Tagged: militia
Law 40 Wawkeism
Sep 2023-Mar 2024
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Wawkeism
“China Blasts German Foreign Minister Over ‘Dictator Xi’ Jibe” (Hindustan Times, Sep 2023)
Why are woke politicians such bellicose hawks? I am coining the word wawk for them. But no matter how wawk is a hen, it can only peck small chicken.
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Taliban’s Heinous Surveillance Cams
“Taliban Plan Mass Surveillance Network in Afghanistan Using U.S. “Security Map,” China’s Huawei” (Crux, Sep 2023)
Cameras are law enforcement tools. Taliban, like other governments, will enforce legislation with the help of cameras. When human rights organizations express concerns about a mere tool with which laws will be enforced but these organizations in fact consider that the laws themselves do not abide by human rights and are the problem, it is idle talk as far as their speech focuses on a universal tool rather than specific and allegedly problematic laws. These organizations show themselves as mere anti-Taliban pecking hens. Tomorrow, if they can find nothing else, they will express concern that the Taliban have a police force. When you express concern that the government of a country uses the same police measures as other countries, you are pecking like a hen.
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The right to advocate and incite unlawful conduct
“Influencer ‘Meatball’ appears to be arrested while livestreaming looting rampage in Philadelphia” (New York Post, Sep 2023)
Streaming is not looting. The influencer has First Amendment rights. The First Amendment allows advocacy of unlawful conduct and the influencer’s arrest was unjustified.
She has a First Amendment right to incite riot or looting or any other unlawful act one can think of, provided it is not inciting (1) an imminent act (2) likely to occur: Brandenburg v. Ohio. As she was livestreaming on her blog, she was not even addressing the crowds around her, which is the only way in which her speech could have resulted in imminent unlawful action likely to occur. There is no incitement relationship between the looting and her gloating over it.
But even if she had livestreamed herself addressing the looters, “Well done, guys!,” this is not incitement either because congratulations cannot be incitement, as the former follow the act while the latter precedes it. Furthermore, even if she had said “Well done! There is another store next door,” the looting started before her speech, and if this speech (“go to another store after this one”) could be incitement in this context, then congratulations would be incitement as well, as a warmup, but congratulations cannot be incitement by definition. As one has a right to advocate wrongful conduct, one obviously has a right to cheer over wrongful conduct, even if this could be said to warm up wrongdoers.
To be sure, congratulations may also occur during, rather than after, the act, but during the act is still not before the act, and one needs precedence to talk about incitement. If there were incitement in the present case, it would be incitement to keep looting and not to start looting, but if it could be said that such a thing exists as incitement to continue doing something that people had already started doing, then there is obviously no possibility that cheering could be protected by the First Amendment as it is in a free country where advocacy of unlawful acts is protected.
Even if addressing looters in one store with such words as “Loot the next store too” has some formal characteristics of incitement, it is not incitement, here, because for speech to be incitement it must incite, again, an imminent act likely to occur, and if the imminent act was likely to occur already before the speech, the speech is not inciting, it is only cheering, rejoicing, reveling, gloating… Looting has material interests attached to it, people loot for goods and merchandises; this motive is self-sufficient without the need to add cheering as a likely cause of continuation. As an individual caught in the middle of a rampage, and liking it, some of the influencer’s words had a few characteristics of incitement but her speech lacked other characteristics and they are all needed together to characterize unlawful speech.
The arrest follows a typical pattern of police frustration, where, most of the wrongdoers escaping arrest, police turn against a person for her speech. This is not acceptable under a Constitution with First Amendment. Besides, the arrest psychologically relies on an outdated notion that people on the street have a legally enforceable duty to make citizen’s arrests (called hue and cry): when, in the past, such a duty existed, a person running with the crowd after, say, a thief on the street while cheering for the theft at the same time was obviously unlikely.
To sum up, “keep going,” in whatever form, is not incitement. The looters were not triggered by the person’s speech. Gloating over wrongful acts is protected speech, as a form of advocacy.
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While Western governments and media were stressing that some Russians tried to emigrate to escape the draft, and this was described as a blow to the Russian regime, they asked European populations to welcome and accommodate millions of Ukrainian refugees who were fleeing not only the war zone in their country but also their country itself. In other words, while these governments and media asked European people to fund the Ukrainian army, they also asked them to welcome Ukrainian men escaping military service for the country we were supposed to root for. Ukrainian refugees had a duty to take refuge in their own country in order to enlist in the Ukrainian army; their coming to Europe has been opportunistic, to the best of a rational agent’s understanding.
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On the “hypocrisy of the international community” regarding the treatment of civil casualties in Ukraine and Palestine. The parallel between Ukraine and Palestine would be more adequate if Western nations held Ukraine accountable for Russian civilians’ deaths, which they are not doing, whether it be because there are no Russian civilian casualties (but there are: see below) or for the same reason they keep largely silent on Palestinian casualties, namely because they support Ukraine’s goals as they support Israel’s ones. They only see civilian casualties when the “bad guys” are responsible.
