Category: judiciary

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crime and punishment First Amendment rights judiciary

Most Important Time Periods

First Amendment, US Constitution, free speech, censorship

The attorneys general of a few states, a few activist groups, and a few congressmen have acted to bring to light a mass of eyewitness and documentary evidence that the federal government has been working hard, behind the scenes, to censor our speech.

The guilty parties have been caught red-handed.

Now that the matter is before the U.S. Supreme Court, reports on oral arguments suggest that not every justice is as acquainted with the point of the Bill of Rights as we’d like.

Its function is to stop government from doing various rights-violating things at will. But Justice Ketanji says: “Your view has the First Amendment hamstringing the government in significant ways in most important time periods.”

Justice Kagan, chiming in: “I’m really worried about that.”

Tyrants worry about having too little flexibility to stomp our speech “in most important time periods,” prevention of which stomping is the very purpose of the First Amendment.

We, for our part, worry about having our speech stomped.

Some of the justices also seem not to grasp that when government officials contact you and ask you to do this and that, no overt threats are necessary for officials to rely on the threat of governmental power.

The bossing is not always subtle, though. Perusing the evidence, Justice Alito says he couldn’t imagine officials “taking that approach to the print media.” The federal speech police treat “Facebook and these other platforms like they’re subordinates.”

Are they?

This is Common Sense. I’m Paul Jacob.

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crime and punishment ideological culture judiciary

Violent Double Standard

law, justice, crime, double standard

Trying to find justice in the justice system is sometimes like panning for gold in a dry river. But what ho, hey, we’ve found some.

Victoria Taft points us to “a federal judge who believes in justice” . . . or a reasonable facsimile thereof.

Recently, California District Court Judge Cormac Carney chastised a purportedly anti-crime department of the Department of Justice for prosecuting two men who “became members of a group characterized as ‘white supremacist’” for alleged violence while carefully ignoring the often worse conduct of Antifa and BAMN members.

Carney dismissed the federal charges against the two men.

He argued that “prosecuting only members of the far right and ignoring members of the far left leads to the troubling conclusion that the government believes it is permissible to physically assault and injure Trump supporters to silence speech. . . .

“At the same Trump rallies that form the basis for Defendants’ prosecution, members of Antifa and related far-left groups engaged in organized violence to stifle protected speech.”

There’s something wrong when people who had been holding a peaceful event full of speeches and flag-waving are prosecuted — not just prosecuted, but selectively prosecuted — for defending themselves when violent leftists show up and act violently.

If a speaker commits an actual crime, sure, he should be punished, in a proportionate way and without regard to the ideology of the speaker. Equal justice under the law, that’s all.

How about it, Justice Department? Care to earn your name?

This is Common Sense. I’m Paul Jacob.

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ideological culture judiciary property rights

Must Your Town Become San Francisco?

San Francisco, homelessness, homeless, consequences

I love San Francisco. Such a beautiful city, I thought on a recent visit. 

But then I turned the corner and discovered, once again, that all-important skill of rapidly averting one’s eyes. 

Where was an escape route?

The city by the bay, like other towns with mild weather, is always going to get more than its share of what we used to call hobos, or — more accurately — bums. Sleeping on the streets there must beat sleeping on Chicago streets in the winter.

Still, Frisco gives added benefits to those living on its streets. Indeed, vagrants can become less vagrant by setting up encampments in public, apparently wherever, toilet facilities optional. An impending Supreme Court ruling may push other cities in the same direction.

The case, Johnson v. City of Grants Pass, Oregon, has reached the U.S. Supreme Court.

Three vagrants challenged a Grants Pass ordinance prohibiting them “from using a blanket, pillow, or cardboard box for protection from the elements”; in other words, from setting up camp in the street.

In response, the Ninth Circuit blocked Grants Pass from enforcing the ordinance unless it provides shelter to those kicked off the street. Many towns cannot afford such expenditures, especially if the vagrant population is of any great size.

You get more of what you subsidize. If, obeying such rulings, towns do stretch budgets to prevent encampments, they thus encourage vagrants from nearby lands to move into town to get the taxpayer-funded accommodations.

The Ninth Circuit decision applies to nine states. Now the Supreme Court will either throw out the decision; revise it; or, upholding it, begin to consign all of us in all states to the fate of San Francisco.

This is Common Sense. I’m Paul Jacob.

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general freedom judiciary too much government

The Vaxxers’ War on Truckers

Justin Trudeau, Canada, truckers, vaccine, Covid

It’s always good when a federal court tells a federal government that it shouldn’t have done some horrible autocratic thing.

