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Title: Tennessee v Powell, Cir Ct, Williamson Cty 1-CR-086639-B, Response to Government's Motion in Limine Two - Govt Motion to Ban the Word Government
Source: scribd
URL Source: http://www.scribd.com/doc/182964735 ... ion-to-Ban-the-Word-Government
Published: Nov 10, 2013
Author: nolu chan
Post Date: 2013-11-10 01:03:34 by nolu chan
Keywords: None
Views: 1468
Comments: 1

Tennessee v Powell, Cir Ct, Williamson Cty 1-CR-086639-B, Response to Government's Motion in Limine Two - Govt Motion to Ban the Word Government

Defense counsel Drew JUSTICE:

The government has moved to ban the word "government."

[...]

In any event, such a ban on terminology would violate the First Amendment.

[...]

Should this Court disagree, and feel inclined to let the parties basically pick their own designations and ban words, then the defense has a few additional suggestions for amending the speech code. First, the Defendant no longer wants to be called "the Defendant." This rather archaic term of art, obviously has a fairly negative connotation. It unfairly demeans, and dehumanizes Mr. Donald Powell. The word "defendant" should be banned. At trial, Mr. Powell hereby demands be addressed only by his full name, preceded by the title "Mister." Alternatively, he may be called simply "the Citizen Accused." This latter title sounds more respectable than the criminal "Defendant." The designation "That innocent man" would also be acceptable.

Moreover, defense counsel does not wish to be referred to as a "lawyer," or a "defense attorney." Those terms are substantially more prejudicial than probative. See Tenn. R. Evid. 403. Rather, counsel for the Citizen Accused should be referred to primarily as the "Defender of the Innocent." This title seems particularly appropriate, because every Citizen Accused is presumed innocent. Alternatively, counsel would also accept the designation "Guardian of the Realm." Further, the Citizen Accused humbly requests an appropriate military title for his own representative, to match that of the opposing counsel. Whenever addressed by name, the name "Captain Justice" will be appropriate. While less impressive than "General," still, the more humble term seems suitable. After all, the Captain represents only a Citizen Accused, whereas the General represents an entire State.

Along these same lines, even the term "defense" does not sound very likeable. The whole idea of being defensive, comes across to most people as suspicious. So to prevent the jury from being unfairly misled by this ancient English terminology, the opposition to the Plaintiff hereby names itself "the Resistance." Obviously, this terminology need only extend throughout the duration of the trial — not to any pre-trial motions. During its heroic struggle against the State, the Resistance goes on the attack, not just the defense.

WHEREFORE, Captain Justice, Guardian of the Realm and Leader of the Resistance, primarily asks that the Court deny the State's motion, as lacking legal basis. Alternatively, the Citizen Accused moves for an order in limine modifying the speech code as aforementioned, and requiring any other euphemisms and feel-good terms as the Court finds appropriate.

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#1. To: nolu chan (#0)

That is hilarious.

We used to be a land where we gave up our lives to protect our freedom. Now we give up our freedom to protect our lives.

We The People  posted on  2013-11-11   11:18:29 ET  Reply   Trace   Private Reply  


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