Tagged: political science

Law 18: On the Individual Right to Own Nuclear Weapons

A military occupation of a foreign country allegedly “for the oil fields” means you want to convince people it is in order to pay top dollar for oil, when it would be much less expensive to just buy it.

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Vaccination in an Age of Opioid Crisis

DC AG subpoenas Facebook for data on ALL users that have spread “COVID-19 misinformation.”–Unmasking people for wrongthink. (Reclaim the Net)

“The subpoena is part of a previously undisclosed investigation into whether Facebook is violating consumer protection laws.”

The story is quite hazy. It isn’t clear to me on what legal grounds the subpoena is issued. Consumer protection? When someone opposes vaccination, he certainly is no consumer of vaccines. ‘’Consumer’’ protection for vax dealers from their market then?

That they still have the effrontery to tell people what is information and misinformation on health issues while in the middle of an opioid crisis that has claimed more than half a million lives is mind-blowing.

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In the middle of an opioid crisis that has claimed more than half a million lives† the ‘’administrative state’’ (John Marini) is in no position to tell citizens what is information and what is misinformation (for instance on vaccines).

‘’The Food and Drug Administration is responsible for protecting the public health by ensuring the safety, efficacy, and security of human and veterinary drugs, biological products, and medical devices.’’ (FDA’s Website) No, the FDA is not responsible for that since in the middle of an opioid crisis of such magnitude no accountability claim is raised against the FDA.

†« La crise des opaciés ayant fait plus d’un demi-million de morts depuis vingt ans » (Le Figaro newspaper, June 28, 2021)

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Compulsory Love: State Rape of Consciences

Supreme Court Refuses To Decide If Floral Artist Loses Her Religious Liberty At Shop Door. (The Federalist, July 2, 2021)

Soon no one will know what to expect.

“In Burton v. Wilmington Parking Authority (1961), the U.S. Supreme Court noted the ‘public aspects’ of a restaurant charged with racial discrimination, primarily attributable to the fact that it was a lessee in a publicly owned building. However, the ruling made it clear that not every lease of public property would be considered a sufficient entanglement to justify a finding of state action.” (Kennedy & Schultz, American Public Service, 2011).

This means there can be no charge of racial discrimination against restaurants that have no ‘public aspect’ about them (not in the sense of public accommodation but in the sense for example of being a lessee in a publicly owned building).

And this while “Under U.S. federal law, public accommodations must be accessible to the disabled and may not discriminate on the basis of ‘race, color, religion, or national origin’” (since the Civil Rights Acts – the case cited above predates the 1964 federal act but, as you know, a federal statute does not empty out a Supreme Court’s decision and, on the contrary, if it were argued that the federal statute runs into the decision that would mean the statute is unconstitutional.)

The case discussed by The Federalist is about derogations to anti-discrimination laws in public accommodations such as cakeshops or flower shops. Why even talk of derogations? If a restaurant with no ‘public aspect’ about it is immune from charges of discrimination under federal law, you bet a flower shop is immune from a whacky state law (unconstitutional to begin with).

The Supreme Cour of the United States (SCOTUS) declined to hear the case because, I’m sure, they know they would have to uphold the florist’s rights against Washington state’s anti-discrimination law and… they didn’t want to.

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The Court had the clear duty to protect the florist’s right because this was expected by everyone from 1/ the Court’s case law (Masterpiece Cakeshop, 2018) and 2/ the Court’s action in the present case: “The Washington Supreme Court upheld the ban, even after SCOTUS asked the state’s court to keep the landmark Masterpiece Cakeshop ruling into account.” (The Federalist) 1+2=hear the case, not dismiss it.

One responsible for the declinal and contempt of an American citizen’s freedom is Justice Amy Coney Barrett… It seems it always works: she was so vilified and demonized as an extremist during the hearings that she might become a liberal swamp creature now in everything she does as Justice, if she has freaked out.

There are enough community-friendly businesses around with the little flags, leave people alone.

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Pastor Green

As Finnish politician Päivi Räsänen is currently prosecuted for hate speech in Finland after having expressed her Christian views about homosexuality (see Law 11), let us remember a case in Finland’s neighboring Sweden, where Pentecostal Pastor Åke Green was acquitted by the Swedish Supreme Court applying Articles 9 (freedom of conscience and religion) and 10 (freedom of speech) of the European Convention on Human Rights (ECHR) against the Swedish criminal code.

