Freedom Of Speech | RHDefense: The Law Office of Rick Horowitz

Misplaced Faith

May 2, 2013 by Rick 4 Comments

We open today’s blog post with a quote from George R. R. Martin, affectionately known, I am told by friends who know him, as “GRRM”:

“You esteem this Penrose more than you do my lords bannermen. Why?”

“He keeps faith.”

“A misplaced faith in a dead usurper.”

“Yes,” Davos admitted, “but still, he keeps faith.”

“As those behind us do not?”

Davos had come too far with Stannis to play coy now. “Last year they were Robert’s men. A moon ago they were Renly’s. This morning they are yours. Whose will they be on the morrow?”¹

We follow with questions posed by the blogging community with which I identify, noting that this quote contains the grim answer. [Read more...]

Endnotes:

George R. R. Martin, A Clash of Kings: A Song of Ice and Fire: Book Two. [↩]

Filed Under: Law & Social Issues, Police State, United States Constitution Tagged With: A Clash of Kings, constitution, constitutional rights, fear, freedom, Freedom of Speech, general warrants, George R. R. Martin, misplaced faith, public servants, right to counsel, U.S. Constitution

One of the things about having a blog in America is that you get to post pretty much whatever you want, whenever you want. If you are wise, and care enough to do so, you will engage in a little bit of self-censorship. But it’s still the case that — until now — the United States government is not likely to bust down your door because of something you’ve written. The ink on the United States Constitution has faded quite a bit over the years, but the one value that still gets a modicum of protection is the First Amendment right to freedom of speech.

And why not? For the most part, there is so much misinformation out here in the blogosphere — in fact, there’s just so much blogosophere out here — that the majority of us are highly unlikely to ever be a real threat to the government, using just words, so we get to say whatever we want without worrying too much about repercussions.

Most of the time.

Godwin’s Constitution

January 2, 2012 by Rick 5 Comments

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.

Massachusetts Resurrects Star Chamber

December 31, 2011 by Rick 5 Comments

Let me apologize in advance for not doing some fancy-schmancy end-of-the-year post. It’s not that I’m not grateful to see 2011 starting to move into the rearview mirror. It’s more that I’m not wanting to waste another minute on it. If anything, 2011 seems to me to be the year the world’s police officer, the United States, finally turned itself — like too many other police officers these days — full-face towards corruption and fascism.

The fact that they aren’t crushing everyone (after all, I’m writing this, right?) yet, doesn’t really mean much. As Scott Greenfield put it in a slightly different context, “The laws are already in place, and continuing to be developed….”

Freedom of Speech & Blogging

December 21, 2011 by Rick Leave a Comment

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.

F*ck Freedom of Speech

July 4, 2011 by Rick Leave a Comment

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.

Bagdasarian’s Bad Mouth

March 31, 2010 by Rick 1 Comment

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.

The First Amendment: It’s Not Just the Law

December 19, 2009 by Rick Leave a Comment

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.

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

December 27, 2008 by Rick 4 Comments

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….

Seek A Pleasant Peninsula in Michigan, Seek Free Speech Elsewhere

June 5, 2008 by Rick Leave a Comment

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.

[Read more...]

Endnotes:

I promise to get to that another day. [↩]

Filed Under: Freedom of Speech, U.S. Supreme Court Tagged With: Attorney Speech, Freedom of Speech, Michigan, State Bar of Michigan

Hijack This Thread

Godwin’s Constitution

Freedom of Speech & Blogging

F*ck Freedom of Speech

Bagdasarian’s Bad Mouth

The First Amendment: It’s Not Just the Law

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

Seek A Pleasant Peninsula in Michigan, Seek Free Speech Elsewhere

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