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re: ‘Free Speech Right Not Absolute’ – Obama Judge Tanya Chutkan Delivers Mixed Ruling

Posted on 8/11/23 at 10:50 pm to
Posted by Tigerbythetale
Las Vegas
Member since Aug 2014
1458 posts
Posted on 8/11/23 at 10:50 pm to
It is called projection.

Dems accusing their opponent of precisely all the dirty tricks dems are in fact up to.
Posted by Corso
Atlanta
Member since Feb 2020
12285 posts
Posted on 8/11/23 at 10:58 pm to
quote:

It's almost like they are indicting him on bull shite charges, knowing none of them will stick in the end but it will continue to solidify GOP support for him in the primary and then a loss in the general.


That's exactly what they're doing. Why would they throw away 8 years of Trump is Hitler propaganda just to have him out of the primary and have to start all over again trying to demonize another republican? Half of this country thinks Trump is evil incarnate, they wouldn't be able to pull this kind of shite on somebody else. People wouldn't buy it. Even if Trump won the general they've so poisoned people's mind on Trump they could arrest him at the inauguration on made up charges and people would go along with it
Posted by MFn GIMP
Member since Feb 2011
23008 posts
Posted on 8/11/23 at 11:00 pm to
quote:

English law in force at the time of signing the Constitution already recognized certain limits to what one can say, and allowed governments to place restrictions on speech as long as such restrictions are content neutral.

English law at the time criminalized criticism of government as not being a protected right of free speech . Adams tried to criminalize that with the Sedition Acts and was, rightfully, slapped down by outrage across the country.
Posted by LaMigra
Member since Nov 2022
2772 posts
Posted on 8/11/23 at 11:00 pm to
quote:

Fast tracked for what? For a mean judge? SCOTUS has to have a case to rule on. I don't think they do change of venue. Whoever the SCOTUS boss is for the DC circuit might chime in. I think it's Roberts.


Go play with your dildo
Posted by SouthEasternKaiju
SouthEast... you figure it out
Member since Aug 2021
47133 posts
Posted on 8/11/23 at 11:01 pm to
quote:

There are limits, regardless of what is going on in, I hate to say it, his day job. This is a criminal case.


They are trying every conceivable way to get people to violently react.

I quite literally mean they're asking for this, just so they can quadruple down on a post J6 level military response.

These people absolutely WANT martial law before the 2024 election or have it cancelled outright.

Posted by davyjones
NELA
Member since Feb 2019
36755 posts
Posted on 8/11/23 at 11:11 pm to
That’s what I like to call pure, unadulterated hate. I bet you can’t even put it into specific words why. That “half the country that thinks Trump is evil incarnate - that’s a myth created by the media and left to make you feel a little more confident in having a belief system on the particular subject that is otherwise just, incongruous you might could call it, for purposes of this particular discussion.

It’s actually you and not all that many of your fellas who are in a certain minority itself especially if you harbor a rather extreme level of vitriol towards him. Trump did nothing but gain votes between 16 and 20, and Biden only got into the neighborhood of numbers he did by way of a notable few locales moving heaven and earth to count votes and keep on counting votes and then some more even a day or two later (yep, day or two after the damn election was supposed to be closed), and of course that was in the name of covid - which won’t be of any similar assistance to them this time around. It’s gonna be a completely different world. As long as too many so-called “Republicans” don’t merely vote for the Democrat out of nothing more than spite to Trump.

I’m telling you, go ahead and slip on over to the winning team and no one will even really notice after a little grace period. I will help you sneak over like the underground railroad.
This post was edited on 8/11/23 at 11:14 pm
Posted by Eurocat
Member since Apr 2004
17241 posts
Posted on 8/11/23 at 11:13 pm to
quote:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. That amendment is absolute and there is no due process here, sufficient to strip him of any of his rights. People need to get it in their heads - these amendments are absolute. They mean absolutely what they say, nothing more, nothing less. Judges and senile, sex predator, pants shitting old men do not have the authority to carve out exceptions at their whim. That is the definition of tyranny.