Nota Bene. 1) Since the beginning of the war, there have been Ukrainian attacks on Russian territory. 2) There is a significant Russian minority in Ukraine. If you refuse to call them ethnic Russians, you will count them as Ukrainian casualties rather than Ukraine’s victims; how convenient.
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Aerial invasion and mass bombardments have become the number one modus operandi of technological war, and this type of warfare is highly indiscriminate and lethal to civilians and civilian infrastructures, especially when faced with guerrilla warfare. This, among other things, is the reason why Western nations are reluctant (to say the least) to condemn the bombardments on Gaza, because they know they would do the same, namely indiscriminate mass bombardments, in the same situation, regardless of international law. The existence of Palestinian enclaves (the relics of Palestinian territories) surrounded by Israeli territories allows this to happen, and the so-called “human shields” in these enclaves are all the present and living Palestinian Arabs.
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“[British] Police ‘treading a very fine line’ | Pro-Palestine protesters provided with leaflets on antisemitism” (GBNews, Nov 2023)
These leaflets are police provocation. Police target law-abiding citizens, namely pro-Palestine demonstrators, telling them through leaflets: “We are confident that you may be criminals.” Of course, this serves to dissuade people from joining the movement, as individuals who decide to join know they would be under police surveillance as suspected criminals. These leaflets are blatant discrimination.
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“Algerian footballer Youcef Atal convicted by French court over Gaza post” (Islam Channel, Jan 2024)
The fact it took less than three months for a French court to pronounce a condemnation (for a post dated Oct 12) is unusually swift for a so-called speech crime. So much so that a political spin may be suspected in the procedure, in relation with the current atrocities taking place in Palestine. Besides, if Youcef Atal has no criminal record, his sentence is unusually harsh, even taking into account the suspended part of prison time. (He probably doesn’t have a record; I only say “if” to avoid making believe I know his file personally.) The sentence is unusually harsh and the trial unusually swift, which hints at political pressure to speed it up and at a political sentence. This was a political trial, not a fair trial.
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Of Salutes and Flags
“Hundreds Perform Nazi Salute in Italy. (…) Banning the Nazi salute opens the Pandora’s box.” (FirstPost, Jan 2024)
The Pandora’s box has been open for decades in France and I confirm politics is a joke here.
Contrary to wearing uniforms and displaying paraphernalia, the salute per se is not an offense in the French books (as such it is forbidden in stadiums only) but the courts condemn it nevertheless as incitement to racial hatred. Thus, where the law actually forbids, say, the display of Nazi flags, the guilty may have to pay a 1,500€ fine, but where the law says nothing but courts nevertheless filled in the gap, then one may incur one year in prison and a 45,000€ fine. The legislator said nothing on the salute but the salute is punished as racial hatred, whose penalties are substantially heavier than for Nazi uniforms and objects that are statutorily punished by a much smaller fine, even though the obvious display of objects, if the salute is racial hatred, is racial hatred by the same token. So much so for consistency.
Finally, neither the law nor the courts limit the scope of the law to the Nazi and Italian Fascist parties; their phrasing targets organizations condemned by the Nuremberg and other trials in 1945 and other organizations condemned for crimes against humanity. Which means displaying the Israeli flag should be punished by French courts when the International Court of Justice (ICJ) rules that Israel has committed or is committing a genocide.
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Defamation and the Fair Trial Principle
(For those reading French, see Droit 39 “Diffamation et Droits de la défence.”)
a) Speech during a trial
b) Speech after a trial
a) In Trump’s defamation case, what has been condemned is basically Trump’s defense in his sexual offence trial. When you defend yourself in a trial, what in other circumstances might be called defamation is protected speech, because otherwise no one could defend themselves in a trial and no one could have a fair trial. Trump’s defense was protected from defamation suits in the context of his trial. The federal prosecutor talks about Trump’s tweets, interviews, after this or that audience, at this or that time, but she fails to tell us how the points she stresses are outside the protection that Trump’s speech, like any other accused person’s speech, was afforded for his defense. Think about it, now when one is brought to court and wants to dismiss their accuser’s allegations, that is, when one defends themselves, if they lose the trial, they will also lose a defamation trial because they dare defend themselves?
In this particular trial, protected speech was not limited to the precinct of the court, because both parties were public figures and the trial was in the mass media as much as in the court. Therefore, it is obvious that Trump had a right to express himself on the trial in the media, that is, he had a right to carry elements of his defense to the public via the media, which were dealing with the trial. Consequently, his speech was protected as defense speech in a trial, and at the very least, if it could not be protected because in some similar cases this had been previously ruled out, Trump may have been in good faith about his rights, about the extremely important rights of speech protection in a fair trial. This condemnation conveys the suggestion that the court treats protection of speech quite lightly, even to the point of ignoring it. What citizens will remember of this trial is that by defending oneself in a trial one may incur another trial for defamation.
