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Category Archives: Rights

Due process and the Second Amendment

In his FAQ on violence, question 15, Sam Harris said: It now seems to me that there are two ways of approaching this [discussion about guns and gun rights] that may, in fact, be irreconcilable.  The first is to consider the ethical and practical case for guns as a means of self-defense… The second approach […]

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Holmes and Tsarnaev – revisiting due process

Watch the comments to any article detailing the trials of James Holmes — the accused in the Aurora theatre shooting — and Dzhokhar Tsarnaev — convicted for the Boston Marathon bombing in 2013. You will see some rather disgusting statements that pretty much boil down to “Why aren’t they dead yet?” In short, I think […]

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Wal-Mart is not censoring Ronda Rousey

MMA champion Ronda Rousey apparently fancies herself an author enough to have written a book called “My Fight/Your Fight“. And apparently Wal-Mart is deciding they will not carry the book at their stores. Now this decision is quite significant, as that means none of Wal-Mart’s 5,163 locations (as of January 31, 2015) just in the […]

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Aurora and concealed carry

With the upcoming trial of James Holmes looming around the corner, the Second Amendment is once again being discussed. And it’s the Aurora theatre shooting that tends to divide people with regard to concealed carry. In short, those against expanding firearms rights in the US tend to say that the Aurora shooting would’ve been a […]

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Misconstruing free speech, revisited – Andrew Shirvell

Andrew Shirvell was an assistant attorney general in the state of Michigan. He helped the execution of a campaign against an openly-gay student at the University of Michigan. His role in that campaign led to his termination, and a Court recently ruled he is not entitled to unemployment benefits. The reason is quite simple: being […]

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Employers and electioneering

I came across a Huffington Post/YouGov poll today that asked a simple question: “Should it be legal or illegal for companies to ask employees to vote for candidates they support?” Not surprisingly, as of the time of my vote (I said yes), the vast majority of responders said “illegal”. In reading this question, it would […]

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Misconstruing free speech, revisited

Back at the end of December ahead of the Christmas holiday, the country was polarized around the suspension of Phil Robertson from Duck Dynasty. I don’t care what side you took in that, but my concern was the fact that so many people took his suspension by a private organization to mean that everyone’s right […]

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The argument from history doesn’t jive with history

It seems when arguing about our legal system, two things will hold true: a person arguing against capital punishment will bring up the cost associated with it, and a person arguing against the private ownership of firearms will bring up the historical interpretation of the Second Amendment. The former I’ve already tackled, twice, and the […]

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Protesting in a Courthouse

Hands up if you believe you have your free speech rights in a Courthouse. Those of you who rose your hands, you’re not correct. Courthouses have routinely restricted the speech rights of spectators who arrive to watch court proceedings. So it is quite incredulous for a constitutional law attorney named James Whitehead to say this: […]

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What unconstitutional actually means

Let’s clear something up since I’ve seen way too many people confuse this concept: what does it mean when a Court declares a law to be unconstitutional? What must happen once the Court declares a law unconstitutional? Here’s what many seem to think must happen: the legislature must promptly modify or repeal the law in […]

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