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A Case of Hope Over Experience: The J6 Referral Falls Short of a Credible Criminal Case

JonathanTurley

Yet the last hearing seemed to focus on a number of things that did not occur, from a draft tweet that was not sent to an executive order that was never signed. The problem is that crimes actually require satisfaction of underlying elements and cannot be proven by soundbite or desire alone. At 4:17 p.m., In Brandenburg v.

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New Jersey Woman Triggers Free Speech Case With Profane Anti-Biden Signage

JonathanTurley

California in which it overturned the conviction of Paul Robert Cohen for the crime of disturbing the peace by wearing a jacket declaring “F**k the Draft” in a California courthouse. Ohio , the Court could not even agree on a clear reason why a porn film was not so obscene as to allow prosecution.

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“The First Amendment Does Not Apply”: A Response To The Letter Of Scholars In Rejecting Trump Arguments Under The First Amendment

JonathanTurley

However, that is not the argument that has been raised by many of us about the implications of this poorly drafted article of impeachment. Constitutional rights and values are always relevant to an impeachment. 6 th constitutes actual incitement to insurrection. Ohio which are ultimately First Amendment cases.

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How A Snap Impeachment Could Shatter Our Constitutional Balance

JonathanTurley

The most obvious is the 1918 prosecution of socialist Eugene Debs, who spoke passionately against the draft in World War I and led figures like President Wilson to declare him a “traitor to his country.” Such marches are common — on both federal and state capitols — to protest or to support actions occurring inside.