Defending oneself in a trial, if it is libel, is protected libel. Trump lost a libel case after he was sued for commenting his own trial on the internet and in interviews. His comments were merely to tell what his defense is in the case, namely that his accuser is a liar. These people mean he was the only person on earth compelled to keep silent about his own trial? There can be no fair trial at all if your defense is liable to be treated as libel because a judicial trial is basically, for starters and some dubious characters here involved, reciprocal aspersions.
b) Besides, you can’t defame someone whose reputation is not at risk. Since the court said a party to a trial did not lie, this party is reputed to not be a liar, and when the accused keeps calling her a liar this cannot taint her reputation. The whole libel suit is flawed on principle. An American citizen has the right to keep claiming he is innocent (and his accuser is a liar) after he was found guilty by a court of law. You can’t sue for libel a man who claims his innocence. He claims his innocence but the accuser has been vindicated by the court, the court’s judgment therefore precludes that the person the court found guilty, when he keeps claiming his innocence, commits libel, because there can be no damage to the vindicated accuser’s reputation in such a claim.
Conclusion
When I say “I am innocent,” I am saying (unless I believe my accuser is making a mistake, a precision I would then be well-advised to articulate) that my accuser is lying. Someone wanted to object to me that, had Trump said he is innocent, he would not be sued for libel (quote: “He’s not being sued for claiming he’s innocent”), but, as this person claims, as Trump said his accuser is a liar he is being sued. I call everyone’s attention to the fact that had Trump said he is innocent, these very words (“I am innocent”) would accuse his accuser of lying, which my detractor says is deservedly sued for libel. His viewpoint is therefore inconsistent and unfamiliar with libel law.
Annex
“The Adult Survivors Act (ASA) is New York State legislation enacted in May 2022 which amends state law to allow alleged victims of sexual offenses for which the statute of limitations has lapsed to file civil suits for a one-year period, from November 24, 2022, to November 24, 2023.” (Wikipedia)
There are statutes of limitations for a reason, the bill is tailor-made and unconstitutional. The laws of the state have statutes of limitations but the lawmaker of the day, although acknowledging the relevance and goodness of said statutes, suddenly finds it expedient to cancel them for a short, limited period. Expediency considerations do not belong to the legislative power, lawmakers must make good laws and repeal bad laws. If statutes of limitations are good, they must leave them alone, if they are bad, they must repeal them. This temporary cancellation of statutes was an unconstitutional infringement on the judicial power, to which the laws of the state say that statutes of limitations are good legislation they must abide by. This legislative self-contradiction is constitutional insanity, that is, unconstitutional remissness.
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Corporate Speech and the First Amendment
There is no such thing as corporate speech, as speech is protected as a political right, that is, speech protection is the result of a connection to the electoral process and ballot. The right to vote is the condition for protected speech. The Supreme Court of the United States must reverse Citizens United v. Federal Election Commission and allow the legislator to regulate and limit so-called corporate speech.
Commercial speech is not fully protected (in contrast to hate speech for instance). The U.S. constitution does not want advertising to flood the “marketplace of ideas,” so the notion that websites have a constitutionally protected freedom to censor content for the sake of advertisers is fanciful. The lawyer we heard in Moody v. Netchoice talks of “users and advertisers,” but he really thinks “advertisers” only because advertisers are the platforms’ source of income, not users. Besides, users and advertisers shouldn’t be thrown in the same bag as far as the First Amendment is concerned, because commercial speech is protected from state regulation only partially, while the user is an agent on the marketplace of ideas and has the right to vote, that is, the right to determine the states and nation’s policies.
When you’re watching a political debate to make a choice on who you’re going to vote for, you’re in a speech environment. When the broadcast is cut for commercials, you’re leaving this environment. Next thing you know, they’ll tell you a football game is “speech.” The Founding Fathers did not fight tyranny for this.
Furthermore, private censorship by platforms is infliction of emotional distress, a tort. When a platform user makes a speech that the U.S. constitution protects and he is censored by the platform because of his speech, the platform is a platform for speech but acts as a private club, or a church, or a private property. However, the platform attracts users to expose them to commercial speech, advertisers being their source of income. The platform has a minimal duty to the user in the circumstance, which is that, as long as they abide by the law, users must be free on the platform. Anything else is ruthless exploitation by platforms exposing gagged masses to advertising and mind manipulation.
Thus, the reasoning is along two lines. 1) Private censorship by platforms might be liable to tort actions. 1a) It could be for invasive moderation, invasion of others’ rights. It would be absurd to claim a platform owner can shield a manic staff who harasses targeted users, like an ex-girlfriend, through flagging their posts manically. Not admitting that a platform can be sued for moderation is like saying they can staff their moderation offices with maniacs and that would be just as good. Absurd. 1b) Then, a notice on posts could well be libel, depending on the notice, but even a removal could have the same effect on one’s reputation. Even though platforms cannot be liable for users’ content (Section 230), they are liable for moderation. Moderation is speech and not all speech is protected; moderation can be unprotected speech where libel laws obtain. Section 230(2) provides “Good Samaritan protection” for bona fide moderation, it isn’t a blanket protection.
