Florida does have an anti-SLAPP law which has some utility, particularly after a rule change. Prior to the rule change, error on an anti-SLAPP motion was unreviewable. Johnston v. Fischer, 369 So.3d 354 (5DCA 2023).
The question is whether a Federal court in Florida will apply the Florida law. Some Federal courts do not follow state anti-SLAPP laws, deeming them purly procedural and ignoring the substantive right to fees for a prevailing defendant.
Defamation is a state-law matter, and to some extent the Erie doctrine ought to apply.
the long-term effect of stacking an entire room full of guys willing to testify in exchange for lesser sentences.
The problem is that such testimony is not reliable, because it is coerced by the state. True, prosecutors often forget to disclose the deals, or structure them so that the final agreement follows testimony so that it need not be disclosed.
People in such situations are willing to testify. What the state ought to be seeking is people willing to testify truthfully, and that can happen if in fact the state happened to get the right defendant. But if the state grabbed the wrong guy, they still get the motivated testimony to convict.
It’s amazing that a country so completely built upon immigration
Not only is it built on immigration, but immigrants and particularly undocumented immigrants are the ones propping up social security. Without them paying in with no expectation of payout, the system would be bankrupt some years sooner than the anticipated 2032 date.
Any Democrat aiming for any kind of office in 2027 and beyond who doesn’t promise to stack the Supreme Court is not a serious candidate
I would limit this to presidential and senatorial candidates. There is little your school board members or tax collector can do to improve the composition of that court.
And, yes, I think the court has beclowned itself. This should have been a five-minute discussion with 9-0 or 7-2 vote.
Remember that U.S. v. Wong Kim Ark, 169 U.S. 649 (28-Mar-1898), was a 7-2 vote, with fear expressed that persons born of U.S. parents travelling abroad might wind up as Englishmen. Id at 707 (Fuller, dissenting).
Objection, facts not in evidence. Supremes are expensive. Look at the cost of the Clarence Thomas motor home, as one among so many costs to maintain judicial companionship.
incentivised to be addicting, in ways that a newspaper and packaged goods cannot be
My age may be showing, but I would not be as happy if there were no newspaper in the driveway each day. The vendors of newspapers count on this as part of their business model.
I seem to recall that Socrates was done for corrupting the youth. Back then, however, the corruption seems to have been filling their heads with unapproved views as to governance.
The popularity of Buc-ee’s is an indictment on American culture
My use of them is based on the fact that they have some of the least expensive gasoline along the highway, at least in the peninsula. Also, the sandwiches, at least at the one in St Johns, seem to be pretty good.
Also, they win for timing. By the time we are up to that area, we are ready to return some used coffee.
attempt to get something to happen on American soil he can use that as an excuse to make that event a “national emergency”
I do not think that elections were canceled or delayed following Pearl Harbor. The U.S. did, however, respond following the attack.
Lesson from Pearl Harbor: bomb someone, they may get angry and strike back. See, for instance, Iran.
I wish I didn’t have to think “the president is going to drop a nuke if he doesn’t get his way”. I really do.
In the past, I do not think that anyone would have been crazy enough to give the real nuclear ``football'' to a senile lunatic. That may no longer be the case.
Global Alliance for Responsible Media (GARM) was a group which tried to help member advertisers direct their ad spend toward things which would not injure their brands.
If the fed govt does not get its act together and properly appoint some US attorneys, there may be problems when defendants start demanding speedy trials.
Aren’t judges supposed to know the law? At least more about it than the average schnook on the street?
Actually ``knowing the law'' is at best impossible. Consider, if you will, a little one-person lawyer shop for practice in one state. The relevant case law takes up over a dozen 8-foot shelves, with the state annotated statutes taking up another.
Obviously this ignores Federal law, have you ever seen a set of Federal annotated statutes? Or even a set of PDFs of the bare statutes? Pretty amazing, but the case references would probably cause the building to sink into the earth.
Know the law? Impossible. Generally the lawyer's job is to find the law and point it out to the judge.
They have been flogging ``roundup ready'' for years, surely the patents will expire.
In the mean time they really abuse those patents. For instance, of pollen from a ``roundup ready'' field drifts across the road to a normal farmer's field, the normal farmer cannot legally replant his crops next year because they are contaminated with GMO genes.
What legal distinction should exist between and citizen and a noncitizen?
The Bill of Rights does not make any such distinction on its face. There are mentions of the ``rights of the people'' which should be protected.
It was understood at the time that people referred to white land-owning males, but that was not generally in the text. It has since been argued that the definion of ``people'' should be expanded to include women and persons who were not white or who did not own land. Citizenship has not historically been included implicitly as a barrier to personhood.
US 1st Amendment provides prohibitions to congress and refers to the ``right of the people to peaceably assembly and to petition''.
US 2nd Amendment provides for the ``right of the people'' to have weapons.
US 3rd Amendment does require land ownership, in that the consent of the owner is required or else the government may not quarter soldiers in their houses.
US 4th Amendment refers to the ``right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures''. Nothing in there distinguishes rented houses from owned houses.
US 5th Amendment contains implicit ownership requirement in ``nor shall private property be taken for public use, without just compensation'', though that is not a land ownership requirement in that personalty may also be taken for public use.
None of the others have citizenship requirements, either.
(yes, preview w/o javascript is still broken in the [not-so-]new techdirt platform)
anti-SLAPP laws
Florida does have an anti-SLAPP law which has some utility, particularly after a rule change. Prior to the rule change, error on an anti-SLAPP motion was unreviewable. Johnston v. Fischer, 369 So.3d 354 (5DCA 2023). The question is whether a Federal court in Florida will apply the Florida law. Some Federal courts do not follow state anti-SLAPP laws, deeming them purly procedural and ignoring the substantive right to fees for a prevailing defendant. Defamation is a state-law matter, and to some extent the Erie doctrine ought to apply.
unreliable testimony
not only built on immigration
nt a serious candidate
bring back old memories
The "Vanilla Ice" music operation might start selling a lot of ICE merch to people whom they never even considered as potential audience members.
inaccuratge comparison
not quite connected to reality
the good old days
I seem to recall that Socrates was done for corrupting the youth. Back then, however, the corruption seems to have been filling their heads with unapproved views as to governance.
alternative theory
not a sure-fire plan
history lesson
may not be good news
using correct tense
other bad things could happen
If the fed govt does not get its act together and properly appoint some US attorneys, there may be problems when defendants start demanding speedy trials.
no need
standard practice
maybe, kinda, sorta
vast body
patents expire
They have been flogging ``roundup ready'' for years, surely the patents will expire. In the mean time they really abuse those patents. For instance, of pollen from a ``roundup ready'' field drifts across the road to a normal farmer's field, the normal farmer cannot legally replant his crops next year because they are contaminated with GMO genes.
bill of rights makes not much distinction at all