The rise of "Fake Law"

Discussion in 'Political Discussions' started by me again, May 7, 2017.

  1. me again

    me again Active Member

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    Title: How Trump-hatred warps the judiciary.

    Author: Marc O. DeGirolami

    Snip: Something ugly is happening to the First Amendment. It is being contorted to enable judges to protest Donald Trump's presidency. The perennial impulse of judges to manipulate the law to achieve morally and politically desirable ends has only been exacerbated by the felt necessity to "resist" Trump. The result: Legal tests concerning the freedoms of speech and religion that, in some cases, were already highly dubious are being further deformed and twisted.

    Welcome to the rise of fake law. Just as fake news spreads ideologically motivated misinformation with a newsy veneer, fake law brings us judicial posturing and opinionating masquerading as jurisprudence.

    And just as fake news augurs the end of authoritative reporting, fake law portends the diminution of law's legitimacy and the warping of judges' self-understanding of their constitutional role.

    Under Trump's presidency, too many judges now feel called to "resist" Trump and all his works — no matter the cost to the law's authority and to the integrity of the judicial role.

    In one recent deformation, Trump was sued for incitement to riot and assault and battery when, at a campaign rally before he became president, he said "Get 'em out of here" in response to protesters in the audience. Several of these protesters were subsequently pushed and struck by others in the crowd. A Kentucky federal district judge ruled that the case against Trump could proceed because "Get 'em out of here" could reasonably be interpreted as an exhortation to attack protesters.

    The most astonishing part is the court's conclusion that the statement is not protected by the speech clause of the First Amendment because it is plausible to think Trump was inciting a riot. Though the court cites the highly speech-protective test from Brandenburg v. Ohio, in which the Supreme Court held that...

    Full story:
    Fake Law | The Weekly Standard
  2. Bruce

    Bruce Moderator

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    Police Officer/Adjunct College Instructor
    Boston, MA
    The 9th Circuit is overturned by the SCOTUS something like 90% of the time.

    Either the SCOTUS is supremely incompetent, which I know they're not, or the 9th Circuit is incompetent and/or more concerned with a political agenda than rendering verdicts based on law.
  3. b4cz28

    b4cz28 New Member

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    EDIT: Me Again- Sorry bro for hijacking your thread for my rant!

    If the left truly gave a crap about the poor, the sick and the oppressed. They would stop wasting the millions of dollars they have spent resisting Trump. I have leaned heavy left in the past and even liked Sanders. Shit man this election was a red pill to the lies and childlike behavior of the left. I think I truly understand that the democrats are the slave masters man. I feel sick every time I see a white judge advocating on my behaves in a news story or a chick with pink hair claiming to be fighting racism. I know at once that they are more than likely racist towards me or scared of me.

    I will never forget when me and my family broke down in an all white part of town. They only person who would stop and help us with a ride was a white guy with a 2nd Amendment slogan on the back of his jacked up truck and a Bush sticker. He was the nicest guy I have ever met. That was my first red pill. Also, he never mentioned race once. See when I am around all these "tolerant liberals" I feel like I have a spot light on me. Everything is about me being "black" and it gets old.

    Sorry for the long rant but the point is most these judges and resist people are just using my race to stay in control. With out racism, they do not exist. Without racism the very little the Democrats have left is gone. As it stands now they have a few states and the media. That's it....

    We are waking you we have guys like Tommy now

    Articles: The lucrative business of racism

    The lucrative business of racism

    Merchandising black misery in America: Why crying racism is big business | Communities Digital News
    Last edited by a moderator: May 7, 2017
  4. TomE

    TomE New Member

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    Professor, Course Developer, Consultant
    *9th Circus

    Jokes aside, the article presented may have some merit, but when trends like this have been established and observed over time, it seems as though the problem is more with the system, branch, circuit, etc. themselves as opposed to their behavior in relation to a particular regime (since it has been happening for quite some time at this point).

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