2) A law curbing platforms’ speech regardless of the First Amendment could pass the strict scrutiny test because of the so-called preferred position doctrine that applies in case of conflicts of rights. As currently the First Amendment cannot ensure for free, voting citizens the free flow of information and ideas against encroachments by platforms, a statute is needed. That statute will be upheld against the private companies’ claim that it violates their, the companies’ First Amendment right. Indeed, corporate speech has not as strong a status as citizens’ speech, all this ultimately deriving from the common law, where property is not a source of absolute discretionary power. Corporate speech is twofold: commercial and political. Admitting that corporations’ political speech is equally protected under current precedents (since Citizens United), that’s not the case of their commercial speech. This enables one to say that, according to the existing positive legislation, corporations have fewer First Amendment rights than individuals.
The envisioned statute can specify the kind of companies concerned, same as there exist statutes regarding “common carriers.” Some time ago, Justice Clarence Thomas floated the idea that internet platforms are common carriers. If this is what they are, the platforms will realize that a statute can impose duties on companies, on private property. Malls are a good example in the discussion. See Logan Valley Plaza (1968): “Logan dealt with the right to use private property as equivalent of public space”; “A business in a privately owned shopping center cannot prevent labor picketing in its surroundings.”
– Wouldn’t narrowing the scope of 230 potentially incentivize U.S. companies to register abroad? Of course internet companies have to comply with each country’s local laws and ICCPR but that concerns, to my knowledge, widely what should and must be censored – not what cannot be censored, as long as the terms are enforced without prejudice. (G. Muller)
These American companies operate in foreign countries where they are under obligation to censor content (see for instance the European DSA–Digital Services Act). Why would they register abroad if tomorrow these companies come under an obligation not to censor content in the U.S.? Registering abroad, they would face the same compulsions as if registering in the U.S., namely: to censor abroad, not to censor in the U.S.
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Firepower and the Second Amendment
Whether a legislator wants to ban machine guns or bump stocks (see Garland v. Cargill about the constitutionality of a Trump-era ban on bump stocks, currently examined by the U.S. Supreme Court), this is a vicious wish because enactment is unconstitutional. The Second Amendment means that the state cannot tamper with the gun function of guns. If you can ban bump stocks, nothing can stop you from banning anything except toy guns shooting soft rubber bullets while claiming the U.S. constitution has a Second Amendment. “Militias” that are “necessary to the security of a free State” need more than toy guns, they need the deadliest weapons on the market.
A militia being necessary to the security of a free State, it needs the deadliest weapons. We all know you don’t need a machine gun to go hunting, but this amendment wasn’t written for hunting. It was written for the security of a free State. We also know that whether a “well regulated militia” is something of the irretrievable past or not, it is not what the Court is asked to consider, because this is only the premise of the amendment, and it is the amendment’s prescription that is the standing and binding rule, namely that the state don’t infringe on the people’s right to bear arms for the security of a free State.
In other words, whether well regulated militias have been existing or not these last decades, it still obtains that the people’s right to bear arms is necessary for the security of a free State according to the constitution. You can’t deny it without hollowing out the amendment. The constitution is not concerned about what rifle or what firepower a hunter needs to shoot a deer, so that lawmakers could put a limit on the firepower legally available to citizens. The firepower constitutionally available to U.S. citizens is the firepower necessary to the security and existence of a free State, that is to say, the deadliest weapons available. All restrictions on this account are unconstitutional.
The Second Amendment forbids the state to consider that its standing army has made “well regulated militias” unnecessary to the security of a free State. But the right to bear arms is a people’s individual right, not a militia’s collective right. The authors of the amendment made this obvious and they made it so lest, through devious statutes, militias became annexes to the standing army and/or the states’ administrations (which is actually the case with the existing militia statutes and militias). The people’s right to bear arms entails the unrestricted freedom to achieve maximum firepower, because the security of a free State entails the ongoing validity of the constitution itself, that is, there can be no higher duty for a U.S. citizen than the security of a free State, and therefore, as this highest duty requires arms, lawmakers cannot impose limits on the firepower available to citizens.
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Removing Names from the Ballot
Trump has not been convicted for insurrection. Statutorily removing his name from the ballot for insurrection (January 6 events) amounted, therefore, to removing his name because “somebody” is saying Trump is an insurrectionist. This “somebody” could be my grandma or your grandpa or the current President of the United States, it doesn’t matter, this somebody is nobody. Coloradan authorities lacked a legal basis for their action. The only possible legal basis would have to be an actual conviction for insurrection, and not only an indictment because from indictment to conviction the indictee is presumed innocent (Coffin v. U.S., 1895). You cannot remove a person from the ballot for sedition when this person is presumed innocent of sedition. That the Colorado supreme court thought otherwise is baffling. Coloradan authorities misused their authority.
