Miguel.GFZ

Semi-retired like Vito Corleone before the heart attack. Consiglieri to J.Kb and AWA. I lived in a Gun Control Paradise: It sucked and got people killed. I do believe that Freedom scares the political elites.

“Shouting Fire in a Theater”: The Life and Times of Constitutional Law’s Most Enduring Analogy.

Although Powe was unaware of it, there already was something better. Powe had plausibly assumed that Justice Holmes had invented the theater analogy in Schenck, but this assumption was incorrect. The analogy was first used in the 1918 Cleveland trial of socialist Eugene Debs for violations of the Espionage Act. The prosecuting United States Attorney, Edwin Wertz, argued to the jury that “a man in a crowded auditorium, or any theatre, who yells ‘fire’ and there is no fire, and a panic ensues and someone is trampled to death, may be rightfully indicted and charged with murder.” Wertz’s use of this analogy had been largely forgotten by constitutional historians, but it was noted in a 1919 book about Eugene Debs and discussed in a 1987 article in the Indiana Magazine of History.

“Shouting Fire in a Theater”: The Life and Times of Constitutional Law’s Most Enduring Analogy.

It is a very interesting paper and amazingly easy to read. Not only the legal part, but the historical facts behind the expression are enlightening.

Many thanks to scrappycrow  for sharing the link with us.

Trolling the Cult of HeWillNotDivideUs

I checked with several sources and they all agree that the wording in Russian, Japanese, Arabic and Hebrew correspond with the translations indicated in the picture. Props to the gentleman above for a masterful piece of trolling.

There a video capture of two guys enacting an ISIS decapitation, bit I lost the link. I’ll post it as soon as I find it. The Non Cultists tend to have a more entertaining program that the drones repeating themselves over and over.

 

The danger of senseless sloganeering.

Always check the source, a nice principle to live by even though we (OK, I ) don’t do it 100% of the times. For many years I also repeated this quasi-legal slogan till I got corrected. Last night, it was somebody else’s turn:

The case I mention at the bottom is Schenck v. United States (1919) and the misquoted passage is the opinion of the court written by Justice Holmes:

The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force.

Listen, we are not perfect so expect being corrected. Be open-minded to the corrections, but make sure you are not being led to the primrose patch. Trust but Verify to coin a phrase.

And… don’t be a dick till you have full confidence your opponent deserves it. Some people will actually appreciate the correction even if they will not share your view.

Chris @digitalbrain242 has not returned a comment, nor I expect one that would make sense or be anything else that “YOU ARE A NAZI!” which is the new “You are racist!” And there is a meme for that!

 

This is what the Liberal “Resistance” looks like. (Update)

Portland Airport: The mob attacked a Trump supporter. Somebody landed a “good” punch that knocked him out. Hear the mob celebrate. They are relishing the suffering of the victim.


The Left is now officially thinking they are entitled to exact retribution for your political beliefs. We are in our weird version of Mao’s Cultural Revolution where the enemies of ChiCom were dragged out on the streets and punished by Mob Justice for their heresy.

And this is why you carry… and carry spare mags…. and need to be ready to use them.

Dear Libs: You may want to consider this your warning.

Video found via Alan B.

UPDATE: I found a longer version with what happened prior to the battery.

 

Because we are not frogs or tortoises.

This lady did not like the post Why we won’t “help” you? and  left a barrage of posts in my twitter account. First she went Passive/Aggressive with a good dose of Jewish Mother Guilt trip:

Then she switched to veiled insulting the redneck & wishing him not quite a good life and then stomping out:

Sarah Hoyt had a great set of answers too in her Instapundit post (which graciously linked my site and I thank her). One of her best is:

In other words, what you want help with is beclowning yourselves.  And we think you’re doing a fine job of it all on your own.  Besides, we need both hands for this big a popcorn bowl.

But my particular reason, even if they were right and Trumps turns out to be the Recombined Reincarnation of Hitler. Stalin and Pol Pot is because I am not the frog (or the tortoise if you were raised with the European version) in the well-known fable:

The Scorpion and the Tortoise

A scorpion and a tortoise meet on the bank of a stream and the
scorpion asks the tortoise to carry him across on its back.
The tortoise asks, “How do I know you won’t sting me?”
The scorpion says, “Because if I do, I will die too.”

The tortoise is satisfied, and they set out, but in midstream,
the scorpion stings the tortoise. The tortoise feels the onset of
paralysis and starts to sink, knowing they both will drown,
but has just enough time to gasp “Why?”

Replies the scorpion: “Its my nature…”

I just know that you assholes will behave like the scorpion because that is your nature. You cannot simply allow people to live their lives in peace so they either bow to your ideals or they need to disappear even if they are helping you!

So, short answer: I won’t get stung by the likes of you.