All states have laws that prohibit assault and destruction of others' property. States and the federal government also have laws that prohibit bystanders from encouraging others to engage in violence. The latter is known as incitement.
When violence has erupted in American streets between groups supporting President Donald Trump and those opposed to him — and he encouraged his supporters to be "much tougher" than the other side and to "hit back" — did his use of intemperate words incite violence?
The use of federal and state incitement laws has a long and sordid history. . .
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Judge’s Opinions
"Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds." — Unofficial motto of the United States Postal Service
The United States Postal Service — formerly the Post Office — is an American institution rooted in the Constitution. To the framers, the idea that the federal government would be in the thankless business of carrying mail from city to city defied their Madisonian ideas of limited government. But they feared that rival states would take over delivery of the mails. So, they reluctantly made it a federal. . .
During this summer of madness in Portland, Oregon, and sadness over COVID-19, two below-the-radar events occurred implicating the insatiable appetite of the United States government to spy on everyone in America. Regular readers of this column know that the feds have been wearing away at our privacy rights using a multitude of means. Yet, these two below-the-fold events this summer have caught the feds flatfooted.
Here is the backstory.
After the calamity of Watergate, Congress investigated the nature and extent of FBI and CIA spying on Americans as ordered by President Richard Nixon. A Senate. . .
"No Money shall be drawn from the Treasury, but in consequence of Appropriations made by Law." — U.S. Constitution, Article I, section 9
Congress and the White House have been at loggerheads for weeks on the next phase of federal aid to those suffering financially and who lost jobs because of governor-mandated lockdown orders in response to the COVID-19 pandemic. At last count, more than 30 million Americans who had full-time jobs a year ago are today unemployed.
All states have unemployment compensation for which employees and employers make regular contributions. The payments of. . .
Last week, this column argued that the only constitutional role for armed federal forces in Portland, Oregon, was to assist U.S. marshals in protecting federal property and personnel there — in this case, the federal courthouse and those who come to it. The column also argued that under the U.S. Constitution, the feds have no lawful role in policing streets unless requested to do so by the governor or legislature of any state.
In Portland's case, the governor of Oregon and the mayor of Portland both asked acting Secretary of Homeland Security Chad Wolf to bring. . .
Two weeks ago, this column offered a brief history of the freedom of speech in America. The essence of the column was that all public speech is lawful when there is time for more speech to challenge it and that the remedy for hate speech is not censorship, but more speech.
Last week, this column addressed the unconstitutional behavior of federal agents in Portland, Oregon, most of whom are out among peaceful demonstrators interfering with free speech, travel and assembly.
Also last week, a newspaper in New Jersey, the editors of which might have disagreed with the essence of this. . .
"The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own consciences." — C.S. Lewis (1898-1963)
Serious issues are implicating personal liberty and public safety in Portland, Oregon. The police are not enforcing local and state laws. They are refraining from doing so because they have been so instructed by elected public officials.
The Supreme Court has ruled that state and local elected officials — not. . .
"I disagree with what you say but will defend to the death your right to say it." — Voltaire (1694-1778)
When Thomas Jefferson wrote the Declaration of Independence, he included in it a list of the colonists' grievances with the British government. Notably absent were any complaints that the British government infringed upon the freedom of speech.
In those days, speech was as acerbic as it is today. If words were aimed at Parliament, all words were lawful. If they were aimed directly and personally at the king — as Jefferson's were in the. . .
Last week, this column addressed the expectation of revolution and the exhilaration of freedom that pervaded the 13 colonies during the summer of 1776. This summer in America, we are approaching the end of a civilized and free society as we have known it.
The freedom to walk outside without worrying for your life and the reliance that constitutional freedoms are guarantees that the government will honor have dissipated. The effects are anarchy in the streets and a loss of liberty for everyone.
The root cause of both is the failure of government.
The anarchy was born in legitimate dissent. . .
"Government requires make-believe. Make believe that the king is divine, make believe that he can do no wrong or make believe that the voice of the people is the voice of God. Make believe that the people have a voice or make believe that the representatives of the people are the people. Make believe that governors are the servants of the people. Make believe that all men are created equal or make believe that they are not." — Edmund S. Morgan (1916-2013)
In the summer of 1776, revolution was in the air. Congress was meeting in. . .