“Colorado should be able to bar oath-breaking insurrections from our ballot,” a Coloradan official declared after Trump v. Anderson. Well, you can do that, Colorado state, only you don’t have the power to say who is an insurrectionist and who is not, it has to be a court of law, with an actual conviction, which is the small detail missing in your operation. You are a government, not a court, and although you would like to convict Trump for insurrection, you don’t have this power and you removed from the ballot a person as innocent of insurrection as your own officials until proven guilty by a court. Colorado state intended to gather in its hands the powers both of an executive and the judiciary, and these people don’t even seem to realize how spiteful this is to fundamental principles.
Detractors of SCOTUS’s Trump v. Anderson (2024) are now considering a federal bill, which is the obvious option given the angle in the court’s decision. In my humble opinion, however, this was not so much a state versus union issue as an executive power versus judicial power, a checks and balances issue. To remove an “insurrectionist” from the ballot is not allowed to a government absent a judicial sentence about said person. As a commentator already put it, the bill smelled a lot like a bill of attainder, and by floating the idea this commentator made it clear that in his opinion the issue was not whether states (as opposed to the federal state) could take such a step but whether the authorities of a state and/or federal authorities could pass a bill targeting people who have not been convicted by a court and at most are indicted and still presumed innocent. And the answer to the latter question is an obvious no.
If the ballot removal act is a bill, it is a bill of attainder, forbidden by the attainder clause of the U.S. constitution. If it is an executive act, it lacks legal ground, which could only be an actual conviction for insurrection or a bill. An executive act depriving a citizen of his rights (the right to participate in an election) without legal ground is misuse of power. It seems these people have been taking the partisan Jan 6 house committee for some kind of court of law because they’re always talking of insurrection as if guilt has been proven by a court. However, a claim of insurrection is at this stage a mere fancy and cannot serve as legal ground, the Jan 6 committee notwithstanding.
The issue is people’s right to be candidates for elections when there is no charge of insurrection against them and all other conditions are met for their being candidates (age, nationality, and so on). This right is constitutionally protected. Neither a state nor a federal act can deprive an American citizen of this right on a mere fancy of insurrection. And for a claim of insurrection to serve as legal ground, guilt must be proven by a court of law, by a final conviction in a court. Indictment is to no avail in this regard because indictment is an executive act, and a legal ground could only be a judicial act by an independent court after a fair trial.
What, then, would such a federal statute aiming at removing Trump from the ballot be? Absent a conviction by a court of law, it would be a bill of attainder, forbidden by the attainder clause of the constitution. The bill would be both a judicial, individual judgment (“Trump is an insurrectionist”) and a legislative act (“Therefore he must be booted from the ballot”). Bills of attainder are unconstitutional because of the fundamental principle of separation of powers. To rule that “Trump shall be booted from the ballot” you need a prior judicial, individual judgment stating that “Trump is an insurrectionist.” This judgment is missing. To remove Trump from the ballot, a law could be passed without being attainder if it were so worded: “Any person indicted (not convicted yet) for insurrectionary acts shall not be accepted as candidate.” However, how could this be congruent with the presumption of innocence? The government could indict any person and these people would be deprived of their right to be candidates for elections without judgments by independent courts. That would be unconstitutional too, a misuse of power.
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Porn being legal in the U.S., a platform needs to moderate its content to bar porn. No one can object to such moderation, but then, using the argument, the platforms become willing witch hunters for the administration. The solution is to make porn illegal. Filmed pornography being based on meretricious contracts, its very making is illegal to begin with (see Law 22 “Pacta turpia cannot be speech”).
Platforms need to moderate content because porn is legal in the U.S., with the valid argument: “We need to moderate content because we’ve got to bar porn from flooding our platforms since it is not police job but ours.” Therefore, ban porn again. Porn is no more speech than a football game (and much more damaging). Stop the nonsense, the only reason they – mafia lawyers – say porn is speech is because in the U.S. speech is protected. How can filmed pornography be legal in states where prostitution is illegal (all states except Nevada), when the making of filmed pornography requires the same meretricious contracts as prostitution? Filmed pornography is filmed prostitution, and if there is such a thing as crime prevention the making of filmed pornography should be prevented in said states. You’ve got to be consistent.
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Some ethical remarks on police interrogation techniques
1) The right for a police officer to be deceptive during an interrogation
Ask yourself why it is not okay for a juvenile service officer to be deceptive, but it is for a police officer (these are interrogation regulations in the states, where the presence of a juvenile service officer is mandatory when juveniles are interrogated by police). There can be no good reason, for in the former case a moral commandment prevails while in the latter expediency does, but if it is a question where a moral commandment applies, expediency is not a legitimate concern. Criminals use deception to conceal their crimes. As the outcome of Alyssa Bustamante’s trial shows, the police officer’s occasional deception during the interrogation was not even decisive, since the whole interview was dismissed as evidence and yet Bustamante was convicted.