For having in a sermon ‘’described ‘sexual perversions’ (referencing homosexuality) as ‘abnormal, a horrible cancerous tumor in the body of society’ [and] said that a person cannot be a Christian and a homosexual at the same time’’ (Wikipedia), Pastor Green was prosecuted for group libel (hets mot folksgrupp, ‘’incitement against a group’’) and sentenced to one month in prison. The court of appeals overturned the sentence, leading the attorney general, unsatisfied that Pastor Green could get off scot-free for expressing his views, to bring the case before the Supreme Court.

In 2005 the Supreme Court, invoking the ECHR that applies to all party states (among them Finland too), upheld Pastor Green’s right to express his views.

‘’Responding to the sentence, Sören Andersson, the president of the Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights (RFSL), said that religious freedom could never be used as a reason to persecute people.’’ (Wikipedia) This is a testimony of this person’s blatantly muddled notions since, even though there were no separation of Church and State in Sweden (there is a national Lutheran church), expressing one’s negative views about homosexuality from outside the national church and state in no way can be construed (contrived) as persecution of homosexuals, and on the contrary it was Pastor Green’s conviction for his speech that was persecution – state persecution (endorsed by RFSL) until the Supreme Court overturned the conviction.

I ask the Finnish courts regarding Päivi Räsänen to uphold Sweden’s interpretation of the ECHR and not to make an empty nutshell of the Convention.

Pastor Åke Green (left)

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On New Definitions as Hot Air

A new definition of antisemitism by the U.S. State Department is not a matter of law and can have no judicial effect on American citizens since antisemitism is nonexistent as a legal object to begin with (there is no constitutional hate speech law in the U.S. thanks to the First Amendment).

As I see it they intend the move as an international policy pressure tool: since anti-Zionism is now, by this new definition, antisemitism, they can object to anti-Zionist standpoints from other countries as antisemitic and presumably they believe it will give the American administration more self-willfulness in their unconditional (and therefore, in my opinion, unconstitutional) alignment with Israel (aligned no matter what the latter’s policies are).

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Probably mainstream media will talk a good deal about it? Governor Greg Abbott led the way by having the definition adopted already in Texas (see Law 17). I don’t know what it is in Texas, whether a statute, an executive act, or a sheet of paper signed by Abbott and flaunted to cameras. No idea, but neither this Texan nor the U.S. State Department’s definition is a normative act. They’re using their constitutional powers for non-normative activity: HOT AIR. Symbolically you might resent it, and symbolically mainstream media might make a lot of fuss about it as if it were lawmaking, but legally speaking this hot air is showing us some people at the end of their tether if anything.

(“At the end of their tether” means that if the hot air becomes too visibly pathetic they are going to resort to illegality in broad daylight.)

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To be sure, antisemitism might be considered a legal object through the dubious category of hate crime (a crime against an individual is thought more egregious when the alleged motivation is hate towards a group). I call the category dubious but so far it has not been declared unconstitutional, so I make the present qualification. However, this does not change one jot to what I wrote, as neither the State Department nor Abbott’s definition binds courts, which will continue to use their own sovereign definitions.

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Given that the new administration’s barefaced hostility to the First Amendment can only lead to their blowing hot air and never to legitimate lawmaking, the greatest threat of illegal violence at this juncture in the USA is poised against law-abiding dissenters. There is something pathetic about blowing hot air which cannot escape them (the administration, the government) long.

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On the Individual Right to Own Nuclear Weapons

‘’If you wanted to take on the governement, you need F-15s and maybe some nuclear weapons.’’ (Joe Biden)

Defenders of the Second Amendment have memed about the F-15s, with pictures of jet planes displayed on private lawns and such like.

The Second Amendment, I argue, allows one to own nuclear weapons.

Here’s the story: ‘’The only instance where a court has permitted the prior restraint of a newspaper was in United States v. Progressive, Inc., 467 F. Supp. 990 (W.D. Wis. 1979), where a federal court enjoined a magazine from publishing the directions on how to make a hydrogen bomb. The government feared that publishing the recipe for the bomb would threaten the United States. Eventually a federal court of appeals decision lifted the injunction on publication of the directions and the Progressive Magazine published the hydrogen bomb recipe in an article.’’ (Encyclopedia of American Law, Schultz ed., 2002: prior restraint)

The recipe for the H bomb was published in a magazine around 1979 (after the restraint on publication was lifted by a court of appeals). The prior restraint was lifted because the court of appeals did not agree with the government that publishing the recipe would threaten the United States. Therefore, as publishing the recipe for a nuclear weapon is not a threat such as prior restraint would be warranted, similarly owning a nuclear weapon is not, since publishing is only a step to making and owning the weapon and not an end in itself. As a consequence, any statute prohibiting the making and owning of nuclear weapons violates the Constitution.

