Nothing has an uglier look to us than reason, when it’s not on our side. George Savile
Lewis v. New Orleans, 415 U.S. 130 (1974)
Back in the 1970s, Louisiana had a statute making it “unlawful and a breach of the peace for any person wantonly to curse or revile or to use obscene or opprobrious language toward or with reference to any member of the city police while in the actual performance of his duty.” After much procedural harangue that included affirmation by the Louisiana Supreme Court, the United States Supreme Court held that such statute “is not susceptible of application to speech, although vulgar or offensive, that is protected by the First and Fourteenth Amendments. Cohen v. California, 403 U.S. 15, 18-22 (1971); Terminiello v. Chicago, 337 U.S. 1, 4-5 (1949); Gooding v. Wilson, supra, at 520. Since [the law], as construed by the Louisiana Supreme Court, is susceptible of application to protected speech, the section is constitutionally overbroad and therefore is facially invalid.” Read the full opinion on Google Scholar.
Primera Enmienda a la Constitución
El Congreso no legislará respecto al establecimiento de una religión o a la prohibición del libre ejercicio de la misma; ni impondrá obstáculos a la libertad de expresión o de la prensa; ni coartará el derecho del pueblo para reunirse pacíficamente y para pedir al gobierno la reparación de agravios.
Houston v. Hill, 482 U.S. 451 (1987)
Houston v. Hill is a remarkable U.S. Supreme Court case that tackles abuses of power by police departments. The Supreme Court decided 7-2 that a Houston, Texas ordinance that was routinely used to arrest citizens for merely “arguing, talking, interfering, failing to remain quiet, refusing to remain silent, verbal abuse, cursing, verbally yelling, and talking loudly” toward a police officer.
Not only did the Supreme Court rule this type of conduct to be protected First Amendment speech, but the Supreme Court also expressed that the right to question police conduct is a fundamental distinction between democracy and dictatorship.Continue Reading
Cohen v. California, 403 U.S. 15 (1971)
During the Vietnam conflict/war, Paul Robert Cohen wore a (leather?) jacket bearing the words “Fuck the Draft” into the Los Angeles Municipal Court building. Upon entering an actual courtroom, however, he removed and folded his jacket over his arm. He again donned the jacket upon leaving the courtroom and a city officer thereupon arrested and charged him with violating California Penal Code § 415 which prohibited “maliciously and willfully disturb[ing] the peace or quiet of any neighborhood or person . . . by . . . offensive conduct. . . .” Continue Reading
Middle Finger Is Protected Speech
Though already strongly suggested by Cohen v. California and Houston v. Hill, the U. S. Court of Appeals for the Sixth Circuit has now specifically recognized that a Michigan woman who flipped off a cop after receiving a traffic ticket was exercising her protected free speech pursuant to the First and Fourteenth Amendments.Continue Reading
Three Types of Denizens
It would seem that there are three types of people: cowards who run from risk, fools who ignore risk, and agents who accept risk. Vox
On Securing Liberty
He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself.Thomas Paine (1795)
First Amendment Right to Be “Weird”
It occurs to me today that Americans do have a Constitutional right to be “weird” by virtue of the First Amendment’s freedom of expression.Continue Reading
First Amendment Paradox
There is no first amendment right not to be offended by another’s first amendment right to offend. (But the sissy millennials will always whine anyway.)
The Practice and Exercise of Faith Vis-À-Vis Coronavirus
I just had to take a blogger to task for condemning religious leaders who declined to suspend services. It went like this:Continue Reading
The American President ACLU Rant
For the record, yes, I am a card-carrying member of the ACLU, but the more important question is “Why aren’t you, Bob?” Now this is an organization whose sole purpose is to defend the Bill of Rights, so it naturally begs the question, why would a senator, his party’s most powerful spokesman and a candidate for President, choose to reject upholding the constitution? Now if you can answer that question, folks, then you’re smarter than I am, because I didn’t understand it until a few hours ago.Continue Reading
A Pentecostal First Amendment Objection
I am not saying that face coverings should be worn nor am I saying that face coverings should not be worn; I am saying that governments must not compel it. You see, while I am a stalwart libertarian, I am also a pentecostal Christian. I contend that such mandates go against my sincere religious beliefs.Continue Reading
Colin Kaepernick’s Patriotism
First-Amendment Inclusiveness
The same First Amendment which guarantees freedom of expression and freedom of speech, also puts a qualifier on it as “the right of the people peaceably to assemble”. At first blush those words are taken to mean that citizens have the right to congregate, whether that be to exercise the First-Amendment freedoms or to seek government redress of grievances; however, those words could just as easily be read to condition all First-Amendment freedoms upon a righteous purpose Continue Reading
First Amendment Encyclopedia
This First Amendment Encyclopedia is a cornucopia of actual truth.
Second Amendment Restrictions
Americans might be more willing to accept gun/ammo restrictions if such were applied equally to the militarization-thirsty (and qualifiedly-immune) police. The second amendment is substantively a repudiation and protection from the one law for me, another law for thee conduct of state actors. Let them lead by example by demilitarizing themselves before they ask citizens to demilitarize. Then there would truly be no need for such gear.
On Civil Accountability
I’m a private citizen with rights, but you’re a public servant with duties.vox
Fix the Complaint or Fix the Problem
“The eternal temptation, of course, has been to arrest the speaker rather than to correct the conditions about which he complains. I see no reason why these appellees should be made to walk the treacherous ground of these statutes. They, like other citizens, need the umbrella of the First Amendment as they study, analyze, discuss, and debate the troubles of these days. When criminal prosecutions can be leveled against them because they express unpopular views, the society of the dialogue is in danger.” Younger v. Harris, 401 U.S. 37, 65 (1971) Still true today, fifty-three years later!