2) Sitting close to the suspect
In normal social interactions, especially in the U.S., one would not sit so close to a stranger as the detective to the suspect here (no need to specify the case) without an intention to intimidate or even assault the stranger. Why should a detective be allowed to intimidate a suspect? Truth requires dialectical skills and the state should not tolerate other, bullying, humiliating techniques. According to proxemics, imposing a spatial distance shorter than the socially accepted distance between two interacting strangers is indeed a form of humiliation and degradation.
3) Telling the suspect to look at you in the eyes
Telling someone to look at you in the eyes, as the detective does with the suspect (no need to specify), is outrageous in normal social interactions. It is a request that, between strangers, could easily start a so-called “trivial altercation” resulting in homicide (such trivial altercations between strangers are a cause of 37% of all homicides). In other words, for a detective to talk like this is a misuse of power.
Between two strangers, the reaction of a normally constituted man to an injunction to “look at me in the eyes when I’m talking to you” is some kind of “f*** you.” As this is not an option for a suspect interrogated by a police officer, the suspect is degraded. To be sure, between strangers, there is no such thing as asking their ID to someone and other such things either; however, police are entitled by law to make such requests, whereas to our knowledge there is no legal ground formally allowing a detective to carry out an interrogation by asking the suspect to look at him in the eyes. An interrogation can be carried out without the suspect being forced to look at people in the eyes if it is not his habit.
Law 15: One Repeal to Freedom
Hate Crime
“Adding extra penalties to a crime based upon the offender’s motive or prejudicial statements is an unconstitutional abridgement of free expression. … Proponents of hate crime laws have attempted to compare the need for hate crime laws with the need for laws against discrimination. On the other hand, some have noted that civil rights laws target discriminatory behavior, not the prejudice behind the behavior.” (Encyclopedia of American Law)
I owe the reader a precision. The first sentence has been cut to express my full endorsement of the idea and this is not the current state of the law. The original sentence is “Critics of hate crime statutes argue that adding extra penalties to a crime etc.”
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One Repeal to Freedom: Terminating the Civil Rights Acts
The most conspicuous, when the Acts are repealed, is that nothing will be changed. The fair employment section has not desegregated the workplace and the fair housing act has not desegregated neighborhoods–as far as those for whom these acts were allegedly passed, the Negroes, are concerned. Critical race theory is correct: civil rights legislation is rubbish and the liberals’ record a piece of trash.
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The Threat of Standing Armies
(Completes The People in Arms in Law 14.)
The second amendment has three functions: (1) To defend against a tyrannical government
Assuming a tyrannical government is what Scalia calls “public violence” in the phrase “(protecting oneself against) both public and private violence,” and that to defend against it is to defend against its army, can it be done by the militias as known from the statutes?
The National Guard is “under the dual control of the state governments and the federal government”: If one of the two controllers is the tyrannical government, the National Guard cannot act as a defense against it unless it splits from the tyrannical controller. If the two controllers are together, the National Guard can do nothing.
State Defense forces are under state control. They cannot defend against a tyrannical government if the state in question supports said government or is the tyrannical government.
These are not militias but integral parts of the governments that the Constitution suspects of possible public violence and tyranny, and therefore the legislative acts are best described as maneuvers to empty out a major constitutional object.
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Why did the Founders fear standing armies? Standing armies are made of the scum of society (Montesquieu already said so, why would it be different today?), so in the final analysis what you’ve got is a scum bureaucracy and a political lobby of the scum, which is gathered in a mass and thus can develop a scum class consciousness (contrary to tertiary sector workers, completely atomized). Add police to this brutish organized element and, besides big business (Delaware Inc. [see below]), you’ve got the most prominent political lobby in the state.
The Republican Party is their mouthpiece now (them plus small business. What blue collars? The jobs are outsourced in China), which platforms therefore ask both for small government and large armed forces: a banana republic. So much so that, seeing this farce, some true conservatives have been forced to flee to a third party, the Libertarians, even though, as I wrote elsewhere (Law 10), a two-party system is better than a multi-party system. The Republican Party’s platforms vindicate both small government and large armed forces. Small business, bosses and employees alike, the former due to their opposition to red tape, the later out of resentment against functionaries’ entitlement, calls for small government. The praetorians call for large armies. The Democratic Party’s platforms are dictated by the technostructure, which is compounded of big business and state bureaucracy.
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When this or that politician emphatically declaims that the army is the most desegregated institution in the states, it’s a bloody sarcasm on racial minorities. More desegregated is only… prisons. What is it they gloat over?
In my opinion, professional soldiers should never be called veterans. It must be reserved to drafted civilians. The figures of military outsourcing in the U.S. (Titan Corporation etc.) are now staggering and these companies’ employees most probably never get called veterans.
