Thursday, April 23, 2015

Release the dogs of law!!!

This could be a good development, and one in my wheelhouse:

//The Supreme Court is also being asked to consider the propriety of the Seventh Circuit’s alternative ruling that a viable First Amendment claim cannot be grounded in an assertion of retaliatory, bad faith investigation– a question the Supreme Court has unfortunately punted since its obscure footnote 9 in Hartman v. Moore (2006).   Since Hartman, five federal appellate courts have disagreed with the Seventh Circuit, and concluded that any retaliatory investigation that would deter a reasonable person from exercising his First Amendment rights is, in fact, actionable.  And this is as it should be:  just consider the IRS scandal, in which the agency has targeted tea party groups for investigation and scrutiny, all in an attempt to chill those groups’ First Amendment activities.  Retaliatory investigation is the quintessential abuse of government power, and it must be actionable lest John Doe-type investigations become a model for intimidating those who dare to participate in the political process.

If the Supreme Court cares about vigorously defending the First Amendment–and recent cases have suggested it does– the O’Keefe case warrants review, to set the record straight about abstention in federal civil rights cases, and to close the gaping First Amendment loophole (disallowing retaliatory claims) endorsed by the 7th Circuit.//

Given our "Everyone commits three crimes a day" justice system, we need a change in law that prevents ideologically driven prosecutors from targeting people to prosecute.


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