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Latest Articles: U.S. Constitution
The First Amendment’s Protection of ‘Hate Speech’ Is Not ‘Despicable’ Post Date: 2023-07-20 18:31:34 by Charles_Byrd
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Despicable? But its . . . true. That hate speech is free speech is not an opinion; its a fact. Thats how the First Amendment works. There is, in American law, no such thing as hate speech. Subjectively, one might consider some of that speech to be hateful. Sometimes, it is. Its also free speech. Click for Full Text!
Governments hate and fear the exercise of natural rights Post Date: 2023-07-14 01:02:02 by Charles_Byrd
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The world is filled with self-evident truths truisms that philosophers, lawyers and judges know need not be proved. The sun rises in the east and sets in the west. Two plus two equals four. A cup of hot coffee sitting on a table in a room, the temperature of which is 70 degrees Fahrenheit, will eventually cool down. Click for Full Text!
Govt as Trough Brings Pols Who Are Faithless to Constitution Post Date: 2023-07-08 01:09:40 by Charles_Byrd
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Does it really matter if the instrument curtailing liberty is a monarch or a popularly elected legislature? This conundrum, along with the witty version of it put to a Boston crowd in 1775 by the little-known colonial- era preacher with the famous uncle Cotton Mather addresses the age-old question of whether liberty can long survive in a democracy. Byles was a loyalist, who, along with about one-third of the American adult white male population in 1776, opposed the American Revolution and favored continued governance by Great Britain. Click for Full Text!
Legal analyst says 'incriminating evidence' of Biden's censorship was 'compelling' Post Date: 2023-07-07 02:12:46 by Charles_Byrd
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Fox News legal analyst Gregg Jarrett said Wednesday that the incriminating evidence that the Biden administration was colluding with social media companies to censor viewpoints was compelling. United States District Judge Terry A. Doughty of the U.S. District Court for the Western District of Louisiana issued an injunction Tuesday prohibiting Biden administration officials with multiple agencies, including the Federal Bureau of Investigation and the Department of Health and Human Services, from contacting social media companies to push for the removal, deletion, suppression, or reduction of content containing protected free speech. This injunction ...
Government Agents Routinely Entering Private Land Without Warrants Post Date: 2023-07-04 00:16:37 by Charles_Byrd
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For many people, a central attraction of owning and living on a multi-acre expanse of land is the opportunity for complete privacy to include freedom from the prying eyes of government. While most Americans might understandably believe the Fourth Amendments protection against warrantless searches covers all their property, a little-known 1924 Supreme Court decision Hester v United States says otherwise. The case struck a major blow against privacy rights, and government agents of all stripes have been exploiting the ruling ever since. Click for Full Text!
Court rules Oregon anti-recording law unconstitutional following James O’Keefe and Project Veritas lawsuit Post Date: 2023-07-03 19:40:08 by Charles_Byrd
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The Ninth Circuit Court of Appeals ruled on Monday that a law banning the recording of persons who do not explicitly consent to their voices being captured is unconstitutional, as it violates the First Amendment. James OKeefe of OKeefe Media Group (OMG) announced the decision online, noting that this follows his filing of a lawsuit in Portland, Oregon about three years ago. In PVA v. Schmidt, OKeefes former journalistic organization argued that Oregon law violates the US Constitution, especially in regard to the rights of those engaging in undercover investigative journalism. Click for Full Text!
What Will 303 Creative Mean for Social Media Regulation? Post Date: 2023-07-03 17:53:16 by Charles_Byrd
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When the conservative majority in the Supreme Court ruled Friday in 303 Creative v. Elenis that a Colorado website designer cannot be forced to create webpages to celebrate gay marriages, most if not all coverage by the mainstream press centered on what the ruling meant for LGBT folks. A CNN headline says the ruling "limits LGBTQ protections," which is an extremely narrow way of evaluating the ruling. Early after the ruling, the LGBT magazine Out tweeted that the ruling allowed businesses to refuse to serve LGBT people, which is absolutely wrong. It deleted that tweet and replaced it with a new one with the slightly more accurate explanation that the ruling restricts "the ...
Supreme Court rules in favor of Christian designer in gay wedding website case Post Date: 2023-06-30 20:51:44 by Charles_Byrd
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The Supreme Court ruled Friday that Colorado cannot require an evangelical Christian web designer to provide same-sex wedding websites. The court found that the states anti-discrimination law violates Lorie Smiths free speech rights under the First Amendment by demanding she creates same-sex wedding websites if she wants to do so for opposite-sex unions. Smith argued the requirement violated her religious beliefs. Click for Full Text!