Despite your cut and paste, no, free speech is not absolute. You can't lie on yout taxes and say it is free speech. You can't walk into a bank with no weapons or anything and just use your free speech and say "This is a stickup, give me all your money and do it quidkly". You can't call someone on the phone and threaten to kill them and later claim it's just speech. I mean, you can try, but it won't work unless you are proven to be bi-polar or something like that.

Surely anyone can think of a dozen more examples.
Posted by ole man
Baton Rouge
Member since Nov 2007
18028 posts
Posted on 8/12/23 at 2:52 am to
Are you really that fricking stupid
Posted by Penrod
Member since Jan 2011
55550 posts
Posted on 8/12/23 at 3:12 am to
quote:

How does any ruling by her on this NOT get fast tracked to SCOTUS after that statement?

Every justice on SCOTUS agrees with that statement. Maybe not the particular application, but the statement is certainly true. Any lawyer who tells you otherwise is a clown.

To clarify: Those bringing the case are doing so, not to get a conviction but, to drag out bad publicity. The entire case should be thrown out and the prosecutors convicted in Federal Court for election interference.
This post was edited on 8/12/23 at 3:14 am
Posted by Corso
Atlanta
Member since Feb 2020
12285 posts
Posted on 8/12/23 at 12:39 pm to
quote:

It’s actually you and not all that many of your fellas who are in a certain minority itself especially if you harbor a rather extreme level of vitriol towards him.


What are you talking about? I voted for Trump before and I'll vote for him again if he wins the primary. You and those other 5 or 6 fanclub members here think anybody who doesn't suck Trump's dick is a Ronbot or a democrat or whatever. I don't "hate" Trump at all, but if you think he's not losing votes he got in 2020, you're delusional
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 8/12/23 at 12:42 pm to
quote:

How does any ruling by her on this NOT get fast tracked to SCOTUS after that statement?
Because most interlocutory rulings are not subject to immediate appeal? We have a few criminal lawyers here. Maybe they can evaluate this one on that basis.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 8/12/23 at 12:44 pm to
quote:

For any gag order since this is clearly a First Amendment issue and also interfering with a presidential campaign, which was supposedly one of the reasons why it was so evil to bring up Biden being a corrupt fricker in Ukraine, which got Trump impeached.
so, anytime someone waves around the “first amendment“ flag, the entire criminal case should grind to a stop pending an interlocutory appeal?

Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 8/12/23 at 12:46 pm to
quote:

People need to get it in their heads - these amendments (the BoR) are absolute.
Never have been. Never will be.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 8/12/23 at 12:49 pm to
quote:

This is really unprecedented and unchartered territory.
The only thing “unprecedented” is having a criminal defendant of Trump’s prominence.

Gag orders have “been a thing“ for a very, very long time
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 8/12/23 at 12:53 pm to
quote:

I don't care what the Supreme Court or other courts have ruled in the past.
Posted by AggieHank86
Texas
Member since Sep 2013
44345 posts
Posted on 8/12/23 at 12:58 pm to
quote:

Fast tracked for what? For a mean judge? SCOTUS has to have a case to rule on. I don't think they do change of venue. Whoever the SCOTUS boss is for the DC circuit might chime in. I think it's Roberts.
quote:

Go play with your dildo

This childish response to a measured and reasonable post just demonstrates the weakness of your position.
Posted by dafif
Member since Jan 2019
8422 posts
Posted on 8/12/23 at 2:59 pm to
quote:

Ultimately, from what I’ve surmised from our other PoliBarristers who work in this area is that it’s nearly impossible to get appellate review of a criminal matter prior to a verdict.


Wednesday, I admittedly have zero knowledge of the criminal justice system other than reading the rules and opinions, however, in general, I recognize that the right to free speech is not absolute. Famously, you cannot yell fire in a crowded theater.

I do not believe that Trump, for example, could give out the nuclear codes if that was part of the document he kept in his office. By way of absurd example.

To me anyway this is an extremely interesting point in time as to what he can and cannot say and his ability to get a review should the court decide to punish him. Famously this appears to be one of those facts specific instances.
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