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re: Where is the ACLU on free speech for Ann C.?
Posted on 4/27/17 at 7:03 am to ShortyRob
Posted on 4/27/17 at 7:03 am to ShortyRob
If the black leaders pushed it then yeah they could.
Let me get very technical here. To bring a lawsuit, the party bringing the suit must have been harmed. This is called Standing and is required to get relief in federal courts (Standing significantly more complicated, but let's go with this for now). The ACLU in these cases is not the one harmed in their cases. What is actually happening is someone else is bringing suit and the ACLU is bankrolling/supporting the litigation (think Peter Thiel behind Hogan).
In this Coulter would be the one with standing to sue. She puts out a statement and says she is canceling. Now regardless of the reason why she did that, she has undermined her own standing to sue. She is now on the record saying the opposite of "I want to do X and Berkeley/the PD is preventing me from exercising my First Amendment right."
Where she blows up her own chances in court what is the ACLU supposed to do?
Let me get very technical here. To bring a lawsuit, the party bringing the suit must have been harmed. This is called Standing and is required to get relief in federal courts (Standing significantly more complicated, but let's go with this for now). The ACLU in these cases is not the one harmed in their cases. What is actually happening is someone else is bringing suit and the ACLU is bankrolling/supporting the litigation (think Peter Thiel behind Hogan).
In this Coulter would be the one with standing to sue. She puts out a statement and says she is canceling. Now regardless of the reason why she did that, she has undermined her own standing to sue. She is now on the record saying the opposite of "I want to do X and Berkeley/the PD is preventing me from exercising my First Amendment right."
Where she blows up her own chances in court what is the ACLU supposed to do?
Posted on 4/27/17 at 7:08 am to CorporateTiger
quote:oh I suspect tgey would be getting dozens of calls from the ACLU begging to help. I doubt they would have to call the ACLU
he black leaders pushed it then yeah they could
quote:like I said. If local governments told black people that it was up to them to make the call as to whether they were going to protect their supporters because the government was going to stand down you bet your arse that lawyers would be tripping over themselves calling the black people in question.
Where she blows up her own chances in court what is the ACLU supposed to do?
If you're trying to tell me that the ACLU would sit back and not try to make equal protection claims when the government was choosing repeat choosing to not protect a subset of people from violent threats I'm just going to sit here and laugh.
That doesn't even remotely pass the smell test
I mean we really taking the position that the only recourse for blacks in such a situation would be to hold the speech and watch their supporters getting beaten or worse before they can do anything?
This post was edited on 4/27/17 at 7:10 am
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