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PaperclipPerfector  8mo ago (text post)   27038 thread views

Culture War Roundup for the week of December 11, 2023

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The first amendment bit is likely irrelevant. That said, showing that it's an insurrection is still probably a fairly steep bar.

Of course, Trump did try to cheat his way to staying in office (assuming he didn't actually believe the fraud claims, I don't know), but that's not any of the things the 14th amendment bars from office for, as best I read it.

The first amendment bit is likely irrelevant.

If his words are at issue, the First Amendment cannot be irrelevant.

That said, showing that it's an insurrection is still probably a fairly steep bar.

It's just assumed as the default now, with a very high bar required to overcome it. This is entirely backwards but is the power of the left's control of the institutions.

If his words are at issue, the First Amendment cannot be irrelevant.

My own inclination is to think that Baude and Paulsen were basically right on the legal analysis, but not on its applicability to Jan. 6.

They argue for a view intermediate between saying it's limited by the 1st amendment, or that it supersedes it, saying that you should interpret it narrowly in order to understand it in the extent possible, consistent with the first amendment, but if they conflict, then the 14th amendment should be the one you follow.

So you're right, it's not irrelevant, but it's probably possible for someone to do things that would both be protected speech under the first amendment and sufficient from the 14th amendment to exclude from office.

It's just assumed as the default now, with a very high bar required to overcome it. This is entirely backwards but is the power of the left's control of the institutions.

Yes, unfortunately.

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