Godwin’s Constitution

Hitler Card


The latest blog posting of a man — a criminal defense lawyer — whose opinions I very much respect, even if the feeling does not appear to be mutual, and (Scott says this isn’t true, so I’m crossing it out) even though I sometimes disagree with his opinions, inspires today’s blog post here. He appears to draw a connection between complaints “addressing any aspect of our fragile criminal justice system” that lead to some statement that “we live in a police state, our elected officials are tyrants and the Constitution is dead” and what he calls another corollary — Corollary 92 — of Godwin’s Law.

As with his statement that “it’s wrong,” I can find no support for calling it Corollary 92, but at least the latter claim is funny.

The former — plus the claim that it is “unhelpful” to make such statements — is not only unconvincing because similarly unsupported, but demonstrates why the mere statement of Godwin’s Law itself should not be considered the talisman it has become for discounting those with whom we disagree.

Since I am one of those who frequently claims that the Constitution is dead and since I think the position stated above is the one which is unhelpful, and even harmful, it is only fair that I respond.

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Freedom of Speech & Blogging

Cuffs keyboard


I had intended to write today about something Scott Greenfield posted on his blog regarding questionable “studies” over the number of children being arrested in the United States. Is it increasing? Or decreasing?

At any rate, something more important came up.

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F*ck Freedom of Speech

Zip it!


This July 4, as we continue to celebrate the birth of our Nation long after the death of the document that created it — and as I sit down to write a few possibly patently offensive statements about that — I find it particularly appropriate that Tennessee has decided to go after one of the two remaining Amendments in the Bill of Rights that the United States Supreme Court has not yet seen fit to officially obliterate.

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Bagdasarian’s Bad Mouth


Earlier this week — thanks to Trace Rabern, a lawyer I know from Twitter — I was interviewed by a reporter from the San Diego CityBeat for an article about “talking smack” online.  (Tagline: Real. Alternative. News.)

Freedom of speech is something that’s been near and dear to my heart ever since I was a wee lad spouting “you can’t make me!” to my mom when she told me to be quiet.  (I was right, too.  The slap on my face only made me louder.)

The reporter interviewed me for about 40 minutes, during which I mentioned to him that I found the case interesting and would likely blog about it.  Since his article went online today, and I want to clarify something about my comments, now’s the time.

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The First Amendment: It’s Not Just the Law



Shut up!  I don’t like what you’re saying!

Increasingly, this is the approach Americans — Americans! — are taking to deal with speech they don’t like.  Whether this involves the hateful speech of would-be dictators, the words of electronic schoolyard bullies, or just folks with whom we disagree on government policy, the New American Way is to stop them from talking.  Extra points if we can protect our own speech while squelching theirs. 

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The More Things Change: Why the U.S. Constitution Should Not Survive the Internet


Adrianos Facchetti, a California “Internet Defamation Attorney,” writing the California Defamation Law Blog asks, among other things, if governments should regulate the Internet to control defamatory speech — however that might be accomplished.

I could only think of one response….

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Seek A Pleasant Peninsula in Michigan, Seek Free Speech Elsewhere


The latest copy of the American Bar Association Journal (ABAJournal) just arrived in my office. I was planning to write about something I read in the Letters to the Editor there concerning prosecutors who attempt — and possibly succeed — at murder because of their single-minded dedication to winning at all costs, forgetting their alleged duty to seek only justice.1

Trying to find you a link to the ABAJournal website, though, I ran across this interesting article concerning a law school graduate, Frank J. Lawrence, Jr., who was denied a license to practice law because he said mean things to the people responsible for approving his application.

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Endnotes:
  1. I promise to get to that another day. []