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Health Official [Nova Scotia, Canada]: Banning Public Gatherings Stops “Misinformation” Spread.

Every piece of information about Canada should appear with a mandatory warning: ‘’Canada.’’ You can’t go on freaking people out like this.

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Libel Law and Political Cartel

Justices Thomas and Gorsuch call for a revisiting of 1964 case that prevented public figures suing for defamation. (Reclaim the Net)

Well, public figures are not “prevented” from suing, only they must show actual malice when the statements are untrue, that is, the onus of the proof is on them. – Let these two (Justices) have their way and soon you’ll have nothing to envy to beloved Canada.

Of course public figures can sue, only claimants have to demonstrate defendants’ actual malice and this is what Justices Gorsuch and Thomas disagree with. They want politicians to be censors through gag trials as politicians do in other countries like Canada.

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Reclaim the Net wrote a rather supportive paper on Justices Thomas and Gorsuch’s opinion that libel law should be changed regarding public officials (read: politicians), that is, that NYT v. Sullivan should be reversed. Therefore they endorsed a view contrary to free speech, they defend politicians’ so-called personality rights against free speech, supporting the two Justices’ view that the line should be drawn as it is in Canada, for instance, which is to pave the way to a political class forming a protected political cartel.

This, in my opinion, betrays Reclaim the Net’s conservative militancy, that is, their alignment with party politics. As it is observed that the media environment is biased towards the Democratic party and against the Republican party, the two Justices think that to align libel law with all other western democracies’ practice (with their political cartels) will allow Republican politicians to respond to smear campaigns (as if such campaigns were really detrimental to them, to begin with, rather than the opposite).

To make a long story short: this will Canadize (Canada-ize) the USA. (But as I said already time and again hostility to free speech is universal among professional politicians: this statement is my contribution to political SCIENCE.)

(One more thing: When you will have Canadize USA through libel law, it will only be a matter a time before USA adopts hate speech laws Canada-wise and alternative social platforms will be no more.)

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Irrevocable Laws

Canada marching towards tyranny as move to criminalize dissenting speech moves closer to reality. (Natural News)

Hate speech is already a crime in Canada and has been for decades. Therefore Canada is not “moving to criminalize dissenting speech,” as if it did not exist already in the country.

“The proposed legislation by the Justice Department of Canada would tamp down on hate speech by adding language to the Canadian Human Rights Act and Canadian criminal code to try to clarify the definition of hate speech.”

We’re talking of a mere “clarification” of the definition of hate speech. – Opponents to this “clarification” are not opposed to hate speech legislation, quite the contrary: “This bill will not target hate speech – just ensure bureaucrats in Ottawa are bogged down with frivolous complaints about tweets,” Rob Moore, the Conservative Party’s Shadow Minister for Justice and Attorney General of Canada, noted.” Canadian conservative opposition feels the clarification of the definition of hate speech will not target hate speech and therefore it is bad. For them criminalization of hate speech is GOOD. And they’re the opposition!

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Two ‘’Western Democracies’’ Worlds Apart

Tennessee mayor powerless to remove ‘vile’ anti-Biden flag.

The flag, which says, “(expletive) Biden and (expletive) you for voting for him,” was propped up at least a month ago at a home in Munford.

Mayor Dwayne Cole said the city attorney looked into the matter and, despite the wave of complaints, determined that the homeowner is within his rights to fly the flag. (Washington Examiner, July 4, 2021)

Compare:

Une jeune femme interpellée à Toulouse pour une banderole “Macronavirus” dans son jardin. La police l’a placée en garde à vue pour « outrage », avant de la relâcher, indique son avocate. Mediapart fait état de plusieurs interventions policières en France pour des affaires de ce genre.

