistan, United Arab Emirates, Uzbekistan and Vietnam.

• Ignored Iran: Ms. Pillay failed to issue any public statement in response to the well-documented violence against demonstrators in Iran following the June 2009 presidential elections. Her first comment appeared three months after initial reports and video evidence of government-backed paramilitary forces arbitrarily arresting, beating and killing protestors were released. Moreover, her call on the Iranian government to “release those detained for peaceful protest, to investigate reports of their ill-treatment, and to ensure respect for human rights” was made only as part of her traditional opening speech at the UN Human Rights Council session in September 2009. She did not give a press conference and chose not to issue a dedicated statement on the matter.

• Soft on Gulf: In an “unprecedented effort to engage” with the Arab countries, Pillay made a 10-day tour of the six Arab countries comprising the Gulf Cooperation Council (GCC) from April 17, 2010 to April 26, 2010. Public statements during or in reference to this tour were largely positive and benign. While the High Commissioner did raise some human rights concerns, the discussion of human rights situations in those countries was largely muted. In instances when Pillay raised a human rights concern, she favored praising the country’s progress over naming recorded abuses or highlighting ongoing violations.

• Ignored Mounting Abuses in Syria: During this period, the Syrian government continued to repress minorities and restrict freedom of expression and assembly despite promises of greater transparency by President Bashar al-Assad. In July 2010, the military trials of two renowned human rights lawyers, Haytham al-Maleh and Muhanad al-Hasani resulted in sentenced convictions for criticizing the Syrian authorities on human rights grounds. In March 2010, Syrian military stormed the home of and detained Kurdish leader Abdel Hafez Abdel, and detained journalists, bloggers and writers for exposing government abuse and corruption. However, the High Commissioner did not respond to any of these events, and over the course of her tenure, did not make any public comments about the state of human rights in Syria.

via blog.unwatch.org

Black Eyed Peas star Will.I.Am copters into climate change conference

(American Thinker/Donald Douglas) alerts us to this eye opening story about Will.I.Am.:

The dude flew 286 miles in a private helicopter, touching down at Oxford's University Parks, and then rode an "environmentally-conscious bike" over to the Radcliffe Observatory

"Climate change should be the thing that we are all worried and concerned about as humans on this planet, how we affect the planet, our consumption, and how we treat the place that we live in."
According to the Daily Star newspaper, he spent an hour meeting with climate expert Myles Allen, before travelling to Taunton, Somerset, to carry the Olympic torch.
Professor Allen told the newspaper: "The irony didn't escape everybody. But he's committed to the issues and he's written songs about it."
"A better understanding of the problems is probably more important than whether Will flies a helicopter from London to Oxford."(MORE/Hypocrisy)

Haaretz exclusive: Organizer of Gaza flotilla sought assistance from Assad's office

(haaretz) The organizer of one of the flotillas to the Gaza Strip sought assistance from the office of Syrian President Bashar Assad, requesting it facilitates their departure from the Syrian port at Latakia.

Ths request came to light through the disclosure of emailed correspondence between former British MP George Galloway, who heads an organization called Viva Palestina, and Bouthaina Shaaban, who serves as media adviser to Assad.
What do you think about the leaked emails from Assad's media adviser's account? Follow Haaretz.com on Facebook and share your views.
The correspondence, which was obtained by Haaretz, was leaked following an attack by the hacker group Anonymous.
Galloway, who is identified with the extreme left in Britain, served as a member of the British parliament until May 2010. A former member of the Labour Party, he was thrown out in 2003 in the wake of his attacks against party chairman and then-prime minister Tony Blair, and his opposition to the war in Iraq.
Galloway has for many years carried on close contacts with dictators and extremist elements in the Arab world. In the late 1990s, he was closely linked with Iraqi president Saddam Hussein, the Assad regime in Syria, Hamas in Gaza and the Iranian regime.
In July 2011, at a time when Assad was perpetrating massacres of his own people, Galloway was interviewed on Hezbollah's al-Manar network, where he heaped praises on the Syrian president. "Bashar Assad wants reform and change, to realize the aspirations of his people," he said in the interview, which was quoted in the official Syrian news agency Sana. "They are trying to pressure Syria and President Assad because of the good things that he did, such as supporting Palestinian and Lebanese resistance and rejecting to surrender to Israel."
In January 2009, Galloway founded the Viva Palestina organization, which began to organize aid flotillas to the Gaza Strip. The Shin Bet security service describes the organization as being "pro-Hamas" and assesses that Viva Palestina activists are involved in the transfer of funds to Hamas.
Galloway is considered persona non grata in several countries. In March 2009, Canada refused to permit his entry, stating that his organization was aiding Hamas in several ways, including the transfer of funds. In January 2010, Galloway was deported from Egypt following a visit he made to the Gaza Strip in the course of which members of his organization clashed with Egyptian soldiers at the Rafah border crossing, leading to the death of an Egyptian policeman. Egypt has since then refused to permit his entry into Gaza from its own territory.
On August 11, 2010, Galloway wrote to Bashar Assad's media adviser, Bouthaina Shaaban, who is considered to be one of the closest aides to the Syrian president. In an email message that bore the subject heading "IMPORTANT - private and confidential," Galloway asked Shaaban for Syrian help in organizing the aid flotilla to Gaza.
"I am writing once again to ask for Syria's co-operation although I do not doubt it for one moment. Syria is as I have often said is the last castle of Arab dignity," Galloway noted. "This convoy sets out simulataneously [sic] on September 18th 2010 from London, from Casablanca and from the Gulf. The London and Gulf columns of vehicles would like to converge on Latakia and sail from there to Al Arish."
Galloway listed the organizations that would be taking part in the flotilla, including IHH, the Turkish group that organized the flotilla to Gaza in May 2010. "It is intended that the vehicles and passengers should sail to Al Arish on board the Mavi Marmara, which as you know is owned by IHH," he wrote. "If His Excellency the President Bashar al Asad and his government can accept this proposal in principle perhaps you could nominate partner organisation(s) and individuals with whom my colleagues could liaise about the practical details?"
Galloway informed Shaaban that the two members of Viva Palestina responsible for the flotilla were Kevin Ovenden and Zaher Birawi. The Shin Bet charges that Birawi is affiliated with the Muslim Brotherhood. He lives in England, where he engages in intensive anti-Israeli activity. Birawi has been linked to the organizing of past convoys and flotillas to the Gaza Strip. Ovendon is a far-left British activist who was aboard the Mavi Marmara in the May 2010 flotilla to Gaza.
Three days later, Shaaban sent an emailed response to Galloway in which she expressed enthusiasm for the idea. "God bless your amazing efforts and I will be honored to be part and parcel of it and to be the catalyst for my country too," she wrote. "You will find me happy to put my time and energy to help with this most important cause of the Twenty First Century."
Galloway responded in another email, in which he wrote, "I knew that I could rely on you and the last Arab country in this historic endeavour. Can I respectfully request that you task officials in Damascus and Latakia to make contact with my comrades in advance of your arrival back to Syria?"
The flotilla ultimately sailed from Latakia on October 18, 2010 and arrived in Al Arish three days later, and from there continued in a land-based convoy comprising dozens of vehicles and hundreds of activists to the Gaza Strip. The entry into Gaza by Galloway and 16 others was denied by the Egyptian security services, although the convoy itself was permitted to enter following talks between the Egyptian and Syrian governments.
The following is the original correspondence between George Galloway and Bouthaina Shaaban:

