They Are All Up In Your Constitution, Winning Your Rights

Careful reader of this blog may remember that I consider the greatest legal genius in history to be Charles Hamilton Houston. If you don’t know who he is, well, read a book because a blog post alone won’t do it. Okay, fine. I’ll give you a bit to get started.

This is the one person more responsible than any for Brown v Board of Education (Topeka, Kansas) and the success of legal efforts to end segregation everywhere in the US. This is the one person who had not merely the legal success to argue and win that case before SCOTUS (he didn’t, as he had recently died: that was his little-known protege, Thurgood Marshall), but rather the nearly incomprehensible foresight necessary to plan literally decades ahead.

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Pi = 3.2 says committee that is surely not at all drunk

Right, so. Many people here will have heard about Indiana’s attempt to legislate the value of pi. This was quite a long time ago, mind, but it’s still funny. I was just reminded of this by the delightful Pharyngula commenter Jaws. It inspired me to re-read an article from a couple years ago – before I started this blog. The story about the legislation is funnier than I remembered it.

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“Not as bad as Alabama” is hardly the same thing as “good.”

So, for amusement I will periodically go catch up with my reading on the US-centric but still wildly funny law blog, “Lowering the Bar”. Recently they have been covering the case of a Judge in Texas who, because of a rarely-remembered but still operant clause in the Texas state constitution, had the misfortune of accidentally resigning the judgeship he won in an election only three months before.

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Follow up to the Punisher cops: Logo Lawyer is Troubled

And FREEZE PEACH activists, for that matter.

One of the things that struck me the hardest in that story, at least after excluding the revelation that cops had actually placed punisher logos on their patrol cars anywhere, ever, much less huge logos covering nearly the entirely of the hoods, was the DeepThoughtsing™ of batshit dingleberry Roy Gutterman, head of the Syracuse Tully Center for Free Speech.

What did this “expert on communications law and the First Amendment” have to say that could help us appreciate precisely what had happened in Catlettsburg, Kentucky?

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When You Let George Zimmerman Get Away With Murder …

Apparently two white supremacists shot bullets, at least two shots, at two bi-racial siblings (16 yo and 12 yo) who were walking on a footpath that is property of a local church and intended and maintained for public use. The evil white supremacists arrested for those shots are James Reidnauer and Brent van Besien. They don’t claim that the fired no shots, but they do insist that they fired the shots because the children were “meth heads”.

There’s little mystery about their future defense: they can claim erratic behavior on the part of the children that scared them, then invoke stand your ground. We know that Zimmerman claimed he thought Martin might have been high. We know that Zimmerman, despite being a violent, horrible jerkface ended up being found not guilty at trial. Why should the white supremacists neglect a winning strategy?

This. This is the evil that your government encourages when it passes a stand your ground law. Every single such law should be opposed in every single jurisdiction that has passed or considers passing such a provision. Do not retreat from this fight. Go on offense. The mere existence of stand your ground laws is a threat: treat it as such and never back down.

PZ’s Pull Quote Leaves Me Cold: Racism, Sexism, & the Adjunct Crisis

PZ, as is his wont, has a post up about higher ed jobs and the outsourcing to adjuncts and guest lecturers of work that used to be done by the professoriate. It’s a good problem to highlight, but the article he quotes leaves me cold:

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Do you have to know the constitution if you’re just a member of congress? Devin Nunes asks Hannity to hold his beer.

That’s rights, transfolks and boring people, it’s another post about everyone’s favorite lawsuit, Devin Nunes’ US$250 million defamation complaint against Twitter, Liz Mair, Devin Nunes’ Mother, and Devin Nunes’ Cow. One of the things I plan to dive into later is that US$250 million figure. It’s all compensatory damages, and it is a major violation of every bar association’s code of conduct to file anything with the court that a lawyer knows to be false. In certain circumstances it can also be a violation if a lawyer should have known something to be false. There’s a case to be made here that Nunes’ lawyer should have his license suspended or revoked.

But what if you’re not the lawyer. What if your day job is a mere member of congress? Should you really be expected to know the law as a member of congress? Probably not all the law, but maybe a bit of constitutional law? Is asking our legislators to know a bit about the constitution asking a wee bit too much?

Oh, probably. But I’m in an asking mood.

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Follow The Love Cow of Perfidy, Not The Gourd

So my very first post on the topic of Devin Nunes extremely stupid suit against Twitter and 3 of its users was not actually on this blog. It was actually a comment over on Wonkette. Forgive me, but knowing Wonkette’s obsession with its own Love Cow joke, I thought first of them as soon as I read the news.

In that comment I began with something I didn’t include here. For completeness I reproduce my introductory remarks here:

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Devin Nunes and the Love Cow of Perfidy

So, if you aren’t aware – as you are probably not – there is an in-joke at Wonkette about Devin Nunes, the incompetent House Intel ranking member (and former committee chair) who lied about the state of the Russia investigation in order to defend Trump. The joke doesn’t really have much of a basis. There’s no “there” there. But years ago Nunes opposed a real estate deal, which if I understand correctly was a land swap of an on-campus parcel on the side of his college closest to neighborhoods for more land on the side of campus farther away. The point of the land swap from the school’s perspective was to get more land, with the immediate purpose of expanding or improving their Ag program and for long term flexibility in building facilities as needed. His opposition appeared to be based on his appreciation for the ag program as it then existed and included laudatory comments about the current ag facilities, which happened to include cows. On top of this, his family owned a dairy farm and he frequently refers to himself and his connection to dairy farming and loving his cows and loving the land of his farm in his campaigns. He did not stop when his family sold the dairy farm & moved to Iowa. This seemed to indicate some serious attachment to the mooers. And, finally, the degree he got in between episodes of protest against the forced relocation of cows was “Animal Husbandry”.

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Constitutional Law Everyone Thinks They Know: That Fiery Theater

So, everyone thinks they know a bit of constitutional law. And in many cases they actually do. How many senators does your USA state get? Who is the Head of State of Canada? These are questions that a great many people can answer correctly. But as soon as the answer gets slightly more complicated, we reach a weird zone where people aren’t able to admit we are in “I have no idea” territory yet, despite the fact that they clearly have no idea what’s going on.

Case in point: Can you or can you not shout, “Fire!” in a crowded theater? Spoiler alert: YES!

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