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Category Archives: Rights

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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Amending the constitution, revisited again

Whenever someone calls for amending the Constitution of the United States, we need to look upon their desires with a very, very high level of scrutiny. I’ve done this previously with Governor Rick Perry in his calls for various ways to amend the Constitution, along with another proposal regarding laws and their applicability to Senators […]

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SCotUS upholds finality of acquittals

In a per curiam decision decided on May 27, 2014, the Supreme Court of the United States again upheld the finality of acquittals against an attempt at a prosecutor’s appeal. The trial of Esteban Martinez was set to begin on May 17, 2010. His counsel was ready; the State was not. When the court swore […]

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Defending due process

I understand it is frustrating seeing someone put on trial only to see them walk out of Court, having been acquitted of the charges in what many would’ve called a "slam dunk" case. And the unfortunate response to these trials seems to be an attack on due process itself. On Facebook I am subscribed to […]

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Atheism is a religion

Just as many atheists say that “atheism is a lack of belief in a god or gods” is one phrase that irks me to no end, another common statement that I’ve always found troubling is “atheism is a religion like off is a TV channel”. Along a similar vein, “atheism is a religion like bald […]

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Body autonomy

Matt, It seems you got ahead of yourself when writing your response to "Rachel". I’m not going to address the flawed hypothetical presented as it is a severely flawed hypothetical when trying to support the idea of abortion, but the rest of your ideas attacking the very idea of body autonomy go a bit off […]

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Legislating morality

In any debate regarding abortion, it can be expected that someone may say, “You cannot legislate morality.” That person’s opponent may reply by citing several provisions of the criminal code, such as the laws regarding murder, rape and assault. But doing so avoids the larger question of whether actual morality can be legislated. In saying […]

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