Categories
Uncategorized

Team Orange tries the “First Amendment” bullshit in Georgia too

Too often do some of us in the media blithely copy and paste the shit that we see in court documents without taking the time to try and truly appreciate it. Laziness and a layperson’s feeling of intimidation when confronted with the jargon familiar only to legal practitioners can only fly so far as an excuse however, especially when it comes to the tribulations of one Donald Trump and the shit that his lawyers slap together in attempting turn his base urge to simply escape the consequences of his actions into something, anything, legal-ish sounding. We had been looking forward to this motion to dismiss the Georgia RICO case as we had anticipated Trump’s attorneys would concede their client is the fucking idiot and scumbag even large numbers of his fans all know him to be.

And man does it not disappoint. From page 8:

President Trump’s claims of fraud in the 2020 election constitute First Amendment-protected speech. The decision in United States v Alvarez, 567 US 709 (2012), reflects the Supreme Court’s unanimous consensus that the government may not criminalize supposedly ‘false statements about philosophy, religion, history, the social sciences, the arts, and other matters of public concern.’ Id at 751-52 (Alito, J, dissenting)(emphasis added)… In these areas, ‘it is perilous to permit the state to be the arbiter of truth,’ for ‘the potential for abuse of power in these areas is simply too great.’ Id at 752 (Alito, J, dissenting). ‘In the political arena,’ when disputes arise about politically charged topics – which typically involve claims that are not ‘easily verifiable’-the threat of ‘criminal prosecution is particularly dangerous… and consequently can more easily result in censorship of speakers and their ideas.’ Id. at 734, 738 (Breyer, J, concurring in the judgment). ‘Our constitutional tradition stands against the idea that we need Oceania’s Ministry of Truth.’ Id at 723 (plurality op of Kennedy, J) (citing GEORGE ORWELL, NINETEEN EIGHTY–FOUR (1949).

Right off the bat this is stupid bullshit. Speech in furtherance of a criminal conspiracy is not and cannot ever be “free.” You don’t need to look up US v Alvarez to know that. We looked it up though.

From a summary by Justia Law:

The Stolen Valor Act makes it a crime to falsely claim receipt of military decorations or medals and provides an enhanced penalty if the Congressional Medal of Honor is involved, 18 USC 704 (b),(c). After pleading guilty to falsely claiming that he had received the Medal of Honor, Alvarez challenged the Act as unconstitutional. The Ninth Circuit held that the Act is invalid under the First Amendment. The Supreme Court affirmed. Characterizing the law as a content-based restriction on protected speech, the Court applied the “most exacting scrutiny.” Falsity alone does not take speech outside the First Amendment. While the government’s interest in protecting the integrity of the Medal of Honor is beyond question, the First Amendment requires a direct causal link between the restriction imposed and the injury to be prevented; that link was not established. The government had no evidence that the public’s general perception of military awards is diluted by false claims or that counter-speech, such as the ridicule Alvarez received online and in the press, would not suffice to achieve its interest. The law does not represent the “least restrictive means among available, effective alternatives.” The government could likely protect the integrity of the military awards system by creating a database of Medal winners accessible and searchable. Dissenting Justices Alito, Scalia, and Thomas viewed the Act as significantly limited and necessary to the important governmental objective.

In just one single almost randomly-selected paragraph of a 19 page motion to dismiss that we picked out we can already see Trump’s Georgia lawyer Steve Sadow, with nothing else to work with, has to compare his client to some asshole who argued all the way to the US Supreme Court that falsely claiming he had been awarded the Medal of Honor wasn’t a crime. And that doesn’t even apply here because again, Alvarez’s false claim was not in the furtherance of another crime like unlawfully trying to compel a public official into altering the results of an election like Trump did on the call with Georgia Secretary of State Brad Raffensperger back in January 2021.

Just great stuff here.

Created by potrace 1.16, written by Peter Selinger 2001-2019

Old Man Trump telling tall tales to his willing fools again

20 minutes ago

Bloated corpse to be examined by doctors once again

5 hours ago

Breitbart reports it’s pathetic when a Democrat says the same thing

10 hours ago

Surrender spun as victory

1 day ago

Netanyahu tells Trump he can do whatever he wants in Lebanon

1 day ago

Movie Night Saturday: Mission Impossible

2 days ago

Elon, somewhat understandably, lost his shit over The Boys finale

2 days ago

White House propaganda app now required for federal phones

2 days ago

Remember when Obama said “57 states”? That was funny

2 days ago

Hawaii’s Big Island hit with 6.0 magnitude earthquake

2 days ago

Fat idiot to shake things up with new attack on Iran: Axios

3 days ago

WATCH LIVE: Trump embarrasses Mike Lawler

3 days ago

Golf > Don Jr’s wedding

3 days ago

Tulsi resigns from Trump Regime

3 days ago

Tom Emmer should wipe the, uh, stuff off of his chin, it’s really gross

3 days ago

Orange Manfred continues spurning his former courtiers

3 days ago

Colorado officials find ICE propaganda is terrorist incitement

3 days ago

Axios profiles top business guru’s clever, unorthodox income

3 days ago

Memphis man says he was imprisoned on Epstein Island recently

4 days ago

Congress goes on recess over $1.776 billion MAGA slush fund

4 days ago

Senior not sure he can skip golf for Don Jr’s wedding

4 days ago

Mortgage rates climb to 6.51 percent, highest since

4 days ago

Don Jr remembers perfunctory campaign pledge

4 days ago

Jim Jordan squashes Blanche subpoena by one vote

5 days ago

Orange goes deeper in the red on approvals in QU poll

5 days ago

House cancels Iran vote over “attendance issues,” ballroom DOA

5 days ago

Top Cornyn advisor posts hilarious meme

5 days ago

Orange Baby screams over Senate Parliamentarian “brutalizing us”

5 days ago

Raul Castro officially indicted

5 days ago

Graham Platner 48 – Concern Lady 41 in Maine: poll

5 days ago

The president said more stupid, demented shit on Wednesday

5 days ago

The other Murdoch kid to buy up half of Vox Media

5 days ago

Last two bodies recovered from Maldivian underwater cave

5 days ago

Thomas Massie retired by the vengeful Orange Allah

6 days ago

WATCH LIVE: Jaydee fills in for Krazy Karoline

6 days ago

Cornhole still too chickenshit to say what he really feels

6 days ago

Ken Paxton wins the Trump Texas reality show, lands endorsement

6 days ago

“Greece likes triangles”

6 days ago

State Department unfollows Rubio on Twitter

6 days ago

Defense Attorney General testifies to Senate: Watch Live

6 days ago

Villager warns Kamala Harris revealed “Democrats’ game plan”

6 days ago

Regime to admit more MAGAfrikaners

6 days ago

WATCH LIVE: Walking healthcare crisis makes noises about access

1 week ago

CDC confirms American in Congo tests positive for Ebola

1 week ago

Trump announces he takes orders from foreign man in frilly dress

1 week ago

Benny Johnson already researching Simi Valley FD’s DEI policies

1 week ago

Minnesota DA charges ICE agent over migrant shooting

1 week ago

Regime confirms $1.776 billion “Anti-Weaponization” slush fund

1 week ago

President airs frustrations with media coverage of Iran policy

1 week ago

Newsmax reports Trump team worried boss emboldened Xi

1 week ago

x
x
x
x
x
x