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Cake day: July 11th, 2023

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  • Trump will likely get away with telling his followers to storm the capitol

    Because he didn’t. He very carefully didn’t. And 1A protections are extremely broad and extremely strong. Pretty much anything short of “You guys, go storm the capitol right now and overturn the election!” is going to be protected speech, and he didn’t say that. He carefully avoided saying that, intentionally.

    What they’ll get him on as far as the attack (if anything) will be if he was involved in planning and staging it on the back end - if for example he was coordinating with people who were directly instrumental in shifting it from a protest at the steps of the capitol to an attack on the capitol in the hours, days, or weeks beforehand. Because his speech was definitely 1A protected.



  • Yelling “Fire!” in a crowded venue is not protected under Free Speech.

    I know that’s the famous example, but you’re actually wrong. It’s only not protected if there’s no fire, the person yelling it believes there is no fire, and the person yelling it is doing so to cause a panic or imminent lawless action. Speech protections in the US are extremely broad, and most of the exact lines and contours have been defined in court, often in cases involving the ACLU, the KK, or both (specifically in the form of the ACLU defending the KKK, which is where many of the lines as regards protests were determined).











  • Right, but the bullshit SCOTUS decision means that anything that might be part of an official act (such as communicating with the VP) is at least presumptively immune and can’t be used as evidence until after you can prove it should not be immune.

    This of course opens the door for Biden to simply order the military to kill Trump, then pardon whoever actually followed that illegal order. Since commanding the military and writing pardons are core constitutionally prescribed duties of the presidency they are absolutely immune and also cannot be used as evidence of any crime.





  • They would actually have to show at every point in their genealogical history, every single ancestor, going back to the founding of the country, was a citizen. If even one of their ancestors was an immigrant, then every child descended from them is not a natural born citizen.

    I don’t think that’s required by their argument at all, merely that both parents be citizens (by birth or naturalized) when the child is born (this is stricter than is normally used, but is not ridiculously impossible to demonstrate like your suggestion). Them inventing this new definition and wanting to apply it to Kamala is just plain racism though.