Tbh I already think that the fact that you have to get a goddamn permit for a protest is infringement. Imo our ability to organize, plan, and protest should be unbarred, not contingent on any sort of permit or paperwork.
First you link to the wrong god damned instance of this case at SCOTUSBLOG (McKesson v Doe 2 instead of McKesson v Doe 3) you then don’t link, or you know just post, Justice Sotomayor’s remarks about why SCOTUS didn’t hear this case for the third time.
Of course you probably chose not to link, or state, her full remarks because if you HAD then you wouldn’t have been able to write that inflammatory headline.
SCOTUS already resolved this in 2023 with Counterman v. Colorado. It’s right there on pages 14/15 in the linked PDF.
Modern Media is a raging dumpster fire of inflammatory bullshit.
Edit: In case it’s not clear this Vox article was carefully crafted to leave the reader ignorant and outraged.
In Counterman, the Court made clear that the First Amendment bars the use of “an objective stand- ard” like negligence for punishing speech, id., at 78, 79, n. 5, and it read Claiborne and other incitement cases as “de- mand[ing] a showing of intent,” 600 U. S., at 81. The Court explained that “the First Amendment precludes punish- ment [for incitement], whether civil or criminal, unless the speaker’s words were ‘intended’ (not just likely) to produce imminent disorder.”
…
Because this Court may deny certi- orari for many reasons, including that the law is not in need of further clarification, its denial today expresses no view about the merits of Mckesson’s claim. Although the Fifth Circuit did not have the benefit of this Court’s recent deci- sion in Counterman when it issued its opinion, the lower courts now do.
If I’m reading this right, this is basically saying “we just had a case about this, and the ruling is clear. Lower courts can go back and deal with it. There’s no reason for us to take it up again.” That basically right?
Looks like the standard has already been re-affirmed in other cases as incitement (knowing and intentional words to imminently cause lawless action) in order for a lawsuit to succeed.
The Louisiana Supreme Court did find that first responders (police, fire,EMT, etc) are indeed allowed to sue. There was some question of if they were disqualified from suing under the theory that getting attacked in a riot is just a job hazard for them. Vox might have taken offense to that for some reason.
This is all civil too, so no jail time or charges, just a legal fight about standards for culpability for the purposes of a civil case.
Its basically saying “we just had a case about this, and the ruling is clear. Lower courts can go back and deal with it. There’s no reason for us to take it up again.”
Oh FFS. I just read Sotomayor’s statement, and the Vox article is just a flat out lie (and apparently nobody else in the comments bothered to fact check it). You’re doing God’s work, Buelldozer.
I was pleasantly surprised to see this top comment digging into the case. I was very confused by the SCOTUSBLOG link and dug around on my own wondering why everything was from 2020 at first, then going back to the article and feeling like it was really off the rails.
Everyone needs to leave these states. They don’t deserve you, the power or the money that comes from it all. Ghost towns and a couple of rich white dudes. Make plans and get out. The grass is greener.
Second Amendment still going strong. Show up with guns if you want to change things. Not even joking. Armed demonstrations get treated more seriously. I still remember twitter footage from the George Floyd protests where cops were ready to kettle in protestors then saw the group marching with guns and they decided to simply hold their position instead of trying to pinser them.
Theres nothing illegal about armed demonstrations, why remove the comment? Protesting while carrying arms is explicitly legal under US law. There was no call to violence, no celebration of violence whats going on?
Problem is, the cops have guns. If you want guns to be the last resort, you need to increase the cost of using guns. The way to do that is to bring both sides of that equation up to parity.
Unequal armament makes armed conflict more attractive to those who are armed. Equal armament makes armed conflict a last resort.
It then ruled that the First Amendment does not apply “where a defendant creates unreasonably dangerous conditions, and where his creation of those conditions causes a plaintiff to sustain injuries.”
Did they just make it easier for Trump to be held accountable for Jan 6?
I wonder if they aren’t touching it because they want to address this question in context of considering Jan. 6. They don’t want to establish a ruling that could be used against Trump, so they are taking time to get all their ducks in a row.
I have no legal background so this is just idle speculation.
They aren’t touching it because they already DID with Counterman v. Colorado back in 2023. The issue is done and Sotomayor made this plain in her full remarks.
This Vox article was carefully crafted to leave the reader ignorant and outraged.
Let them say that you and all the libs are what’s wrong with the country. You can’t say anything like that, you’d be part of the problem.
Now you must let them propose “2nd amendment solutions” and put crosshairs on your pictures online.
Let them say you’re not a real American, after all they said Obama wasn’t even a citizen. You have to let them say stuff like that or else you’re the problem.
So now you must also let them claim your politicians eat babies and are pedophiles.
Let them repeat lies about the election, the president, the country, the rest of the world EVERYTHING.
So now you must let them storm your capitol and smear their shit on the walls.
Remember according to them Covid isn’t real, or at least it was man-made by evil Fauci and the libs! You now have to let them say this otherwise you’re being mean.
So of course now you have to let them spread Covid and yell at you about your mask, everyone’s else’s masks.
Let them parade donald trump around as he cheats on his wife, lies about it, and sells bibles.
Let them tell everyone how godless the libs are.
Let them elect the majority of presidents in your lifetime with a minority of the population and then let them tell you it’s your fault.
After all the problem is you, you godless liberal. You city dweller! How dare you dwell in that place and not be like them!
Since you are godless and hurt their feelings they’re not responsible for their actions, you are.
If you upset them they may bomb a federal building in OKC, start an armed stand off in a federal building in Montana, shoot up a pizza parlor or even start a civil war all of which they did before in the name of the same “politics” you just don’t understand.
Well, when you put it as mic-droppingly thorough as that, kinda…kinda seems like the article is pretty cowardly, and like these fucking traitors should be tarred and feathered.
Grew up in a rural red state. I’ve spent a lot of time trying to really understand their politics, and as best I can summarize, here it is:
They are angry about how life has gotten worse for them, economically and culturally.
They have very good reason to be angry about that, because it has.
They are misinformed about what changed since the 50s and 60s, and too many of them seem to think more racism and sexism will restore their prosperity and dignity
They have decided the only thing to do about it any more is to burn everything down until they get the respect they feel entitled to
They are sincerely sad and angry it hasn’t worked yet
The shorter story here, of course, is that the establishment GOP of the late 70s underestimated the willingness of its fascist wing to not die and completely didn’t do the necessary things to prevent the party from being almost completely taken over by fascists
It’s not like Fox News is ever going to have a segment calling for empathy with minority urban voters, or 538 running an article on Republicans failing to address issues that minority urban voters have.
It’s not enough that we have to live with their terrible choices in politics, subsidize their localities, and put up with their biggest assholes screaming at us in public about who the current president is for some reason, we have to completely understand and commiserate with that worldview and pretend that we too would’ve been just like them if we had the misfortune of growing up in the same dusty coal mine town we imagine they did.
I mean fucking Beyoncé is making country albums, I think all of America is well aware of rural white people.
Election season is coming up - time for suburban middle class liberal journalists to go to rural areas, have some cheap waffles with old people, marvel at how “Oh they’re just people like us” and write long op-eds about it.
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