Supreme Court Confirms That State Legislatures Can't Ignore the Constitution When Writing Election Rules Post Date: 2023-06-28 18:07:36 by Charles_Byrd
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When it comes to setting the rules for elections, the Supreme Court ruled on Tuesday, state legislatures are not allowed to ignore the Constitution or evade judicial review. It may not have been the most politically divisive issue in this year's Supreme Court docketthat honor probably goes to the still-yet-to-be- announced review of President Joe Biden's student loan forgiveness scheme but Moore v. Harper was the Court's most potentially seismic case. It raised a fundamental question about the balance of power in election law: do state courts possess the authority to review and overturn state legislatures' decisions about the rules for federal elections? Click ...
No warrant? No problem Post Date: 2023-06-23 01:25:30 by Charles_Byrd
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In 1928, Supreme Court Justice Louis Brandeis characterized the values underlying the Fourth Amendment to the Constitution as embracing the uniquely American right, and the right most valued by civilized people, that he called the right to be let alone. Today, we call it the right to privacy. He also warned that the greatest dangers to privacy lurk in the slow and insidious encroachments upon it by zealots in the government. Click for Full Text!
State secrets undermine due process: First, Fifth and Sixth amendments violated Post Date: 2023-06-12 16:44:18 by Charles_Byrd
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In a public courtroom in the United States in which a high-level criminal case is being tried, the prosecutors are permitted to press a buzzer on their table in the midst of an argument to the court by defense counsel. The buzzer cuts off the courtrooms public address system, and then the judge silences the defendants lawyer. This happens whenever the prosecutor thinks the defense counsel is about to reveal a state secret. Click for Full Text!
How State Secrets Undermine Due Process Post Date: 2023-06-09 01:46:20 by Charles_Byrd
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In a public courtroom of the United States of America, in which a high- level criminal case is being tried, the prosecutors are permitted to press a buzzer on their table in the midst of argument to the court by defense counsel. The buzzer cuts off the courtroom's public address system, and then the judge silences the defendant's lawyer. This happens whenever the prosecutor thinks defense counsel is about to reveal a state secret. The use of this Soviet-style system to disrupt defense counsel in the middle of a sentence is a hallmark of proceedings at the military trials at the U.S. Naval Base at Guantanamo Bay, Cuba. It is also profoundly unconstitutional. Click for Full Text!
A SCOTUS Win for Property Rights, for Now Post Date: 2023-06-05 19:10:21 by Charles_Byrd
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Last week, the United States Supreme Court, in a surprising display of unanimity, upheld the traditional values underlying property rights when it prevented the Environmental Protection Administration from regulating mud puddles. Here is the backstory. Click for Full Text!
Supremes rein in EPA's power grab with decision for Idaho landowners Post Date: 2023-05-25 23:44:16 by Charles_Byrd
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The Supreme Court has given Idaho couple Chantell and Mike Sackett a massive victory in their years-long fight with the Environmental Protection Agency, whose agents claimed their residential building land in Priest Lake was protected "wetlands" even though it wasn't wet, wasn't attached to navigable waters and was surrounded by homes on other lots. It was the second straight victory at the high court for the Sacketts, who earlier had to go all the way to the top because the EPA said they couldn't even challenge the decision in court. Click for Full Text!
FISA and freedom … or the lack thereof Post Date: 2023-05-25 23:42:47 by Charles_Byrd
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In response to President Richard Nixon's unlawful use of the FBI and the CIA to spy on his domestic political opponents in the early 1970s, Congress enacted the Foreign Intelligence Surveillance Act. It limits all domestic surveillance not for law enforcement purposes to the procedures set forth in the act. Click for Full Text!
Supremes unanimously rule against government equity confiscation Post Date: 2023-05-25 23:31:34 by Charles_Byrd
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A unanimous Supreme Court on Thursday dealt a massive blow to a practice that is common around the nation governments taking a property for unpaid taxes, selling it, and keeping ALL the proceeds. That offends, the court ruled, the Takings Clause of the United States Constitution. Click for Full Text!
Explained: That 'public debt' clause in 14th Amendment Post Date: 2023-05-11 20:09:44 by Charles_Byrd
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What would you do if you were driving a vehicle and came upon a traffic light that had both red and green lights on? Most rational folks would stop. After all, the red means "stop and stay stopped until the red light goes off," and the green means "you may proceed with caution." An analogous dilemma faces President Joe Biden today as he attempts to spend money that Congress has ordered to be spent, but which the government does not have, and in place of which it cannot legally borrow. Click for Full Text!
