Monday, October 11, 2010

Funeral Protests

Like you have surely seen or heard, Phelps' followers are causing a lot of racket - at funerals - about how America's support of homosexuality is the reason why God is allowing our soldiers to be killed.

Commonly understood as a "crazy" message, no doubt. But is it protected under the 1st Amendment?

It has been said that hard facts make bad law, and that definitely fits here. On one hand, you have the need to protect the ability of those resting (and their families) to rest in peace. On the other, there's the need to protect one of the freedoms our soldiers die(d) to protect - freedom of speech.

Justice Holmes once said that "even the most expansive interpretation of the 1st Amendment does not permit one to run into a crowded theater and falsely shout 'fire'." - his way of saying that no right, not even the 1st Amendment, is absolute. However, Justice Brennan effectively countered saying (paraphrase) "a core principle of the 1st Amendment is simply because a large portion of society finds certain language 'offensive' does not mean it should be prohibited" - his way of saying the 1st Amendment should closely guarded.

The opposition to these funeral protests are content based - which is subject to a strict scrutiny standard (rarely trumps the right of freedom of expression guaranteed in the 1st Amendment). Further, the opposition likely fails the time/place/manner test because these protests occur at a distance (sometimes miles away from the actual funeral). By jurisprudential standards, there is no real threat of incitement, fighting words, trespassing, violation of noise ordinances, etc. These protests are conducted in a way which allow expression of their message (however whacky society may deem it to be) while still allowing for a peaceful (at least on-site) funeral ceremony to be conducted.

So, how do we honor our troops best (assuming that is the right question to ask)? By protecting one of the core freedoms for which they died defending? Or by quieting these protests as being disrespectful of their service?




Tuesday, December 8, 2009

Tuesday, December 1, 2009

Wednesday, November 18, 2009

Law School Look Alikes Part 2

Tweeter from Varsity Blues
J-Love (again)
John Stamos
McGuffy
Coach Lane Kiffin

Hron

Andy Samberg

West

Chris from Family Guy

Gieske

Bart Simpson



OK, Maybe not....

Tuesday, November 17, 2009

Law School Look Alikes- Part 1

Have you ever had that feeling when you run into someone and you feel like you have known them for years in a previous life? I feel that way everyday as I walk through the law school. I have figured out why, many of our fellow classmates and friends have some pretty notable doppelgangers. Don't be offended

Beaux

Rip Hamilton

Russ
Harry Potts

Fell

Richard Simmons
Trew

Owen Wilson

Lit

Six Flags Guy

J- Love
Bennie "The Jet" Rodriguez - The Sandlot


Law School Stabber
Non-Existent

Fleshane (basketball version)

Carrot Top (basketball version)


Feel free to comment with suggestions.

Monday, November 16, 2009

The Hmuan Mnid


I cdnuolt blveiee taht I clouod aulaclty uesdnatnrd waht I was rdanieg. The phaonmneal pweor of the hmuanmnid. Aoccdrnig to a rscheearch at Cmabrigde Uinervtisy, it deson't mttaer in waht oredr the ltteers in a wrod are, the olny iprmoatnt tihng is taht the frist and lsat ltteer be in the rghit pclae. The rset can be a taotl mses and you can sitll raed it wouthit a porbelm. Tihs is bcuseae the huamn mnid deosnot raed ervey lteter by istelf, but the wrod as a wlohe.

Pterty Ferkain' Amzanig!!!

Friday, November 13, 2009

Where have all the heroes gone?


Our Generation...



This Generation...



Don't get me wrong, I am the first to respect good literature, but you have to see the difference a few years can make. The kids growing up today may turn out better than we did. Who knows I have just been noticing the differences between the people I looked up to and the people that today's adolescents idolize. I guess one of the most glaring differences that I have seen lately was when I walked into subway to get the usual (i came here to be healthy, but damn that chicken breast, pepperoni, cheese, and bacon looks so much better without vegetables). Everyone knows Jared. He has been the face of one of the most successful advertising campaigns in recent history, and I must admit he makes me want to eat a sandwich. Now think back a few years. When I was younger, what was the one thing that I wanted to eat. Slim Jim! Macho Man Randy Savage was the biggest badass on the planet and he made me think that if I ate that beef jerky I wouldn't be such a p****. Then Randy Savage was replaced by Carrot Top, Carrot Top got canned and got on steroids and now Jared is the face of food advertising. I don't really know where I am going with this post but times have changed. Have they changed for better or for worse. Now instead of camping outside of the Monroe Civic Center to get front row WCW Monday Night Nitro Tickets, kids are camping outside of Barnes and Noble to find out what new spells the Hogwarts are casting. The Ultimate Warrior and Sting v. Harry Potter and Brody Jenner? Zack Morris v. Spencer? The Hardy Boys v. Twilight? American Gladiator v. American Idol? Legends of the Hidden Temple v. Survivor? I choose the former in all of those.

I am not saying that kids will turn out like their childhood heroes. If that were the case, then I would shed the capris pants for tassles, steroids, and facepaint. But who you look up to goes a long way in your development. For many years I thought I was a badass and if anyone messed with me they would fall victim to the "figure 4" or the "lion tamer." That feeling set the stage for my life lessons of humilty after I found out that wrestling moves didn't work on real bullies and my best bet was to hide my head under the bleachers as the 16 yr old 6th grader whooped my overconfident tail. I am not sure what is going to happen to a kid when he tries to pull some hocus pocus shit on the class bully. Maybe he will learn the same lessons I did. I can't wait to see if the differences between generations actually turn into something. Our parents probably looked at the things we watched and did growing up and scoffed just as I am, but damn I sure would like to see a tag team battle between the Road Warriors (Hawk and Animal) and the Freedom Fighters (Sting and The Ultimate Warrior) on TV instead of a reality TV show with a bunch of west coast trust fund babies.

You Choose....


OR