BK101
Knowledge Base
Human Rights
Declaration of Independence is a document that declared why the 13 American colonies had to become independent of Britain and had to be free in order to protect the colonists’ rights. If a government does not protect the rights of citizens, people have the right to form a new government. People have certain inalienable rights including Life, Liberty and Pursuit of Happiness. All Humans are created equal. Individuals have a civic duty to defend these rights for themselves and others. Declaration of Independence was adopted by the Continental Congress on July 4, 1776, but America was not officially independent until seven years later in 1783. PDF - Declaration of Independence (US History) "We Hold these Truths to be Self-Evident, that all men are Created Equal, that they are endowed by their Creator with certain Inalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness."
Constitution - Civil Rights - Bill of Rights - UN Declarations - Human Values - Public Interest Law - Freedom of Speech - Due Process - Amnesty - Democracy - Solidarity
Liberty
Liberty is having freedom of choice and personal freedom from servitude or confinement or oppression. Liberty is having immunity from arbitrary exercise of authority. Liberty is having political independence. Liberty involves free will as contrasted with determinism. In politics, liberty consists of the social and political freedoms to which all community members are entitled. The power to act or speak or think without externally imposed unjustified or unfair restraints. Negative Liberty is freedom from interference by other people and freedom from external restraint on one's actions. Positive Liberty is the possession of the capacity to act upon one's free will and having the possession of the power and resources to fulfill one's own potential. A concept of positive liberty may also include freedom from internal constraints. Libertarianism is a collection of political philosophies and movements that uphold liberty as a core principle. Libertarians seek to maximize political freedom and autonomy, emphasizing freedom of choice, voluntary association, and individual judgment.
Liberation is the act of setting someone free from imprisonment, slavery, or oppression. To be release from constraint. Having freedom from limits on thought or behavior.
Agency - Equality - Independent - Free the Mind - Libertarian - Amnesty
Liberate is to grant freedom to someone and free them from confinement. To give equal rights to women and minorities. To release someone from a state or situation that limits freedom of thought or behavior. To set someone free from a situation, especially imprisonment or slavery, in which their liberty is severely restricted. To free a country, city, or people from enemy occupation.
Freedom
Freedom is described as being free from oppression and coercion, and having immunity from frivolous exercise of authority, as well as the absence of disabling conditions for an individual and the fulfillment of enabling conditions, or the absence of life conditions of compulsion, e.g. economic compulsion, in a society. Although political freedom is often interpreted negatively as the freedom from unreasonable external constraints on action, it can also refer to the positive exercise of rights, capacities and possibilities for action and the exercise of social or group rights. The concept can also include freedom from internal constraints on political action or speech (e.g. social conformity, consistency, or inauthentic behaviour). The concept of political freedom is closely connected with the concepts of civil liberties and human rights, which in democratic societies are usually afforded legal protection from the state. Political freedom is a central concept in history and political thought and one of the most important features of democratic societies.
Freedom is being free in having the power to act at will, and to speak or think without externally imposed restraints that are proven to be unfair, biased or harmful. To not be held in servitude and to have immunity from unfair obligations or unfair duties that would hamper progress and reduce creativity and balance.
Free is being able to act at will. It's not being hampered, and not under compulsion or restraint. Not held in servitude. Not taken up by scheduled activities. Release from obligations or duties. Remove or force out from a position. Grant relief or an exemption from a rule or requirement to. To make information available for publication. Freedom of Speech.
Free Energy - Spontaneous Generation - For every Action is an opposite Reaction
Free Will is the ability to choose between different possible courses of action. Having sovereignty and agency. To be creative and have divergent thinking.
Leeway is the amount of freedom to move or act that is available. Allowing some freedom to move within limits. A permissible difference. Leeway is the amount of drift motion to leeward of an object floating in the water caused by the component of the wind vector that is perpendicular to the object’s forward motion.
Give Me Some Slack is to give someone liberty and freedom, or to sometimes allow someone to do something that is not usually allowed. To treat someone in a less harsh or critical way. Not to judge someone as severely as you usually would because they are having problems at the present time.
Emancipation is freeing someone from the control of another person, or freedom from legal or political restrictions, or to free a person from a previous restraint or from a legal disability. Emancipation is any effort to procure economic rights and social rights, political rights or equality, often for a specifically disenfranchised group. Emancipate is to give equal rights to women and minorities. To free people from slavery or servitude.
Freedom does not include the freedom to be abusive or the freedom to be a scumbag who spread lies and hate. Freedom is a responsibility. Freedom gives you choices, but if you make the wrong choices, then freedom can do more harm than good. Freedom is like having power. Both power and freedom can do more harm than good when they are misused. The freedom of choice is only effective when the choice you make is good, right and logical. So you need to learn how to choose correctly and accurately. Choosing wisely is a skill, and skills need to be learned, which makes learning an extremely important responsibility too. One of the best types of freedom is when you free yourself from your own ignorance, and you free yourself from being negatively affected by abusive people. You can't allow ignorant behavior to get under your skin. If you are going to protect freedom, you must first protect yourself. It's a great feeling when you can control how you feel, instead of letting other people control how you feel. Be good, and be good at it. Everyone should have the freedom to do what they need to do, just as long as it does not infringe on the freedoms of other people who also need to do what they need to do. You can't be free to do what you want if it stops other people from being free to do what they want. You can't be free to pollute the water if people have the right to drink clean water. You need Consent. Freedom is a right just as long as you are right. Don't act like a criminal or influence other people to behave badly. You have freedoms, but not the freedom to exploit laws or inflict harm or intrude on other peoples freedoms. You Don't Own Me - Lesley Gore (youtube).
