Category Archives: 1st Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

An Odd Argument



The 2nd Circuit Court ruled this past week that citizens united (yes, that Citizen’s United) must turn over its donor lists to the Attorney General of the State of New York.

Citizen’s United had argued that donations to the organization represented anonymous political speech, and therefore the state had no reason to have a law requiring that they turn these lists over to them. The state argued that such information is necessary to prevent fraud by non-profits and donors seeking to influence the politics of the State. Read the rest of this entry

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Articles of Faith



It is almost an Article of faith among Conservative Right political folk – the Courts are stacked with liberal activist Judges who will always overturn the will of the Voters. Don’t believe me? Well… this week the Godfather of conservative Talk Radio said pretty much exactly that.

The problem is, of course, that Articles of Faith are usually – okay, always – based in confirmation bias. That is to say that they are based only upon things that tend to support the statement. events or things that tend to disprove the Article of Faith are generally ignored or dismissed.

When it comes to the Constitution, this is especially true. Conservatives believe that Activist Judges are upending the whole thing, while Progressives believe that the Judges aren’t activist enough. Which more or less means that the truth is somewhere in the middle.

Since I am on the political Right, I prefer to look at things that challenge my own position and thinking. When it comes to the perception of Judges destroying America, there’s no place better to start than the 9th Circuit Court in San Francisco.

So let’s go there and take up the case of a Roseville Police Officer who managed to get herself terminated, for having sex, with a fellow Officer…


The 1st Amendment Right To Be An A**hole



 

In 44bce, following the death of Julius Cæsar, Mark Anthony wasn’t really impressing people in Rome with his leadership and management. Despite his inspiring speech at Cæsars funeral pyre, he was basically making a pigs breakfast of things.

Opposing him was Cicero. Here was a Constitutionalist, a leader and a man of words. And it was to words which Cicero turned in his very public condemnation and criticism of Anthony. He delivered a series of fourteen speeches, known as the Phillipics, in which he rips Anthony for everything from his management to his dalliances with women (even one beneath his station) and even implies that Anthony might be, just possibly, at least once or maybe twice, homosexual. Read the rest of this entry

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