[Josh Blackman] What Do “Many” of the 140+ Law Professors Think About the First Amendment and Impeachment?

[This letter is not unanimous. Indeed, the signatories are quite fractured about impeachment, the First Amendment, and Brandenburg] On Friday, nearly 150 law professors signed a statement about President Trump’s First Amendment defenses.

Source: [Josh Blackman] What Do “Many” of the 140+ Law Professors Think About the First Amendment and Impeachment?

If you laid 140+ law professors end-to-end, would they reach a conclusion?


TRUMP’S SPEECH WAS NOT INCITEMENT TO IMMINENT LAWLESS ACTION. Not if words and precedent have any meaning. You don’t need to be a lawyer to figure this out – read it for yourself. The entire media and political apparatus (apparently including the interim dean of Cornell Law School) is determined to gaslight you into believing it was. But you are not the crazy one.

And, as a lawyer, I really hate to say this, but it’s now wildly apparent you can’t trust our legal system on anything even remotely political either. Don’t expect sanity from that quarter.


Trump’s Rally Speech Was Not Illegal “Incitement”

Former Prosecutor Jeffrey Scott Shapiro: “The president didn’t commit incitement or any other crime. I should know. As a Washington prosecutor I earned the nickname ‘protester prosecutor’ from the antiwar group CodePink.”

The post first appeared on Le·gal In·sur·rec·tion .

Source: Trump’s Rally Speech Was Not Illegal “Incitement”

Impeachment has now become a “vote of confidence” maneuver, only unlike the British system, the opposition party gets a vote.

I think this might be another example of Dennis Prager’s statement that “The Left Ruins Everything It Touches”.

The claim that Parler represents some unique risk to public safety is a lie driven by politics

That some people post threats in violation of policy is not at all unique to Parler. Twitter has had a longstanding and pervasive problem with threatening conduct and threats, so much so that Amnesty International calls it Toxic Twitter, and wrote reports on violent language directed at women on Twitter, and Twitter’s failure to remove death threats. Not that long ago Twitter hosted accounts for the military wing of Hamas, and related entities (I know, I used to check the accounts when something was happening in Gaza).

If you have spent any time on Twitter, and I’ve spent a lot, it is a cesspool of hate and conspiracy theories, particularly related to so-called Russia Collusion. The notion that Parler is worse is a fabrication.

Facebook has deep problems with terrorist groups organizing on its platform, so much so that it deletes millions of pieces of terrorist information a year but cannot keep up…

Source: The claim that Parler represents some unique risk to public safety is a lie driven by politics


1) No, Trump did not incite a riot:

Under the Supreme Court’s First Amendment precedents, inflammatory speech can be punished only in narrowly defined circumstances that go beyond what happened on Wednesday. Under federal law, incitement to riot does not include “advocacy of ideas” or “expression of belief” unless it endorses violence, which Trump did not do…

…[Trump] urged his followers to “show strength” and “take back our country” by “marching over to the Capitol building” and “demand[ing] that Congress do the right thing.” The “right thing,” according to Trump, was overturning the election results by rejecting electoral votes for Biden.

I believe that Trump sincerely believes he won the election and that it happened as a result of fraud. I have supported his fight to have the evidence of that given a fair hearing in the court system, but I think he should have allowed January 6th’s events to play out without his input.

Source: Roundup

Most of the people calling what Trump did “incitement” are the sorts who are ready to commit violence merely because Trump exists.

[Eugene Volokh] “Free Speech Rules,” My New YouTube Video Series — Episode 1 (Speech in Schools) Now Out

Please share it widely — there will be at least nine more in the upcoming months. Thanks to a generous grant from the Stanton Foundation , and to the video production work of Meredith Bragg and Austin Bragg at Reason.tv, I’m putting together a series of short, graphical YouTube videos — 10 episodes to start with — explaining free speech law.

Source: [Eugene Volokh] “Free Speech Rules,” My New YouTube Video Series — Episode 1 (Speech in Schools) Now Out

Tommy Robinson – The Beginning Of The End Of British Justice

Britain, once the champion of the rule of law and due process no longer is, and it’s official.

Tommy Robinson is a well known journalist and activist who opposes the Islamization of the UK.

Yesterday, he was video taping and adding commentary outside the courtroom where one of the three trials is being held for the Muslim sex grooming gangs who raped and forced over a thousand girls into prostitution. This is something the authorities were fully aware of but only chose to take action against when coverage of what was going on finally shamed them into it.


And now back to l’Affaire Tommy Robinson. What he was doing was standing outside the court dealing with the second trial, and commenting on the trial and what it meant, something quite appropriate since he was one of the first to report originally on the Muslim Sex grooming gangs and demand the UK do something about it, years before the British police took action.

There were only a few people standing outside the court. Things were quiet.

Then a large police van pulled up, and 7 police mobbed him without warning, arrested him for ‘disturbing the peace’ and threw him in jail. In less than six hours, he was sentenced to thirteen months in prison.

This was done without his lawyer receiving notice or having time to prepare any defense.

Even worse, the judge, one Geoffrey Marson QC, ordered an Orwellian media blackout – which resulted in British media and online publications deleting their articles from the web covering Robinson’s arrest…just as they have been ordered not to publish anything regarding the trials. If you live in the UK, you probably will not be able to read this article online.

If this sounds familiar, it’s exactly how Hitler and Stalin acted and how other totalitarian governments still act today – a sudden arrest, a quick ‘trial’ if you can call it that and an equally quick imprisonment without even a nod towards due process. An enemy of the State has been identified and removed and all mention of him or what happened to him is now forbidden.

Source: Tommy Robinson – The Beginning Of The End Of British Justice

“For one brief, shining moment that was known as Camelot”