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Delaware Inc.
Biden has spent his career making it difficult to wipe out debt via bankruptcy. Biden is from Credit Card Company-run Delaware. (Patrick Howley, journalist)
Oh, Biden is from Delaware… Recently I read this on Delaware: “Most American corporations are incorporated in Delaware and … most Delaware cases of corporation law are done in front of professional judges [Delaware Court of Chancery, an equity court], not jury laymen.” (De Geest, American Law: A Comparative Primer, 2020)
I apologize for putting Howley’s “credit card company run-Delaware” description in its true light, which is that it’s not even half the picture, since “[m]ost American corporations are incorporated in Delaware and … most Delaware cases of corporation law are done in front of professional judges, not jury laymen.”
Delaware is the incorporation state of “most American corporations” so they can avoid litigation via popular juries. Therefore, the item Howley lays down from Biden’s record (making it difficult to wipe out debt via bankruptcy) must have a more accurate reason, which is, in my opinion, that Delaware is the state of big corporation interests, and it’s small business owners who need accommodating bankruptcy laws. Big corporations, on the other hand, have an interest in holding small business by the throat.
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The Mexican Flag As Gown
North Carolina student denied diploma after wearing Mexican flag over graduation gown.
Here’s the story.
“Livestreamed video footage from the ceremony shows the principal ask him to take the flag off. After an unsuccessful attempt to take it off, he was handed his diploma holder, which the other students also received. But after walking across the stage, he was denied his actual diploma.”
“This incident is not about the Mexican flag,” the school said, adding they “strongly support [their] students’ expression of their heritage.” But “school dress code allows decoration only on graduation cap.”
Then, “In a statement to ABC News on Sunday, … High School said that Lopez’s diploma has been available for pick up since Friday and that an apology has never been requested, expected or required.”
With title “North Carolina student denied diploma after wearing Mexican flag over graduation gown,” the author of the paper seemingly intends to make of this story a civil liberties issue, whereas it is a dress code issue, and when you read till the end, of course the student’s got his diploma: he can pick it up at the school and the school has not even asked for an apology for the decoration day’s dress code breach.
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The facts: E. Lopez wore the flag of Mexico over his graduation gown at decoration day. The principal who was to hand the diploma asked him to remove the flag because it was a breach of the school’s dress code for decoration day, upon which demand Lopez tried to comply but had difficulty removing the flag, so the principal handed the diploma nevertheless, finding Lopez’s wish to comply compliant enough. However, someone else from the school staff, after he had walked across the stage, thought differently and took the diploma back. This caused some outrage and a small demonstration took place in the next days. The school explained that the sanction had nothing to do with the flag but with a breach of dress code, that the diploma was available at the school for Lopez to pick it up, and that the school was not asking him an apology. The sanction was therefore simply that his diploma was withheld a few days by school officials, which seems quite fair and the school could have asked for an apology in the bargain without making a disproportionate demand, I find.
A paper was released (attached to a video from decoration day) with title “North Carolina student denied diploma after wearing Mexican flag over graduation gown.”
I wonder whether the word “denied” is not misleading and I would really like to know how other readers interpreted it. The diploma was retained a few days, does it justify the use of the word “denied”? On the other hand, Lopez did not get his diploma that day so he was denied the diploma that day, sure; still, he was not denied the diploma more than a few days…
The first thing that came to my mind when reading the headline (I’m not an American citizen and for a moment I overlooked the narrower meaning of the word diploma in English) is that E. Lopez was denied his degree, that is, the school authorities canceled his studies because of his wearing a foreign flag on his gown at decoration day, as if they had found it a seditious act. We all know the issue with flags is sensitive, Republicans tried to make burning or otherwise defiling the Stars and Stripes a criminal offense (the Supreme Court found it unconstitutional, so they tried to amend the Constitution, no less), so for a moment I thought school authorities had reacted in a hugely disproportionate way (the Supreme Court grants school authorities extensive prerogatives so why not?). I had been reading about Mexico’s President Vicente Fox urging, in his times, Mexican migrants to keep Mexico’s interest at heart when they vote in the U.S., so perhaps the climate in the school was marred by ethnic tensions and the authorities would have seized the opportunity and used the power that is bestowed upon them to make an example, treating the case as sedition and canceling the kid’s study years in a snap.
After I cooled down I knew it was only about the paper document, but still to “deny” Lopez this document, like forever, would have been disproportionate.
Then I found out the document was only withheld a few daysand I think it is all set (and the school could even have asked for an apology in my opinion). I said this was a mere dress code issue and not a civil liberties issue but this is not accurate: a dress code issue may well be a civil liberties issue, as is known since Tinker v. Des Moines Independent Community School District (1969): “The First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others.”
The school authorities may have been quite lenient with Lopez because they had this Supreme Court’s decision in mind and not only because of possible diplomatic consequences or out of political correctness.
