Tagged: prior restraint

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. Give me a break.

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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 what is misinformation on health issues while in the middle of an opioid crisis that has claimed more than half a million lives is mind-blowing.

ii

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.

ii

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 would be Pastor Green’s conviction for his speech that would be persecution – and actually was 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-wilfulness in their unconditional (and therefore, in my opinion, unconstitutional) alignment with Israel (aligned no matter what the latter’s policies are).

ii

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 white dissenters. There is something pathetic about blowing hot air which cannot escape them (the administration, the government) long.

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New York Will Allow People to Sue Gun Manufacturers for Violence.

People are already allowed to sue and courts are and will continue to be allowed to dismiss such claims as groundless. Another example of hot air.

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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 considérée 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.

Lessons in Law 5

Dec 2020. EN-FR

The argument against censorship is clear: no person should dictate our tastes, ideas, or beliefs. No official has the right to say what is trash or what has value.” – Justice William O. Douglas

It’s more than just an argument against censorship in the sense of prior restraint:

It is impossible to concede that by the words ‘freedom of the press’ the framers of the amendment intended to adopt merely the narrow view then reflected by the law of England that such freedom consisted only in immunity from previous censorship.” – Justice George Sutherland

In about all Western countries previous censorship, i.e. prior restraint, is past, but the amount of public prosecutions for speech is appalling in about all Western countries but the USA. In those countries it’s still the “narrow view then reflected by the law of England.

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Invasive Moderation (Part II)

Read Part I here.

I

Seriously why do these people think nobody has successfully sued Twitter for First Amendment violations? ([A Twitter user named] The First Amendment)

Perhaps because people such as TFA, the Twitter user here quoted, spread the erroneous notion that Twitter can’t be sued for their moderation. But if such a suit can’t be a First Amendment issue as they claim, make no mistake it will be a free speech issue nonetheless and you’ll see it happen: The First Amendment vs Free Speech.

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The First Amendment suit to come:

1/ The First Amendment’s aim is to maintain a free “marketplace of ideas” (the first occurrence of the phrase was in Justice Holmes’s dissent on Abrams v. United States 1919);

2/ Trusts must be combated on that marketplace too, and “preferred freedoms doctrine” gives “greater protection to civil liberties than to economic interests.”

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What cause of action do you think exists against Twitter for moderating content, putting notices on tweets, or restricting the ability to like or retweet certain tweets? (The First Amendment)

The cause is invasion upon others’ rights.

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. I claim a staff of lunatics would do a less prejucided and prejudicial job than many a platform. They are an impediment to the free marketplace of ideas.

What rights? (The First Amendment)

a/ A notice on tweets could well be libel for ought I know, depending on the notice, but even a removal could have the same effect as to the person’s reputation. You tell me what rights libel laws protect.

One lawyer TFA has RTed said: Platforms’ moderation is by the First Amendment. I agree platforms must not be liable for users’ content but I disagree they must not be liable for moderation. Moderation is speech and not all speech is protected; moderation can be unprotected speech. A State of the Union address isn’t supposed to be libelous either but as a POTUS (President of the United States) once tweeted to advertize a certain pizza parlor we may see a future POTUS disparaging a burger parlor in his State of the Union address and that could be judged libelous by a court of law.

The worst scenario is platforms protected from liability both for users’ content and for their moderation – basically the current state of affairs.

b/ What rights? The same rights as here : “The conscious decision by an airline to deny a passenger a ticket for no good reason might justify the award of punitive damages.” (Encyclopedia of American Law, 2002, D. Schultz ed.: Punitive Damages)

Similarly the decision by a social media to deny a user speech for no good reason might justify the award of punitive damages. How could it be a good reason for a business set up with the corporate purpose of offering people a platform for speech, that it disagrees with what someone said?

II

i-a

I prevent Senator Ted Cruz (and the rest of Congress) from punishing private companies based on the content of the speech they allow or disallow on their websites. Companies have the First Amendment right to determine what speech is conveyed on their websites. (The First Amendment)

Take that statute: “In California, you [a business] also can’t discriminate based on someone’s unconventional dress.” This California statute goes beyond the Civil Rights Act’s protected classes. It’s still in vigor as of Sep 3, 2020. Dress, like an armband in the famous precedent, is speech, so in fact Cal companies don’t “have the First Amendment right to determine what speech is conveyed” on their premises already.

Besides, “The conscious decision by an airline to deny a passenger a ticket for no good reason might justify the award of punitive damages.” (See above for source and brief discussion.)

i-b

No, YouTube is not “violating Section 230” by deleting videos that question election results. YouTube could say that it won’t allow any uploads by professors named Jeff, and that wouldn’t “violate Section 230.” (It would, of course, be terribly short-sighted). (Asst. Prof J. Kosseff)

Short-sighted indeed: “The conscious decision by an airline to deny a passenger a ticket for no good reason might justify the award of punitive damages.” Perhaps it wouldn’t violate Section 230 but I wouldn’t advise it all the same.

