Some Updates September 25th, 2023 Hey, greetings everybody. I appreciate your patience as I get this website back to fully functional mode. This has led to a lot of downtime and periods where the website wouldn’t function right. However I now believe I have all the back-end stuff figured that …
Sedition: An American Virtue Originally Published On Substack July 30th, 2021 There is a word that has become increasingly popular ever since Trump was elected in 2016. Sedition. And since the January 6th storming of the Capitol sedition seems to be a word dripping from everyone’s lips. To give some …
Today On Legalese we are going to be discussing the 7 categories of speech that are not protected under the first amendment: Incitement, True Threats, Fighting Words, Defamation, Obscenity, Fraud and Perjury & Speech Integral To Criminal Conduct
Today on Legalese we will be discussing a recent case out of the Sixth Circuit – ‘Ingram v Wayne County’ in which the Court held that when a car is seized under civil asset forfeiture, the owner has a constitutional right to a hearing within two weeks of the seizure.
On top of that encouraging majority opinion, we also discuss the concurring opinion filed in this case by prominent conservative jurist Judge Amul Thapar that takes an even more striking and encouraging position.
Episode #55
Today on Legalese we look at two recent cases that pit private citizens and the First Amendment against qualified immunity and police officers who believe themselves to be above the law.
In Jordan v Adam’s County Sheriff’s Office a man was arrested for criticizing two shitty cops who got very upset when their inflated sense of authority was questioned.
In Bailey v Iles we find a man whose only “crime” was to post a joke on Facebook. Which was considered enough of a crime by the Rapides Parish Police Department in Louisiana to send a SWAT team to arrest him and charge him with violating a state anti-terrorism law.
In both cases the Tenth Circuit and Fifth Circuit Courts of Appeals (respectively) would find in favor of these two citizens while holding the actions of these police to be so unreasonable these officers would not be allowed to cower behind claims of qualified immunity.
Show Notes Page for “First Amendment Beats Police Defendants” – https://constitutionallaw.substack.com/p/episode-55-first-amendment-beats
