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Tue. Feb 25th, 2025

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9.3 Section 1983 Claim Against Defendant in Individual Capacity —Elements and Burden of Proof

November 23, 2022 The Truth News

9.3 Section 1983 Claim Against Defendant in Individual Capacity —Elements and Burden of Proof In order to prevail on § 1983 claim against the defendant , the plaintiff must prove…

United States court of appeals Judge Learned Hand (left) administers oath of office to federal Judge Lawrence E. Walsh who is stepping into post of U.S. Deputy attorney general in 1957. Hand is responsible for the gravity of the evil test, a refinement of the clear and present danger test, which determines when free speech may be subject to criminal prosecution. (AP PhotoJJL, used with permission from the Associated Press.)

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Gravity of the Evil Test – 1st Amendment

November 21, 2022 The Truth News

Gravity of the Evil Test The gravity of the evil test is a refinement of Justice Oliver Wendell Holmes’s clear and present danger test for determining when the First Amendment…

District Attorney Todd Spitzer at a debate on May 4, 2022. Credit: JULIE LEOPO, Voice of OC

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Is Orange County’s DA Hiding Evidence of Racial Bias in Prosecutions?

November 17, 2022 The Truth News

Is Orange County’s DA Hiding Evidence of Racial Bias in Prosecutions? This summer, a judge ruled Orange County DA Todd Spitzer violated a law against prosecutors showing racial bias –…

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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Brandenburg v. Ohio (1969) – 1st Amendment

November 17, 2022 The Truth News

Brandenburg v. Ohio (1969) – Brandenburg Test Ruling – 1st Amendment In Brandenburg v. Ohio, 395 U.S. 444 (1969), the Supreme Court established that speech advocating illegal conduct is protected…

Former President Donald Trump greets supporters before speaking at a rally, Thursday, Nov. 3, 2022, in Sioux City, Iowa. (AP Photo/Charlie Neibergall) (AP)

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Donald Trump announces 2024 re-election run for president

November 16, 2022 The Truth News

Former President Donald Trump announced his third presidential bid. (Justin Sullivan/Getty Images) Donald Trump announces 2024 re-election run for president Former President Donald Trump announced his third presidential bid one…

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Can I Post a Cops Address?

November 14, 2022 The Truth News

Can I Post a Cops Address? YOU CAN IF…… , If there is no TRUE-THREAT attached and the copy of the assessment roll that is located in an assessor’s office…

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Praying the rosary: Understanding the tradition that helps Catholics meditate on Jesus and Mother Mary

November 13, 2022 The Truth News

Praying the rosary: Understanding the tradition that helps Catholics meditate on Jesus and Mother Mary ‘Perhaps the rosary can bring the world together,’ said a Rhode Island faith practitioner Watch…

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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)

1st Amendment Corruption Over the Years Evidence Guidelines and help Laws Legal News The Motivation Rights Self Help Supreme Court - SCOTUS Tort

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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