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The SCOTUS (Supreme Court of the United States) has stressed time and again that the First Amendment ensures the free flow of information and ideas. If private actors turn out an impediment to that free flow, I rest assured the Court will uphold “antitrust” statutes that combat the problem.

No. The First Amendment applies to state actors. To hold otherwise would require SCOTUS to reverse longstanding First Amendment doctrine. (TFA)

TFA’s is a quite correct inference from the First Amendment and yet it is also misleading, because a balancing must be made with another inference which is the free flow of ideas, and the result must depend on how these conflicting yet both necessary inferences are weighed against each other. There’s no doubt in my mind that the free flow of information and ideas will prevail, as common law never has construed private property as a source of entirely discretionary power.

As to the doctrine TFA stresses, it is right insofar as the two inferences were not conflicting in the past and it is only since recently that they have been.

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Des goûts et des couleurs

Le débat sur les « valeurs » communes a eu lieu il y a plus de 75 ans aux États-Unis, et ce pays libre a évidemment tranché dans un sens contraire à la majorité française actuelle avec sa loi contre le séparatisme :

While acknowledging that fostering national unity or shared values was important, the Court rejected the claim that it could force people to share or adopt values” Commentaire à l’arrêt West Virginia State Board of Education v. Barnett (1943).

Aussi, quand on dit que le projet de loi contre le séparatisme est fait pour que nous restions un pays libre, c’est évidemment le contraire de la vérité : ce projet de loi est fait pour que la France reste un pays non libre.

Le contraire de rester un pays libre est en effet de rester un pays non libre, et non pas être un pays libre qui devient un pays non libre. Les Français ne savent pas ce qu’est la liberté et ne savent pas non plus qu’ils ne le savent pas.

Il y a devant nous plusieurs façons de rester un pays non libre : ou bien adopter la loi de sécurité globale puis la loi sur le séparatisme, ou bien ne pas les adopter, ou bien adopter l’une et pas l’autre et alors laquelle. C’est vrai qu’on a l’embarras du choix.

Quand l’État chinois a mis en place la reconnaissance faciale à tous les coins de rue, les commentateurs français n’ont pas fait des articles sur le thème : « Les Chinois perdent leurs libertés. » En effet, les commentateurs français ne sont tout de même pas demeurés au point de supposer des libertés aux Chinois de Chine maoïste avant la reconnaissance faciale et le système de crédit social. Ils voient bien de loin mais pas de près, je ne sais plus comment ça s’appelle.

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A Country Where Pornography Isn’t Obscene?

Given that “obscenity is not protected under First Amendment rights to free speech,” it is puzzling that U.S. law doesn’t affirm at the same time a presumption against the whole pornographic industry.

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That in American law obscenity is not protected by the First Amendment and yet most pornography is, is beyond my understanding. I honestly fail to see how the bulk of porn videos and pictures can pass the “redeeming value” test set up by the courts as I’m told they do.

So maybe scholars are wrong and it simply isn’t true that “pornographic materials are protected by the First Amendment” as far as as the bulk of them is concerned, and that so long as porn is cordoned off, “redlight-districted,” so to speak, authorities don’t prosecute.

That would be law enforcement discretion, choosing not to prosecute obscenity when it is cordoned off. The reason we would fail to see it this way is that such an extensive use of discretion is rather at odds with our sense of what the rule of law ought to be.

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Judicial Singlism

Single defendants are more likely to be convicted and more harshly by a court of law. I think I read it in an American law encyclopedia but forgot to mark the passage.

Anyway, the first thing a criminal judge asks defendants is their marital status and whether they have kids.

Given that “the first thing a criminal judge asks defendants is their marital status and whether they have kids” and what I have read about judicial discrimination against singles, all convicted singles can appeal convictions on the ground of singlism.

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The First Amendment Protection
of Speech and Assembly Which Advocate Violence

Otherwise, the First and Fourteenth Amendments protect even speech and assembly which advocate violence.” (Encyclopedia of American Law, D. Schultz ed: Brandenburg v. Ohio)

“Otherwise” = when speech is not intended to produce “imminent lawless action”(1) and not “likely to produce such action”(2).

The use of the negative form here (by me) is confusing. The decision poses (1) and (2) as compounded, not alternate conditions: there must be both the intent to produce imminent lawless action and, independent of the intent, an actual likelihood as to result. If one of the two conditions is missing, speech is protected.

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Depuis la chute du Rideau de fer, l’Union européenne est le dernier régime stalinien au monde.

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Un magistrat soumis au devoir de réserve, tu te demandes ce qu’il fait en dehors de la salle, s’il vient d’un meeting politique, d’une réunion d’association, d’écrire pour un journal, de publier un livre… Non, tu te dis qu’il sort d’un cercueil dans sa robe noire et qu’il y retourne.

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Un bon avocat ne gagne pas forcément plus d’affaires qu’un mauvais, car il faut aussi que le juge soit bon.

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Le meilleur des mondes meilleurs

Ce pays n’a pas d’autre nom pour le droit relatif à la liberté d’expression que « droit de la presse ». La presse que l’administration arrose de subventions. Comme c’est commode. Le meilleur des mondes.

