I disapprove of what you say, but I will defend to the death your right to say it.”
“The Friends of Voltaire” by S. G. Tallentyre (Evelyn Beatrice Hall)
This quote has been the cry of free speech advocates for decades. But how is society to treat those, especially minors, who violate the standards of speech considered acceptable in public? In the case Mahanoy Area School District v. B.L., the question is, what are the legitimate actions of public schools in disciplining the vulgar speech of students. In its opinion, the Supreme Court illegitimately applied the First Amendment to state actors, but that is nothing new. By far the most interesting part of the opinion is the role the justices believe schools have in parenting children. And you may be surprised by what the lone dissenter in this case said regarding the subject.
Read MoreDoes truth matter? I know, many people claim truth is personal, that you have your truth and I have mine. But can a society survive without a recognition of objective truth? The Supreme Court recently declined to hear a case out of the Fourth Circuit that revolved around a simple question. Is truth defined by what is or what people think?
Read MoreEarlier this year I wrote A Taking, or Not A Taking, that is the Question about the oral arguments in the case of Cedar Point Nursery v. Hassid. The Supreme Court has rendered its opinion, so now is the time for a review. If you’ve read many of my case reviews you probably won’t be surprised that the court came to the right answer but for the wrong reasons.
Read MoreWhat is the role of government in enforcing societal norms? Does the state have the legal power to force compliance with its preferred worldview? A religious freedom case pitting the city of Philadelphia against Catholic Social Services has had its day at the Supreme Court. While the court correctly found for Catholic Social Services, the details prove that judges and lawyers at all levels have a serious comprehension problems when it comes to reading the Constituiton of the United States.
Read MoreThis week we had a great discussion covering court packing, Biden’s vaccine push, and the Louisana Purchase.
Read MoreJoin us for a discussion of current events and the chance to get your constitutional questions answered.
Read MoreAs we celebrate the anniversary of the adoption of the Declaration of Independence, I think it’s important that we take some time and perform a self-examination of the independence to which those men pledged their lives, fortunes, and sacred honor. If we compare the federal government today to the king we declared independence from then, I think we’ll find them much more alike than we would find comfortable. So today, let us redeclare our independence, not from the government in Washington, D.C., but from the men and women who have corrupted the legacy we celebrate today, from the unjust powers they are exercising, and the tyranny they are attempting to impose on the American people.
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