Les résidents ont obtempéré à la demande de décrochage, mais les policiers sont revenus le lendemain remettre une convocation à l’une d’entre eux. (Sud Ouest, April 24, 2020)

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‘’If violent crime is to be curbed, it is only the intended victim who can do it. The felon does not fear the police, and he fears neither the judge nor jury. Therefore, what he must be taught to fear is his victim.’’ (Lt. Col. Jeff Cooper USMC [United States Marine Corps])

« Réduire la criminalité, seule la victime potentielle peut le faire. Le criminel n’a pas peur de la police, du juge ni d’un jury. Aussi, ce dont il doit apprendre à avoir peur, c’est de sa victime. » (Lieut. col. Jeff Cooper [1920-2006])

Tout le reste est État policier.

Law 12: The Lunar Breeze Effect Flag

The Lunar Breeze Effect Flag

For full understanding of the following, read section The Latest on Wikipedia’s Moon Landing Hoax Debunking in Law 10.

“Neil, it’s cool you went on the Moon but… a good artistic picture is what matters.”

“One that ties the room together.”

So you take the French Wikipedia version for granted. Yet the English Wikipedia version is different: “The flag was rippled because it had been folded during storage – the ripples could be mistaken for movement in a still photo.” Here there is no word about an intention to tie the room together, the ripples are accidental, they are folds due to storage which turn out to make the flag look as if it were fluttering in the wind.

As if the authors of the English Wikipedia page dared not confess what my interlocutor endorses wholeheartedly. As if, namely, they doubted it was judicious to fake a flag fluttering in the wind in a picture shot on the moon. As if they dared not confess it because of the issue involved in taking people for idiots.

NASA Picture With Lunar Breeze Effect Flag
Chinese Flag Without Breeze Effect (Source: BBC Dec 4, 2020 “China becomes second nation to plant flag on the Moon”)

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Crack Hills Have Eyes 2

See Law 11.

Politicians make laws (lawmaker=the legislative power) and they also enforce laws as executive power (from which police take their orders).

What my post denounced about Crack Hill is that politicians qua executive power do not enforce the law politicians vote qua legislative power. That is, as taking crack is a criminal offence, politicians qua executive are taking a very light view of the law when they enforce it by distributing pipes and paying hotel rooms to criminals. If this is their idea of the issue, then they must take the initiative of a legislative debate to repeal the law and decriminalize crack consumption, and stop telling people they enforce the law by ignoring it.

This is a huge problem, because when executive officials do not want to enforce the law, they don’t bother to have it repealed, they just instruct the services (police etc) to ignore it, or to do as they please.

A crackhead in France may live in a free hotel room with new pipes every Thursday or behind bars, it all depends on the police’s mood. There’s no rule of law anymore.

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Government protectionism of the black market.

Yes, government and police protectionism of the black market, since without police forces the government could do nothing, so the police are always responsible (if only by abiding) whereas one may imagine cases where only police are responsible while the executive authorities know nothing of what is going on.

Now, as my interlocutor compared enforcement of Eighteenth Amendment and the Volstead Act (Prohibition) with the contemporary war on drugs, let me add the following. The same politicians who in France are implementing the briliant crack plan I have just been talking of, eschewing enforcement of national drug laws, are eager to point at the figures of prison inmates in the U.S. (highest rate of prison inmates per inhabitant in the world, so they say) as a reason why they ought not to follow the same path. In several other, perhaps most European countries, we hear the same discourse.

But these fellows dare not repeal their own national drug laws, and the result of this slighting of the law is that these countries are not rule of law countries anymore. The prison inmates figures are the price the United States are paying for upholding the rule of law. God Bless America. In Europe they are leaving everything at the discretion of the bureaucracy. Whether one will be punished for consuming drugs depends not on the law (which still says they must be punished) but on how they were perceived at some point by some guy in the bureaucracy, some cop, who will have them prosecuted in spite of the unwritten rule of bureaucracy saying that those poor devils should be left alone.

The poor devil who did not please the cop will be prosecuted, a judge will hear him and, say we are in France, a country of written law, the judge, although he has heard of the bureaucratic rule, will open the legal code at the page where the article laying down the penalties for consuming drugs is, and he will condemn the poor devil. (Compared to the functionarial nonentity that a French judge is, American judges are intellectuals.)

This is what European politicians are so proud of – the fact that no one knows what to expect. They revel in a world of arbitrariness.

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Biden supports suppressing online “misinformation,” press secretary says.

Was it on his electoral platform or does he just add it now as an extra?