Congress’ unconstitutional pay scam gets members $34K raises Post Date: 2023-05-02 19:32:05 by Charles_Byrd
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Washington, DC, needs an emergency supply of snazzy sandwich boards announcing, Will Legislate for Food. A hunger crisis on Capitol Hill gave congressional leaders no choice but to trample the Constitution. Click for Full Text!
Should free speech be infringed when you hear something you don’t like? Post Date: 2023-04-22 01:29:46 by Charles_Byrd
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Our Constitutions premier amendment sanctioned the fringe New England organization NSC-131s (National Social Club-Anti-Communist Action) small, short-lived April 1 demonstration in downtown Portland, Maine. The freedom to speak ones mind and peaceably gather to express grievances are sacrosanct rights afforded to all Americans, even members of NSC-131. This self-described brotherhood feels existentially threatened, and its members are stereotypically described as Hitlerian ideologues. Click for Full Text!
Biden’s DOJ Indicts Four Americans for Their Political Views on Russia Post Date: 2023-04-21 00:48:41 by Charles_Byrd
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The Justice Department has indicted four Americans, including three members of the African Peoples Socialist Party and Uhuru Movement (APSP), over their political views on Russia, a step that has grave implications for First Amendment rights. The allegation against the Americans is that they were involved in a foreign malign influence campaign directed by Russias Federal Security Service (FSB). The DOJ also indicted three Russians related to the case, including Aleksandr Ionov, who was initially charged last year. Click for Full Text!
Yes, Secession Is Constitutional. The 10th Amendment Proves It. Post Date: 2023-04-01 02:37:36 by Charles_Byrd
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E pluribus unum. The principle behind that short Latin phrase is just as controversial now as it was at two of the most important junctures in American history: the War for Independence and the Civil War. Click for Full Text!
Wheels of Justice: Jury Duty Post Date: 2023-03-28 01:52:57 by Charles_Byrd
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Everyone has been talking about threats to democracy lately. According to its sudden defenders, a lot of sensible things were actually a threat. Allowing free speech threatened democracy. Addressing vote fraud threatened democracy. Limiting aid to Ukraine now threatens democracy. Im sure Ive left a few things off the list. But if you really want to know what threatens democracy, look no further than your nearest big-city courthouse. One need only spend a day in jury duty to know that the marriage of folly and vice has spawned a population of citizens who view America not as the land of opportunity, but as the land of opportunism. Click for Full Text!
Stanford Students Who Shouted Down Federal Judge to Get Mandatory Free-speech Training Post Date: 2023-03-27 21:49:10 by Charles_Byrd
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Stanford Law School students who shouted down a federal judge speaking on campus are about to learn a lesson in freedom of speech courtesy of Dean Jenny Martinez, who mounted a robust defense of said topic in a recent letter to students, faculty, and staff. There is temptation to a system in which people holding views perceived by some as harmful or offensive are not allowed to speak, to avoid giving legitimacy to their views or upsetting members of the community, but history teaches us that this is a temptation to be avoided, Martinez wrote Wednesday. I can think of no circumstance in which giving those in authority the right to decide what is and is not acceptable ...
Is Secession Fanciful? It’s Already Underway, Says Professor Post Date: 2023-03-24 04:25:17 by Charles_Byrd
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Secession goes periodically in and out of pseudo-elite fashion. When a Republican is elected president, as in 2016 with Donald Trump, liberals in blue (mood) areas sometimes talk about leaving the Union to form their own republics. The media may call this understandable frustration. When leftists control the executive branch and start trampling the Constitution, as in now with the Biden administration, conservatives opine likewise. Representative Marjorie Taylor Greene has done this, warning that civil war is inevitable unless theres a national divorce. Of course, when rightists do it, the media may call secession appeals dangerous radicalism. But theres another way ...
How government casually violates the letter and spirit of the First Amendment Post Date: 2023-03-24 04:10:08 by Charles_Byrd
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As long as the awful law exists, concerning which the Supreme Court will hear oral arguments on Monday, be careful what you say to, or write about, unauthorized immigrants. Congress, in one of the federal governments increasingly frequent offenses against the First Amendment, makes it a crime if one encourages or induces an alien to come to, enter, or reside in this nation in violation of federal law. Let the formulation of hypotheticals begin in order to illustrate the laws unconstitutional vagueness and overbreadth. Suppose a pediatrician says an unauthorized immigrants child needs medical care that is available here but not in the country from which the ...
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