If it’s restricted, it’s not free

I spotted this cartoon on Gab: It makes an excellent point.  Speech is either free, or it isn’t.  Any restraint, and it’s no longer free speech.  It really is as simple as that. Some people argue that the Schenk case, in which Justice Oliver Wendell Holmesmade his famous comment about shouting “Fire!” in a crowded theater, justifies restrictions on otherwise free speech.  That ignores the fact that the Schenk verdict was partly overturned by Brandenburg vs. Ohio several decades later, in which the court held that ‘government cannot punish inflammatory speech unless that speech is “directed to inciting or producing imminent lawless action and is likely

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Just how do we assess judges, anyway?

The Kavanaugh hearings in the Senate over the past couple of weeks have highlighted a real conundrum, even though I haven’t seen it discussed much in the mainstream media. Judge Kavanaugh has been criticized for his strong response to the allegations against him. Liberal critics … said Kavanaugh showed he did not have the proper judicial temperament for the job. “I thought his partisan remarks and his angry, unprofessional tone were not befitting the position he seeks,” said Jill Dash, a vice president of the American Constitution Society, a progressive legal group. “Putting someone on the court with a seething partisan vindictiveness

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California’s public sector unions, money, and politics

The California Political Review calculates the money taken in every year by public sector unions in that state, and shows how it gives those unions a powerful say in the running of the state. In the wake of the Janus ruling, it is useful to estimate just how much money California’s government unions collect and spend each year. Because government unions publicly disclose less than what the law requires of public corporations or private sector unions, only estimates are possible. . . . In summary, subject to the limitations in the available data and what appear to be reasonable assumptions,

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Doofus Of The Day #1,016

Today’s award goes to the far-left, progressive moonbats who exposed their fanatical ideology through dissenting with President Trump’s choice of Justice Kavanaugh for the Supreme Court – even before his selection was announced! First, the Women’s March press release was fired off without updating it to include the nominee’s name: In other words, they wrote it before knowing who they were protesting against!  Way to convey sincerity and thoughtful dissent, ladies (?). Also, there were the preprinted posters dissenting against any and every likely nominee, before the decision was announced. Clearly, they pre-printed everything they could think of, then threw

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Judge to Feds: “You had your chance, and you blew it. Now go away.”

I’m pleased to see that the judge in the Bundy case has finally showed prosecutors the door. A federal judge rejected prosecutors’ request Tuesday to reconsider her dismissal of the case against Nevada rancher Cliven Bundy, his two sons and friend Ryan Payne. U.S. District Judge Gloria M. Navarro dismissed conspiracy charges against the four men on Jan. 8 after finding that prosecutors had acted “with prejudice” throughout the trial, The Oregonian reported. Federal prosecutors violated federal law and failed to share evidence favorable to the defendants case with the court. (RELATED: Bundy Case Dismissed, Judge Orders Rancher Released) “The

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On America’s birthday, blinkered vision endangers her

I’m sure many readers have seen the alarm expressed by commentators on both sides of the political divide about our present political situation.  Both the far left and the far right of US politics appear to have been seized by extremists, who are promoting views that can only lead to a headlong clash with each other.  Those in the center, wishing to keep America united and work out our differences in a rational, reasonable, civilized manner, are increasingly being either radicalized or marginalized. What’s worse, many of the screeds offered by both sides are so partisan, so biased, that even

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Will SCOTUS rein in activist judges in lower courts?

One of the most interesting aspects of this week’s travel ban decision in the Supreme Court is Justice Thomas’ carefully-reasoned opinion on the lower-level court injunction that led to the decision.  His views are provided in pp. 46-56 of the judgment (link is to an Adobe Acrobat document in .PDF format).  Bold, underlined text is my emphasis. I write separately to address the remedy that the plaintiffs sought and obtained in this case. The District Court imposed an injunction that barred the Government from enforcing the President’s Proclamation against anyone, not just the plaintiffs. Injunctions that prohibit the Executive Branch

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