From: b.shaaban@mopa.gov.sy
Sent: Sun 15/08/10 6:30 PM
To: buthainak1@hotmail.co.uk
Fwd: VivaPalestina5 convoy to Gaza
Your Excellency dear Ambassador and honourable lady Dr Shaaban,
Assalam o Aleukum.
Thank you for your beautiful reply. I knew that I could rely on you and the last Arab country in this historic endeavour.
Given the shortness of the time (we leave London Casablanca Doha on September 18th, and these three columns joined by big contingents from Turkey Jordan and Lebanon hope to sail from Latakia aboard the Mavi Marmara between October 5-7th) can I respectfully request that you task officials in Damascus and and Latakia to make contact with my comrades in advance of your arrival back to Syria?
I remind you they are Kevin Ovenden kevin.ovenden@gmail.com and Dr Zaher Birawi zkb2002@hotmail.com
This would be very helpful to us.
I hope you are enjoying your travels and have a safe journey back to Damascus.
With all my good wishes,
Yours fraternally
George Galloway
VivaPalestinaArabia
From: b.shaaban@mopa.gov.sy
Sent: Sat 14/08/10 12:05 PM
To: office@georgegalloway.com
Re: IMPORTANT - private and confidential
Dear George
Thank you very much for your email which I was delighted to receive. God bless your amazing efforts and I will be honored to be part and parcel of it and to be the catalyst for my country too. I am now abroad for about 10 days and expected to be back in Syria on August 24. If we can touch base then and get further details about what is really required and from whom in more details you will find me happy to put my time and energy to help with this most important cause of the Twenty Firtst Century. I hope you are following my writings in Counter Punch. Take care and God bless you and your efforts.
As ever
Bouthaina
On Wed 11/08/10 3:05 PM , Ayesha Bajwa <office@georgegalloway.com> wrote:
Your Excellency Dr Bouthaina Shaaban
Special Advisor to President Bashar al Asad
President of the Syrian Arab Republic
Damascus
By e-mail
Your Excellency, dear Dr Shaaban
I hope this letter finds you well. Please be assured of my warmest fraternal greetings always. I am writing on behalf of Viva Palestina whose world-wide family of solidarity organisiations and registered charities will soon be setting out for beseiged Gaza again with our fifth convoy of aid. You will recall the outstanding assistance
afforded us in Syria on previous occasions over the last period. I am writing once again to ask for Syria's co-operation although I do not doubt it for one moment. Syria is as I have often said is the last castle of Arab dignity. My only regret is to have to ask for your help again.
This convoy sets out simulataneously on September 18th 2010 from London, from Casablanca and from the Gulf. The London and Gulf columns of vehicles would like to converge on Latakia and sail from there to Al Arish. The Casablanca column hopes to join us in Al Arish and we hope all three columns - hundreds of vehicles strong – will enter Gaza through Rafah without hinderance.
The aid on board the vehicles will be 50% medical equipment and 50% educational, construction and other aid.
The organisers of the convoy are Viva Palestina UK, Viva Palestina USA, Viva Palestina Arabia, Viva Palestina Malaysia, Viva Palestina Ireland, the Turkish NGO IHH,the International Committee to break the Seige on Gaza, Kia Ora - the Viva Palestina sister organisation in New Zealand, Viva Palestina Australia, Viva Palestina South Africa, Viva Palestina Spain, Viva Palestina Italia, and Viva Palestina France.
It is intended that the vehicles and passengers should sail to Al Arish on board the Mavi Marmara, which as you know is owned by IHH.
If His Excellency the President Bashar al Asad and his government can accept this proposal in principle perhaps you could nominate partner organisation(s) and individuals with whom my colleagues could liaise about the practical details? The liaison from our side would be Mr Kevin Ovenden and Mr Zaher Birawi of Viva Palestina UK (as we believe 2 is enough).
In any case please convey my respect and my admiration to His Excellency the President.
With all good wishes
George Galloway