Amending the Bill of Rights


Over at WaPo, Dave Weigel has a piece about Hillary Clinton’s promise to seek to “amend” the First Amendment in order to eliminate the Citizens United Supreme Court Decision. That’s an important personal goal for her because what that decision actually did was tell the Federal Election Commission that it could not prevent Citizens United from showing a video that told inconvenient truths about Hillary Clinton within 60 days of an election. She views that as a severe flaw in the First Amendment.

Of course, that’s not the only part of the pesky Bill of Rights that she feels needs … um … modernizing … yeah, that’s the sort of word she’d use … modernizing. Clearly, the Second Amendment will have to go entirely, and the Fourth and Fifth will need work as well, except as they might apply to certain charitable foundations.

Blognet


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NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. An infamous cyberstalker has filed a bar complaint against a First Amendment lawyer. Your job … help get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

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Walker v. Maryland News


An amicus brief has been filed with the Maryland Court of Special Appeals in the Walker v. Maryland case. The party filing the brief is the Marion B. Brechner First Amendment Project. The lead attorney on the brief is Eugene Volokh.

Prof. Volokh has a post about the brief over at The Volokh Conspiracy blog at WaPo. Read the whole thing.

That Pesky Bill of Rights


I’m old enough to remember (now, there’s a line that getting a lot of work these days) when folks on the Left were all for the Bill of Rights. The narrative back then was that it was the Right that opposed free speech or due process. Today, many of the generation that marched in the streets in the ’60s have risen to become part of the Establishment. It seems that many a former “revolutionary” no longer want to stick it to the Man now that he has become the Man. So we have recently had a bunch of geezers sitting in the well of the House of Representatives demonstrating in favor of a bill to suppress the Fifth Amendment right to due process and the Second Amendment right to keep and bear arms. Somehow, they seemed braver when they were sitting at lunch counters five decades ago.

The First, Second, and Fifth Amendments are now under overt attack. The Fourth Amendment is a target as well. Those of us who still think that the Bill of Rights is worth keeping need to keep hitting back. I suggest that we do not limit ourselves to only twice as hard.

One more thing … why are they going on about rifles now? Fifty years ago, it was all about “Saturday Night Specials,” inexpensive handguns that the wrong people could afford for self-protection. Now, it’s rifles: “Military-style” “weapons of war.” It’s almost as if someone is afraid of an armed populace that would be able to resist …

Another Loose End Tied


Those Gentle Readers who have not been following The Saga of Team Kimberlin from the beginning may not know what triggered the blogosphere’s interest in The Dread Pro-Se Kimberlin. Back in 2012, TDPK sought a bogus peace order against Aaron Walker, and the District Court judge who mishandled that case included an unconstitutional gag order against Aaron in the peace order he issued. The gag order was overturned on appeal. The peace order itself was also overturned. It was that brass knuckles reputation management attack on the First Amendment that got a lot of bloggers interested in Brett Kimberlin.

The judge who issued the blatantly unconstitutional order has been reprimanded by the Maryland Commission on Judicial Disabilities. Aaron Walker discusses the details here.

UPDATE—The Scribd link at Allergic to Bull is flaky, but the reprimand can be found at the State’s website.

Blognet


BlognetTitleCardMUSIC: Theme. Intro and fade under.

NARRATOR: Ladies and gentlemen, the story you are about to hear is true. The names have been changed to protect the innocent.

MUSIC: Up, then under …

NARRATOR: You’re a Detective Sergeant. You’re assigned to Internet Detail. An infamous anti-First-Amendment activist has accused a blogger of being a serial harasser and sexual predator. Your job … help get the facts.

MUSIC: Up then under …

ANNOUNCER: Blognet … the documented drama of an actual case. For the next few minutes, in cooperation with the Twitter Town Sheriff’s Department, you will travel step by step on the side of the good guys through an actual case transcribed from official files. From beginning to end, from crime to punishment, Blognet is the story of the good guys in action.

MUSIC: Up and out. Continue reading