C’était le meilleur des mondes… avant internet. L’État français fait aujourd’hui ce qu’il faut pour maintenir sa doctrine compte tenu d’internet : loi Avia, loi de sécurité globale, loi contre le séparatisme… Dire que l’État français devient autoritaire, c’est ne pas comprendre l’évolution. En effet, ce n’est pas parce qu’il adopte ces lois que l’État français devient autoritaire mais c’est parce qu’il est autoritaire qu’il adopte ces lois. Parce qu’il est autoritaire et qu’il entend le rester malgré internet.

S’agissant du droit de manifester, tant que les Français manifestaient encadrés par des syndicats subventionnés (les cotisations représentent moins de 30 % du financement des syndicats), ils croyaient à la liberté de manifester. Depuis qu’ils veulent se passer des syndicats, ils trouvent que l’État leur met des bâtons dans les roues.

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La justice pour mineurs suit un principe d’atténuation de la peine. C’est pourquoi un garde des sceaux parlera d’autant plus fortement des droits des victimes dans la justice des mineurs que le principe qui sous-tend cette dernière s’y oppose.

Dans la justice des mineurs, la peine est atténuée par principe mais, pour la victime, l’acte est ce qu’il est, les dommages sont ce qu’ils sont, peut-être même plus violents que si le coupable avait été adulte car « On n’est pas sérieux quand on a dix-sept ans »…

Et c’est pourquoi le grand sujet, dans la justice des mineurs, le grand sujet défendu avec ardeur par les ministres successifs, ce sont les droits des victimes – qui ne peuvent avoir en justice des mineurs et tant qu’elle existera qu’une place au rabais.

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Criminal penalties are illegal as they are grounded on the hubristic notion that the society is owned by its representatives, namely, at the date of the notion’s emergence, the king. Criminal law and criminal penalties are the artefact by which kings dispossessed traditional justices.

The consequence is that the judicial system is clueless about how to integrate “victim’s rights” => “victim justice, or what is often referred to as parallel justice“! It’s no integration at all but parallelization.

When you’ve got parallel justices but no double jeopardy doctrine, then you do the defendants an injustice. (To have parallel lines you need at least two lines, even in case they overlap.)

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A Chronology of Desegregation in the USA
Cut-ups from the Encyclopedia of American Law

(Read sections Brown v. Board of Education & Desegregation and One Bused Nation from Lesson 4 here.)

As late as 1992 the state of Mississippi was before the Court because it was continuing to maintain a dual university system (United States v. Fordice) (about 40 years after Brown v. Board of Education).

In 1991 the Supreme Court ruled that once a school district eliminated “the vestiges of prior discrimination,” it no longer had to maintain racial balances. Oklahoma City Board of Education v. Dowell (1991)

In September 1999 a judge of the district court involved in Swann v. Charlotte-Mecklemburg Board of Education (1971) found that the Charlotte-Mecklemburg School District had eliminated all traces of intentional racial discrimination and so ordered it to stop its massive busing program.

Finally, a counterpart to de jure segregation is de facto segregation, which refers to division of races based on residential patterns. De facto is not mandated by the state or required under law. Instead it is a voluntary form of segregation. De facto has been recognized by the Supreme Court, which ruled that because it was based on private action it did not allow for a judicial remedy. In the case of Milliken v. Bradley (1974) the Court ruled that de facto segregation in residential patterns could not be remedied by forced busing of students from suburban schools to urban schools.

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Coroner-Elect

In the USA coroners are elected officials in a majority of states (“More than 80 percent of U.S. coroners are elected“). In 2016 the Progressives of ThinkProgress published a paper “Why do we still elect coroners?” which conclusion –no surprise from Stalinians– is to stop electing them.

They give the example of one coroner in whose reports “suspicious deaths in police custody were simply accidents or natural causes.” What those Stalinians don’t tell you is that in countries where coroners aren’t elected, they ALL declare such suspicious deaths as natural.

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The First Amendment Protection of Book Burning

Books won’t stay banned. They won’t burn. Ideas won’t go to jail. In the long run of history, the censor and the inquisitor have always lost. The only sure weapon against bad ideas is better ideas. ” – Alfred Whitney Griswold

“They won’t burn”? Book burning is protected speech.

Picture: Comic books burning in Spencer W.Va. [West Virginia], 1948 (AP Photo via mtsu.edu Middle Tennessee State University’s First Amendment Encyclopedia)

COMIC BOOKS BURNING

Of course Griswold meant “books won’t burn as a result of state action.” However, I’m sure some people would cry foul state-sponsorship if a GOP local section carried out book burnings while the governor or POTUS is a Republican, for instance. Book burning is free speech.

“Books won’t burn as a result of state action without judicial redress” isn’t the same as “books won’t burn,” to begin with. People have the constitutional right to burn books. The ambiguity of Griswold (or is it GRIMswold?)’s words is unescapable. “Books won’t burn” has a smell of “You won’t burn books,” a threat at people who would exercize their First Amendment right to burn books in public in protest against those books spreading like morbid germs.