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Justin Trudeau dismisses critics of internet censorship bill as “tin foil hats.”

The same guy explained that derogatory speech is the same as shouting fire in a crowded theater – the classic example in SCOTUS (Supreme Court of the United States) case law that would serve to send his bill to the garbage can.

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“Free speech” lawyer argues “lying” should be an impeachable offense.

The levels of nincompoopery in academia (“law professor at George Washington University”) are staggering. To think that these fellows are comfortable talking about truth and lies as they do… they really have got no clue. Let me take an example. Husband and wife want to divorce because it turns out they don’t see things the same way. One issue to settle is who will keep the kids. Why is it an issue? Because husband and wife both want to raise the kids according to his or her own views and ideas, according to how he or she sees things. Will you ask a law professor at George Washington University to tell the judge whose ideas are truths and whose are untruths, calling the latter lies, before taking a decision? Nonsense. If an amicus curiae talked like that (within an acceptable margin in the frame of the society – as expressing some ideas, like belief in witchcraft or alien abductions, would probably be detrimental in the case to the party expressing these ideas) he would be dismissed at once, as trying to impose his or her own set of preconceived ideas.

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What I wrote may sound confusing, at least for two kinds of people in America. Some will remember that experts in American courts are experts of the parties, who try to sustain their party’s position, whereas I seem to be talking of experts of the courts, which exist in civil law (as opposed to common law) countries, experts who had rather remain as neutral as possible in order not to fall into disrepute.

Others will remember that in America jury trial is the rule in civil trials and I seem to omit the fact completely. In fact, divorce trials by jury are rare even in the U.S.:

« Only a few states allow for any type of jury trial in a divorce case.  Even then, those states limit the issues that can go before a jury. For example, Texas, which has the most liberal rules concerning jury trials in divorce cases, is the only state that allows juries to decide which parent gets custody of the children and where the children will live. » (rightlawyers.com)

Unless most divorces occur in Texas, the majority of divorced American parents must abide by a decision on who is to keep the children which was not taken by a jury.

Still, my point was, if an expert smugly told the judge, like some professor of George Washington University, that the kids cannot be in custody of the father, for instance, because he voted for Trump and Trump is a liar so you cannot rely on such a one to take care of kids, she would be laughed at or I do not know my judge. Yet she writes books like that, which tells you what a tyrant she must be in her classroom even if people shrug shoulders at her in most other circumstances.

Now, judges are probably more of an official’s profile than the majority of people, so the fact that divorce trials are not decided by juries is also more likely to be detrimental to parents who hold certain ideas, even not so fringe as belief in alien abductions. I should think a parent known to be a Gab user, for instance, is likely to lose his kids in a divorce court when a divorce is filed. Correct me if I’m wrong.

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UK government accused of promoting a “nanny state” with proposed online ban on high calorie food ads.

Is commercial speech speech or rather the polluting of speech? Commercial speech wasn’t protected in the US before the 1970s (Virginia State Pharmacy Board v. Virginia Citizens Consumer Council, 1976). This is the kind of view that makes authoritarian regimes comfortable with their speech suppression systems, as they can say to their people: See, we’re protecting you and your free thinking from the relentless, nauseating pushing by unthinking business whose sole aim is profit.

In any case, while the US Supreme Court has found that commercial speech is speech, it does not grant it the same level of protection as non-commercial speech, so the UK policy here described could be implemented in the states too within the law.

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Bonkers About Lèse-Majesté

Prince Harry complains about online “misinformation” calls First Amendment “bonkers.”

Prince Harry: “I’ve got so much I want to say about the First Amendment; I still don’t understand it, but it is bonkers.” No surprise: “In 2013, the Ministry of Justice admitted that the Treason Felony Act 1848 had accidentally been ditched. The 165-year-old law threatens anyone calling for the abolition of the monarchy with life imprisonment.” (The Sun, Oct 20, 2016)

Information about lese-majeste legislation in UK is deceptive: As the headline from The Sun shows, they make all sorts of claims, so much so that nobody can know what the legal situation is. (Call that the rule of law?)

On Wikipedia page Lèse-majesté, for UK they write: “The Treason Felony Act of 1848 makes it an offence to advocate for the abolition of the monarchy. Such advocation is punishable by up to life imprisonment under the Act. Though still in the statute book, the law is no longer enforced.” Yet the source for that is a Dec 2013 paper by The Guardian, “Calling for abolition of monarchy is still illegal, UK justice ministry admits,” with subtitle “Department wrongly announced that section of law threatening people with life imprisonment had been repealed.”