Much better had it never been done in the first place — but at least now there is official acknowledgement and, hope against hope, a chance that it won’t recur. 

Hey, a guy can dream.

According to a ruling by Canadian Federal Court Justic Richard Mosley, although truckers’ protests a few years ago against insane pandemic mandates “reflected an unacceptable breakdown of public order” (he seems to be forgetting that the government unacceptably broke things first), invoking of an Emergencies Act “does not bear the hallmarks of reasonableness — justification, transparency and intelligibility.”

No, it doesn’t bear those hallmarks. There “was no national emergency justifying invocation of the Emergencies Act.”

The truckers were clogging traffic to bring attention to a plight caused by the government. That’s it. The truckers weren’t nuking cities or anything. But in reply, the government nuked the rights of truckers by, among other things, freezing their bank accounts and even penalizing people who had donated five bucks to help the truckers out.

Truckers were protesting the fact that they were not being allowed to decide for themselves whether to risk an experimental vaccine. The government banned them from crossing the Canada–U.S. border unless they got the shot.

Luckily, Canada’s federal government has announced that it has seen the error of its ways and — ah, who am I kidding? It is appealing the decision.

This is Common Sense. I’m Paul Jacob.

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ballot access election law judiciary

Democratic Mountain High

Donald Trump, Colorado Supreme Court, election, insurrection

How to spark a civil war?

“A divided Colorado Supreme Court on Tuesday declared former President Donald Trump ineligible for the White House under the U.S. Constitution’s insurrection clause and removed him from the state’s presidential primary ballot,” wrote David Knowles for Yahoo News. This will, of course, induce a “showdown in the nation’s highest court to decide whether the front-runner for the GOP nomination can remain in the race.”

The idea — half plausible, I suppose — is that President Trump’s actions on January 6 spurred an insurrection attempt, therefore he is ineligible to run for any federal office.

But emphasize the half-plausible, since, no matter how often Democrats repeat it, the rally-turned-mini-riot-turned-incursion into the Capitol Building did not amount to anything like an insurrection. Capitol Hill interlopers on January 6 were neither prepared nor demonstrating a plan to overthrow the peaceful succession of power. 

They certainly didn’t try to take over the government.

Nor has Mr. Trump been convicted of any such thing.

But, as we all know, this is a controversial matter falling mostly on partisan lines (the Colorado State Supreme Court being made up entirely of Democratic appointees) . . . which makes interpretation of the third section of the 14th Amendment rather tricky.

The state-by-state lawsuits have been sponsored by progressive interest groups trying, desperately, to stop Donald Trump from pulling off a Grover Cleveland: returning to office after a fluke one-term “pause.”

Yet, even if the Supreme Court balks at putting down this too-clever-by-half-plausible scheme, the best Democrats could hope for is preventing Trump from running in blue states with blue courts. Trump might still win despite not being on some state ballots. 

Or lose in an election obviously rigged because he is barred. 

A recipe for deep distrust, resentment and anger.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights judiciary

Court Halts Imprisonment for Speech

free speech, satire, mind control

Left-wing enemies of right-wing freedom of speech, specifically the freedom of speech of Douglass Mackey, recently got their way when U.S. District Judge Ann Donnelly sentenced him to seven months in prison.

But now, a month after sentencing, another court has said wait a minute.

As I reported in October, Mackey was convicted for actions in 2016 that nobody could have known would later be treated as crimes. The FBI had arrested him shortly after Joe Biden became president in January 2021 — as if waiting for a favorable political climate for an obviously partisan action.

According to selectively prosecuting U.S. Attorney Breon Peace, Mackey threatened democracy and sought to “deprive people of their constitutional right to vote.”

What attempted deprivation of voting rights? Did Mackey lock people in their homes so that they could not go out to vote? Steal ballots? Glare and scream at people walking toward a voting site?

No, all that this obvious opponent of Hillary Clinton did was publish satirical posts telling Hillary voters to vote by text, much easier that way. Obnoxious, maybe; or silly. But the posts had no power to hypnotize or derange anyone or, for that matter, prevent anyone from double-checking with an election office or Google. And prosecutors brought in no voters who claimed to have been fooled by the obvious jest — which arguably was satire, a jape upon Mackey’s political opponents.

There’s no there there. Nevertheless, Mackey’s liberty has been at risk at least since 2018, when his legal name behind his pseudonymous social media presence was revealed.

It’s still at risk. But the Second Circuit Court of Appeals has blocked Mackey’s seven-month imprisonment until his appeal can be decided and the free-speech issues properly adjudicated.

This is Common Sense. I’m Paul Jacob.

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