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“Not liberty, but Dominion”
« (President John Quincy Adams) continued, America “goes not abroad in search of enemies to destroy.” If America embarked upon such a course she would “involve herself beyond the power of extrication, in all the wars of interest and intrigue, of individual avarice, envy, and ambition, which assume the colors and usurp the standard of freedom.” In prophetic words, Adams added, “The fundamental maxims of her policy would insensibly change from liberty to force … She might become the dictatress of the world. She would be no longer the ruler of her own spirit.” Adams summed up America’s achievement in these words: “(Her) glory is not dominion, but liberty.” » (Claes G. Ryn, America the Virtuous, 2003)
“Not dominion, but liberty,” President Quincy Adams said. Now it seems that Americans are going to have “not liberty, but Dominion,” i.e., Dominion Voting Systems.
The very word Dominion should be abhorrent to Americans, for two reasons. 1/ In this major presidential speech from 1821 (the “not dominion, but liberty” speech) President Adams was reaffirming the tradition, set up by Washington in his farewell address, of avoiding entanglement in international relations, of avoiding it for the very sake of America’s greatness. 2/ Pursuant to the same ideal, America advocated nations’ right of self-determination in a time when the British and other European countries had world empires with dominions, allegedly “self-governing” colonies. That is to say, the word dominion runs into the idea of self-determination.
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The Faceless Against Hate
Justin Trudeau: Freedom of expression isn’t “freedom to hate.”
That’s the true state of Canadian law, where faceless bureaucrats (of whom Trudeau is but the mouthpiece) decide what is hate and what is not, and what citizens, writers, intellectuals, journalists are allowed to say.
That a few states be added to the territory over which the Union is sovereign, is long overdue. If the U.S. does not consider it seriously or keeps accepting such a sham, such a parody of democracy at its border, then the Union will not be able to maintain its freedoms for long because its sense of freedom will be eroded by the deceptive idea that a country can be mocking and trampling liberties as Canada does and still be a legitimate model of Western democracy.
Before the internet people had no idea, but I fear the internet is not going to make Canadians ask for the same freedoms as their neighbor but rather that American faceless bureaucrats will press Congress and courts to curtail American freedoms, legitimized by the Canadian example. I fear the internet is not going to make Canadians ask for the same freedoms as their neighbor, precisely because their system is locked up. People do not decide what subjects are open to debate, Canadians are not allowed to ask “freedom to hate,” that would be, as the faceless bureaucrats construe it, to stand against the state, that would be sedition.
You might say Trudeau is the face of the “faceless,” after all. As much as a conservative prime minister would. They are called faceless no matter who is “in charge” because, in a locked-up system, the people cannot look at bureaucracy as in a mirror. Their dictates are promises made to lobbies behind closed doors; and while they hardly ever show up on political platforms, yet repressive laws are piling up.
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Flag Desecration Amendments Galore
Whereas in most countries flag desecration is a criminal offense punishable with prison, the U.S. Supreme Court struck down a statute prohibiting burning and otherwise defiling the Stars and Stripes.
Therefore, since Texas v. Johnson, 1989, in order to make it a criminal offense like elsewhere U.S. lawmakers need a constitutional amendment.
« There have been several proposed Flag Desecration Amendments to the Constitution of the United States that would allow Congress to enact laws to prohibit flag desecration:
Douglas Applegate (Ohio) in 1991
Spencer Bachus (Alabama) in 2013
Steve Daines (Montana) in 2019
Robert Dornan (California) in 1991
Bill Emerson (Missouri) in 1991, 1993, 1995
Randy Cunningham (California) in 1999, 2001, 2003,
Jo Ann Emerson (Missouri) in 1997, 1999, 2001, 2003, 2005, 2007, 2009, 2011, 2013
John P. Hammerschmidt (Arkansas), 1991
Orrin Hatch (Utah) in 1995, 1998, 1999, 2001, 2003, 2005, 2011, 2013
Andrew Jacobs Jr. (Indiana) in 1995
Joseph M. McDade (Pennsylvania) in 1989, 1995, 1996
Clarence E. Miller (Ohio) in 1991
John Murtha (Pennsylvania) in 2007
Ron Paul (Texas) in 1997, but he opposed any federal prohibition of flag desecration, including his own Flag Desecration Amendment which he proposed only as a protest against proposals by his Congressional colleagues, such as Emerson and Solomon, to ban flag desecration through ordinary legislation instead of by Constitutional Amendment.
Gerald B. H. Solomon (New York) in 1991, 1993, 1995, 1997
Floyd Spence (South Carolina) in 1991
David Vitter (Louisiana) in 2009 »
(Wikipedia: Flag Desecration)
To think that lawmakers are so obstinate, they must have plenty of time to waste. But this is no surprise; as I always say, it takes independent judges tenured for life to defend free speech, whereas elected officials are always against free speech.

