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Subject: "Bandannas, etc." This topic is locked.
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janey
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Wed Oct-11-00 03:27 PM

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59. "Bandannas, etc."
In response to In response to 53


  

          

Some time when you're really bored, dig up and read the oral arguments before the Supreme Court on the most recent flag burning case. There's a book/cd called "May It Please the Court" that has parts of the oral arguments for some important cases, and I'm pretty sure this one's in there.

They're examining a law that criminalizes flag-burning, to see whether it's an unreasonable government restriction on political speech (it is), and part of the concern is whether the statute is overbroad -- like would it criminalize something that it didn't intend to make illegal. There's this whole line of questioning in which Scalia says, "Well, what if it was a shirt with the stars and stripes on it? Would that be illegal? What if it was one of those little paper flags they put on cupcakes? Would that be illegal? What if it's a real flag and I accidentally let it touch the ground? I was told in elementary school that I should burn any flag that touched the ground -- so would that be illegal?"

It's really instructive. Also, it's a real lesson in what really goes on in oral argument. The Supreme Court makes its decisions based on the briefs and the transcript of the case that's been appealled, on the oral arguments made before it, and on discussions among the members of the Court. The discussions are completely private, and you can glean from the opinion what part of the written record may have been influential, but it's the oral argument that really gives you insight into the way the Court thinks.

Peace.

~ ~ ~
All meetings end in separation
All acquisition ends in dispersion
All life ends in death
- The Buddha

|\_/|
='_'=

Every hundred years, all new people

  

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WTF is up with Dead Prez.... [View all] , netbomber, Mon Oct-09-00 10:54 AM
 
Subject Author Message Date ID
Don't like America? Move!
Trey
Oct 09th 2000
1
why
Oct 09th 2000
2
RE: why
Trey
Oct 09th 2000
3
RE: why
Oct 09th 2000
11
RE: why
Oct 10th 2000
51
      That's Right
Kahoona
Oct 12th 2000
68
Darlink!
Oct 18th 2000
77
Why should we leave
Oct 09th 2000
4
RE: Why should we leave
Trey
Oct 09th 2000
6
WEWEWEWEWE
Oct 09th 2000
8
hi.
Oct 09th 2000
10
Canada, for starters.
Oct 09th 2000
28
RE: Why should we leave
Oct 10th 2000
49
when u heard DP on the radio?
Oct 11th 2000
62
To quote Big Rude
Oct 11th 2000
55
check it.....
Oct 17th 2000
73
RE: Don't like America? Move!
Oct 17th 2000
74
RE: Don't like America? Move!
Sanity4you
Oct 20th 2000
78
IF YOU CANt OR REFUSE HEAR THE MESSAGE
Oct 09th 2000
5
It's a flag get over it........
Lysithya
Oct 09th 2000
7
RE: It's a flag get over it........
netbomber
Oct 09th 2000
21
      RE: It's a flag get over it........
Oct 09th 2000
25
RE: WTF is up with Dead Prez....
Oct 09th 2000
9
okayplayer is extremely fortunate
Oct 09th 2000
17
Wow...
Oct 09th 2000
18
Thanx...
netbomber
Oct 09th 2000
20
RE: WTF is up with Dead Prez....
Oct 09th 2000
12
also
Oct 09th 2000
13
      RE: also
Oct 09th 2000
14
      Yo
Kahoona
Oct 12th 2000
69
Eff the Flag!!
Oct 09th 2000
15
RE: Eff the Flag!!
netbomber
Oct 09th 2000
22
      ummmm....
Oct 09th 2000
24
      very true
Oct 10th 2000
41
           p.s.
Oct 10th 2000
42
                just a reminder...
Oct 10th 2000
44
                     methinks they're just getting primed ...
Oct 10th 2000
48
      RE: Eff the Flag!!
Oct 09th 2000
26
      excuse all the typos and verb mistakes above n/m
Oct 09th 2000
27
      word
Oct 10th 2000
38
      Hitler?
Oct 10th 2000
46
didn't bother me
Oct 09th 2000
16
I admit... I was shocked...
Oct 09th 2000
19
FUCK THAT FLAG!!!!
Oct 09th 2000
23
Man...
Oct 10th 2000
35
YOU ARE SOOO RIGHT
dobopwee
Oct 10th 2000
54
sweetness
Oct 10th 2000
29
a political statement
Oct 10th 2000
30
It was even phatter live... n/m
Oct 10th 2000
31
      If that ain't the truth
Oct 10th 2000
33
           word
Oct 10th 2000
39
           u never seen a fire burn so bright?
Oct 10th 2000
43
I'll spit
Oct 10th 2000
32
u coming to philly?
Oct 10th 2000
34
      Yes, Saturday
Oct 10th 2000
36
           RE: Yes, Saturday
Oct 10th 2000
37
                What Was
Oct 10th 2000
40
an interesting contradiction
Oct 10th 2000
45
Good point but...
Oct 10th 2000
47
RE: Activist action!
Oct 10th 2000
50
RE: an interesting contradiction
Qnbei
Oct 10th 2000
52
agreed....
Oct 11th 2000
56
my theory on this
Oct 11th 2000
58
Why...
netbomber
Oct 10th 2000
53
RE: WTF is up with Dead Prez....
Jahmel
Oct 11th 2000
57
RE: WTF is up with Dead Prez....
wisdomfc
Oct 11th 2000
60
RE: WTF is up with Dead Prez....
Oct 11th 2000
61
oopps..
netbomber
Oct 11th 2000
63
RE: WTF is up with Dead Prez....
Oct 20th 2000
80
RE: WTF is up with Dead Prez....
joutofNC
Oct 12th 2000
64
heres how I feel about dead prez
Oct 12th 2000
65
RE: heres how I feel about dead prez
Oct 20th 2000
79
RE: WTF is up with Dead Prez....
Kahoona
Oct 12th 2000
66
Weeelllll...
Oct 12th 2000
71
      Okay, but
Kahoona
Oct 17th 2000
76
RE: WTF is up with Dead Prez....
Oct 12th 2000
67
a DIFFERENT light....
Oct 12th 2000
70
RE: WTF is up with Dead Prez....
REN
Oct 16th 2000
72
RE: WTF is up with Dead Prez....
Oct 22nd 2000
82
RE: WTF is up with Dead Prez....
Distilled Spirits
Oct 17th 2000
75
Their eyes are open, that's what.
Oct 20th 2000
81
RE: WTF is up with Dead Prez....
Oct 22nd 2000
83

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