Tonight, I read about the First Amendment, especially freedom of speech and freedom of assembly. I read the per curium opinion in Brandenburg v. Ohio. I read the concurrence by Black and Douglas. I read the Memorandum of Opinion of the judge who, over the objection of the city, granted the permit of the white … Continue reading White privilege and free speech, or “The Brandenburg test is sturdy for a theater….when a man falsely cries FIRE! in a crowded theater, his speech is not protected. Are there no blacks in this theater? Are there no Jews?”
I was part of the Housing Group at the Rochester Anti-Poverty Initiative’s planning session last year. We recommended support for a law protecting residents in the City of Rochester against unfairness in housing based on “source of income.” (So, advertisements that say, “No Section 8 NEED apply” would be prohibited. I was very glad to … Continue reading Wealth-based discrimination: there ought to be a law
#DailyDemocracy This is a Brief of Whitney v. California, a 1925 case about the Free Speech of a Communist, Charlotte Whitney. In later cases before the Supreme Court, the right of free speech would be strengthened more than the “imminent lawless action” test used on Charlotte Whitney Here, the mere idea that Charlotte Whitney’s speech … Continue reading Free speech and democracy
I have focused on the sexism, racism, homophobia, and xenophobia that is deeply and expressly embedded in Trump’s rhetoric, and the bias he tuned into, in many supporters, to become elected. This morning I have read the wise words of Michael Lerner, a rabbi, who I’ll paraphrase this way: The Trump supporters really are disgusted, … Continue reading Trump and the Death of Democracy
If you click on the picture, you should be able to enlarge it and scroll through the data collected. The table shows when judges in the 7th judicial department are up for re-election (Monroe County and surrounding area, Rochester NY proper included). I made a note of relevant information about each. At the top of … Continue reading Judges in Monroe County, New York (7th Judicial District)
Terry stops Terry v. Ohio 392 US 1 (1968) Police can briefly detain if reasonable suspicion that suspect is involved in criminal activity Pat downs A limited search of outer garments (pat down) is permissible if police have a reasonable and articulable suspicion that suspect is armed and dangerous. Standard of proof: totality of the … Continue reading Know Your Rights 101
Palko v Connecticut and Adamson v California set out some of the first contours of the apparently simple phrase “Due Process.” This essay will explain each case. It will then summarize many of the Constitutional rights the Fourteenth Amendment’s “Due Process” clause encompasses today. Palko v Connecticut Facts: Palko was indicted for murder and a … Continue reading What Exactly is Due Process?