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Incitement to Imminent Lawless Action – 1st Amendment

November 11, 2022 The Truth News

Incitement to Imminent Lawless Action By John R. Vile Many Supreme Court cases upholding restrictions on speech believed to be subversive have relied on the idea that such speech is…

Clarence Brandenburg, 48, an officer in the Ku Klux Klan, left, and Richard Hanna, 21, admitted member of the American Nazi Party, pose for a picture following their arrests, Aug. 8, 1964, Cincinnati, Ohio. Brandenburg was arrested in connection with a KKK meeting in which he made anti-Semitic and anti-black statements and advocated for the possibility of "revengeance." The Supreme Court threw out his conviction and issued a new test: Advocacy could be punished only "where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." (AP Photo)

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The ‘Brandenburg test’ for incitement to violence – 1st Amendment

November 7, 2022 The Truth News

The ‘Brandenburg test’ for incitement to violence In 1969, the U.S. Supreme Court made history by ruling that, to merit conviction, the violence advocated must be intended, likely and imminent.…

An anti-Vietnam War protester, Robert Watts, was prosecuted and convicted for threatening President Lyndon B. Johnson after he said at an anti-war rally, "If they ever make me carry a rifle, the first man I want to get in my sights in L.B.J." The case went to the Supreme Court, which said that Watts' remark was the sort of "political hyperbole" that did not constitute a true threat, and ruled the statute that criminalized threats against the president as unconstitutional on its face. Later, courts used the "Watts factors" in true-threat analysis, considering the context of the threat, the conditional nature and reaction of the listeners. The Watts case came during a time of multiple marches and protests against the war, as the one shown here in Washington D.C. in October 1967 where a sign reads "GET THE HELLicopters OUT OF VIETNAM." (Photo, public domain via Wikimedia Commons)

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True Threats – Virginia v. Black is most comprehensive Supreme Court definition – 1st Amendment

November 5, 2022 The Truth News

True Threats – Virginia v. Black is most comprehensive Supreme Court definition By Kevin Francis O’Neill (Updated June 2017 by David L. Hudson Jr.) In legal parlance a true threat…

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CPRA Request Report / BodyCam Release / Incident Report Request / Other Data from for Orange County California

October 29, 2022 The Truth News

CPRA Request Report / BodyCam Release / Incident Report Request / Other Data from for California and the OCSD WHAT IS THE CALIFORNIA PUBLIC RECORDS ACT? In 1968, the California…

How to Sue the US Government

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How to File a complaint of Police Misconduct ?

October 27, 2022 The Truth News

How to File a complaint of Police Misconduct ? OR ANY OTHER GOVERNMENT OFFICIALS CALIFORNIA PIU3 COMPLAINT ABOUT LAW ENFORCEMENT / POLICE / SHERIFF or other LEO ETC https://oag.ca.gov/sites/all/files/agweb/pdfs/consumers/le_complaint_policy.pdf or…

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Do Grandparents Have Visitation Rights?

October 24, 2022 The Truth News

Do Grandparents Have Visitation Rights? Grandparents Rights to Grandchildren Grandparent Visitation Rights (California Family Code 3102) Are you a grandparent seeking a court ordered visitation with your grandchild? If you…

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Ian J. v. Peter M – Grandparents Rights

October 22, 2022 The Truth News

Ian J. v. Peter M – Grandparents Rights Summary In Ian J., supra, 213 Cal.App.4th 189, the court relied in part on section 3042, which states that when a “a…

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Gerardo Rodarte v. Joseph Gutierrez – falsifying evidence – 5th, 8th & 14th Amendment

October 19, 2022 The Truth News

Gerardo Rodarte v. Joseph Gutierrez Court of Appeals for the Ninth Circuit Date Argued: October 21st, 2022 Duration: 26:25 Docket Number: 21-35973 Judges: NELSON, FORREST, SUNG On 11/24/2021 Gerardo Rodarte…

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Joinder In Family Law Cases – CRC Rule 5.24

October 17, 2022 The Truth News

Joinder In Family Law Cases – CRC Rule 5.24 Rule 5.24. Joinder of persons claiming interest CALIFORNIA RULES OF COURT Family and Juvenile Rules Joinder of Parties 2022 California Rules…

In this Dec. 1, 2014 photo, John P. Elwood, attorney for Anthony D. Elonis, who claimed he was just kidding when he posted a series of graphically violent rap lyrics on Facebook about killing his estranged wife, shooting up a kindergarten class and attacking an FBI agent, speaks to reporters outside the Supreme Court in Washington. The Supreme Court on Monday threw out the conviction of a Pennsylvania man convicted of making threats on Facebook, but dodged the free speech issues that had made the case intriguing to First Amendment advocates. Chief Justice John Roberts, writing for seven justices, said it was not enough for prosecutors to show that the comments of Anthony Elonis would make a reasonable person feel threatened. But the court did not specify to lower courts exactly what the standard of proof for true threats should be. (AP Photo/Susan Walsh, used with permission from the Associated Press)

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Prosecutorial Misconduct, What is it?

October 14, 2022 The Truth News

What, Exactly, Is “Prosecutorial Misconduct”? As the Supreme Court has famously written, the government’s interest in a criminal prosecution “is not that it shall win a case, but that justice…

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