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

“Pastors for Trump” founder forsaken by his true God

5 hours ago

WATCH LIVE: Orange God Emperor snaps at reporters in France

10 hours ago

Jon “Os(jerk!)off” pretty clever for Trump

11 hours ago

“Incensed by the dissent”

12 hours ago

You can kind of tell why they wanted to hang Mike Pence

22 hours ago

Rick Jackson defeats Trump-endorsed scumbag in Georgia gov primary, Trump-endorsed scumbag Collins takes Senate primary

24 hours ago

Trump needs Modi to help him climb single step

1 day ago

Regime to allow Iranians to start selling oil immediately

1 day ago

Jaydee x The View kind of sucked for Jaydee

1 day ago

McDonald’s celebrates America250 by reviving fried apple pies

1 day ago

Taxpayers covering at least $300 million of Trump ballroom costs

1 day ago

“Most of that is basically Iranian propaganda”

1 day ago

Muslim Republican leaves Texas GOP convention in tears

1 day ago

“Dumocrats” propagating Trump capitulation

2 days ago

Fanboy says it’s okay to give Iran money because they took a beating

2 days ago

Newsom says he’s under federal grand jury investigation

2 days ago

Strategic Petroleum Reserve at lowest level since 1983

2 days ago

WATCH LIVE: National embarrassment in Europe for a day or two

2 days ago

Top Israeli official gives a big fuck no to Trump “peace deal”

2 days ago

Regime to send pallets of cash to Iran: Jaydee

2 days ago

Orange God Emperor laments his impotence

2 days ago

Jaydee and Stephen pushed hard for Insurrection Act: NYT

2 days ago

MAGA Congresswoman claims “voter fraud” in next reconciliation

2 days ago

Norwegian Prince Joffrey sentenced to four years for rapes

2 days ago

Trump “hereby fully authorizes” Strait of Hormuz reopening

3 days ago

White House disputes weather forecast reporting as “bullshit”

3 days ago

Team Orange fear Swan/Haberman have tapes from situation room

3 days ago

Birthday loser whines over his best bud ruining the day

3 days ago

Swiss right wing on track to lose population cap referendum

3 days ago

Hahahahaha! Good one Greg!

4 days ago

Regime has to “certify” Trump removal from JFK center by noon

4 days ago

Senate Republicans “assuming” Trump will spend on Paxton

4 days ago

Texas GOP symbol non-symbolically pisses on convention floor

5 days ago

WATCH LIVE: Kennedy Center Denazification underway

5 days ago

Judge taps out of blocking White House UFC fight

5 days ago

White House Axios Secretary Barak Ravid gives Trump-Iran update

5 days ago

“Void” is catchier than “expunge”: Luna’s intra-cranial focus group

5 days ago

Dan Sullivan banned from ballot in Alaska

5 days ago

Orange Tyrant screams at Iranians for “leaking” to “fake news”

5 days ago

Randy Fine laments Ammonites’ rejection of the Orange Yahweh

5 days ago

K$H sics agents on Ohio voter rights organization

5 days ago

“The aluminum chassis, while almost identical, has holes that are machined with a slightly different pattern”: Trump T1 necropsy

5 days ago

Newsmax reports DOGE cutting gay trans fly breeding program

6 days ago

Majority of Evangelicals oppose war in Iran: Reuters/Ipsos poll

6 days ago

Kennedy Center puppet board seeks stay of Trump name removal

6 days ago

Mediocre white guys slapfighting on Twitter again

6 days ago

Regime plans lame duck “expunge” of Trump impeachments: WSJ

6 days ago

“President Donald Trump grew furious this week”

6 days ago

New York Post reports Nazi-curious degenerate unfit for office

6 days ago

Federal judge finds Ken Paxton sued ActBlue to retaliate against them for funding Dem campaigns to public office, tosses case

6 days ago

x
x
x
x
x
x