The government spreads misinformation on the issue. That the law be no longer enforced does not mean it will not be enforced in case someone violates it; only, without proof to the contrat, that nobody dares speak freely on the issue! Except, probably, ‘accredited’ cartoonists trained in the art of sycophancy under the guise of joking, i.e., court jesters.

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As Harry has in his native country a history of blundering (google “Harry the Nazi”), it is relevant to stress that his calling American First Amendment “bonkers” is not one more blunder according to British royalty’s etiquette but on the contrary full compliance with it. The extraordinary sequence of the British government claiming lese-majeste laws void and then retracting, claiming to have repealed them and then denying, is the (one may say comical) confirmation that, deep within, these people see no wrong in punishing speech with life imprisonment. The appalling statute, worse than the classic example of Thai monarchy (where offensive speech about the King is punishable with a maximum of 15 years’ imprisonment, compared to 3 years for the Sultan of Brunei) and whose status is at best uncertain, that is, of which nobody can say it is no longer part of British law because British lawmakers won’t make such a declaration without denying it at once, is among other things what shapes Prince Harry’s animus.

Now, that “Department wrongly announced” the repeal of the lese-majeste law is big lese-majeste, if you ask me, and should be punished with hanging. Because if they have not hanged people there for a while it must be due to some misunderstanding.

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None of Your Business

The US will join the “Christchurch Call” to eliminate extremist content online. (May 2021)

“New Zealand man jailed for 21 months for sharing Christchurch shooting video.” (BBC News, June 2019)

Making it a crime to share this video amounts to claiming that the government must be the only source of truth. The only source of truth will be at the same time the agency that restricts access to evidence.

Under a constitutional regime the government can make no claim to be an authority as to what the truth is. Hence, by restricting access to evidence it overrides its constitutional function and mocks constitutional liberties.

Here is how the government proceeds. You learn what happened in Christchurch and then the government tells you that, given what happened in Christchurch, they are going to carry out a set of policies that will curtail your fundamental liberties for the sake of peace and order. Then, when one citizen says “Okay, so let’s see what happened in Christchurch” and makes the video of the shooting available online, he’s punished with 21 months imprisonment for inciting violence (or whatever fallacy they used).

Thus, what happened in Christchurch is none of your business even though based on this particular event you are going to lose big in terms of freedom, or more simply you are going to lose your freedom. – What happened in Christchurch is the governement’s business and you have no right to ask for evidence. “The only source of truth will be at the same time the agency that restricts access to evidence.”

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Axiom

Independent judges versus employees of the king. In the common law tradition, judges are fully independent. In the civil law tradition, judges are no more than employees of the king. They are strictly monitored by higher courts, which are in turn monitored in a remarkable extent by the central government.” (Gerrit De Geest, American Law: A Comparative Primer, 2020)

It should be stressed that this describes, as far as the civil law tradition is concerned, police states, because the state is entirely absorbed in the government. The axiom is therefore that civil law countries are police states.

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“the French, with their centuries-long tradition of presenting case law as pure interpretations of codified law.” (De Geest, 2020, p. 64)

Granting it is true of the judicial judge, it is not so with the administrative judge, which has originated much of the administrative law in France, whole parts of which are judge-made (« droit d’origine jurisprudentielle »). – The political cartel is fond of leaving to the judge all lawmaking that crushes individuals under the boot of the police state.

De Geest is excusable, however, from a common law viewpoint, for overlooking that the administrative judge is a judge at all: “Believe it or not, the Conseil d’État, that is, the French supreme court for administrative law, belongs to the executive branch, not the judicial branch!” p. 86)

It’s not about believing and joking but about what common law countries do to bring police states to reason.

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“A plea bargain in a criminal case is the equivalent of a settlement in a civil case.” (Gerrit De Geest, American Law: A Comparative Primer, 2020, p. 70)

No. Plea bargaining is a modality of prosecution, not its eschewing. It has nothing to do with the debate on compulsory prosecution vs. principle of opportunity, and by the way De Geest wrongly associates compulsory prosecution with the civil law tradition; in major civil law countries such as France, Germany, the Netherlands, Sweden, the principle of opportunity obtains.