Disobedience is the true foundation of liberty. The obedient must be slaves. —Henry David Thoreau
Houston v. Hill, 482 U.S. 451 (1987)
Houston v. Hill is a remarkable U.S. Supreme Court case that tackles abuses of power by police departments. The Supreme Court decided 7-2 that a Houston, Texas ordinance that was routinely used to arrest citizens for merely “arguing, talking, interfering, failing to remain quiet, refusing to remain silent, verbal abuse, cursing, verbally yelling, and talking loudly” toward a police officer.
Not only did the Supreme Court rule this type of conduct to be protected First Amendment speech, but the Supreme Court also expressed that the right to question police conduct is a fundamental distinction between democracy and dictatorship.Show more ›
Cohen v. California, 403 U.S. 15 (1971)
During the Vietnam conflict/war, Paul Robert Cohen wore a (leather?) jacket bearing the words “Fuck the Draft” into the Los Angeles Municipal Court building. Upon entering an actual courtroom, however, he removed and folded his jacket over his arm. He again donned the jacket upon leaving the courtroom and a city officer thereupon arrested and charged him with violating California Penal Code § 415 which prohibited “maliciously and willfully disturb[ing] the peace or quiet of any neighborhood or person . . . by . . . offensive conduct. . . .” Show more ›
Federal court affirms middle finger is protected speech
Though already strongly suggested by Cohen v. California and Houston v. Hill, the U. S. Court of Appeals for the Sixth Circuit has now specifically recognized that a Michigan woman who flipped off a cop after receiving a traffic ticket was exercising her protected free speech pursuant to the First and Fourteenth Amendments.Show more ›
Go F*** Yourself
To all those closed minds who cannot examine their own thoughts and to those who judge others and to those who spit hypocrisy…
It is so gratifying to say “let me leave you my business card” and then hand this off. Show more ›
A Pentecostal First Amendment Objection
I am not saying that face coverings should be worn nor am I saying that face coverings should not be worn; I am saying that governments must not compel it. You see, while I am a stalwart libertarian, I am also a pentecostal Christian. I contend that such mandates go against my sincere religious beliefs.Show more ›
Terminiello v. Chicago, 337 U.S. 1 (1949)
The value of this decision eloquently rests in two paragraphs:
The vitality of civil and political institutions in our society depends on free discussion. As Chief Justice Hughes wrote in De Jonge v. Oregon, 299 U.S. 353, 365, it is only through free debate and free exchange of ideas that government remains responsive to the will of the people and peaceful change is effected. The right to speak freely and to promote diversity of ideas and programs is therefore one of the chief distinctions that sets us apart from totalitarian regimes.
Accordingly a function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea. That is why freedom of speech, though not absolute, Chaplinsky v. New Hampshire, supra, pp. 571-572, is nevertheless protected against censorship or punishment, unless shown likely to produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest. See Bridges v. California, 314 U.S. 252, 262; Craig v. Harney, 331 U.S. 367, 373. There is no room under our Constitution for a more restrictive view. For the alternative would lead to standardization of ideas either by legislatures, courts, or dominant political or community groups.
These two paragraphs are cited and recited in speeches briefs, arguments, and decisions. Read the full decision
On Civil Accountability
I’m a private citizen with rights, but you’re a public servant with duties. —Vox
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This (sub)archive is a special curation specifically for the inquiring mind. The broader tag array offers so much more.