Freedom in the World Index measures the degree of civil liberties and political rights in every nation and significant related and disputed territories around the world. List of Freedom Indices are produced by several non-governmental organizations that publish and maintain assessments of the state of freedom in the world, according to their own various definitions of the term, and rank countries as being free, partly free, or using various measures of freedom, including civil liberties, political rights and economic rights. Racism - Segregation.
Rights
Rights are the legal, social, or ethical principles of freedom or entitlement. Rights are the fundamental normative rules about what is allowed of people or owed to people, according to a legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology, which is the normative ethical theory that the morality of an action should be based on whether that action itself is right or wrong under a series of rules, rather than based on the consequences of the action. Rights are often considered fundamental to civilization, being regarded as established pillars of society and culture, and the history of social conflicts can be found in the history of each right and its development. Right should be right, and not every law is right. This is why we have repeals and amendments. Humans don't always get things right the first time. And not every human follows the law. This is our current reality until we change it.
Civil Rights - Bill of Rights - Inalienable Rights - Universal Declaration of Human Rights - Copyrights - Protection from the Abuse of Power - No Unfair Restrictions - Natural Law
Personal Rights are the rights that a person has over their own body. Rights as of personal security, personal liberty, and private property appertaining to the person. Among personal rights are associated rights to protect and safeguard the body, most obviously protected by the torts of assault and battery. Furthermore, aspects of personality are protected, such as a person's reputation and honor, by the tort of defamation, and legislation protecting the privacy of individuals, and freedom of movement.
Right of Self Defense - Right of Home Defense - Right of Asylum - Sovereignty - Right to Clean Water - Fourth Amendment - Right to Assemble - Right to Protest - Right of Due Process - Right to a Fair Trial - Right to be Silent – Right to Speak - Right of Free Press - Right to Privacy - Right to Die - Public Interest Law - Freedom of Thought - Freedom of Conscience - Freedom of Movement - Right to Education - Freedom of Religion - Freedom of Association - Freedom of Expression
My Body, My Choice is the right to defend an individual's right of self determination over their bodies for sexual, marriage and reproductive choices as rights. Vaccinations - Seatbelts.
Freedom of Choice describes an individual's opportunity and autonomy to perform an action selected from at least two available options, unconstrained by external parties.
Bodily Autonomy is defined as the right to make decisions about your own body, life, and future, without coercion or violence. It includes deciding whether or not to have sex, use contraception, or go to the doctor.
Bodily Integrity is the Not capable of being violated dishonored, or infringed of the physical body and emphasizes the importance of personal autonomy, self-ownership, and self-determination of human beings over their own bodies. In the field of human rights, violation of the bodily integrity of another is regarded as an unethical infringement, intrusive, and possibly criminal
Self-Ownership is the concept of property in one's own body, often expressed as the moral or natural right of a person to have bodily integrity meaning the exclusive right to control one's own body including one's life, where 'control' means exerting any physical interference and 'exclusive' means having the right to install and enforce a ban on other people doing this.
Personality Rights or the right of publicity, are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers. They are generally considered as property rights, rather than personal rights, and so the validity of personality rights of publicity may survive the death of the individual to varying degrees, depending on the jurisdiction.
Self-Determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage or right to vote.
If every child born was automatically designated a corporation, then every citizen would have the same rights as corporations.
Natural Rights are those that are not dependent on the laws or customs of any particular culture or government, and so are universal and inalienable. Natural laws cannot be repealed by human laws, though one can forfeit their enforcement through one's actions, such as by violating someone else's rights.
Legal Rights are those bestowed onto a person by a given legal system, which can be modified, repealed, and restrained by human laws.
Legal Recognition of some status or fact in a jurisdiction is formal acknowledgement of it as being true, valid, legal, or worthy of consideration and may involve approval or the granting of rights.
Human Rights are moral principles or norms, which describe certain standards of human behavior, and are regularly protected as legal rights in municipal and international law. They are commonly understood as inalienable fundamental rights "to which a person is inherently entitled simply because she or he is a human being," and which are "inherent in all human beings" regardless of their nation, location, language, religion, ethnic origin or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They require empathy and the rule of law and impose an obligation on persons to respect the human rights of others. They should not be taken away except as a result of due process based on specific circumstances; for example, human rights may include freedom from unlawful imprisonment, torture, and execution. Genocide.
Human Rights Measurement is a global initiative to track the human rights performance of countries.
Fundamental Rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in a constitution, or have been found under due process of law.
Economic and Social Rights Empowerment Initiative - Watch Dogs - Democracy Index
Universal Law or Sovereign Law trumps all others.
1. No man or woman, in or out of government shall initiate force, threat of force or fraud against my life and property and, any and all contracts I'm a party to not giving full disclosure to me whether signed by me or not are void at my discretion.
2. I may use force in self-defense against anyone that violates Law.
3. There shall be no exceptions to Law 1 and 2.
Economic, social and cultural rights are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognized and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfill economic, social and cultural rights and are expected to take "progressive action" towards their fulfillment.
Concession is a grant of rights, land or property by a government, local authority, corporation, individual or other legal entity.
Entitlement is a provision made in accordance with a legal framework of a society. Typically, entitlements are based on concepts of principle which are themselves based in concepts of social equality or enfranchisement. A government program guaranteeing access to some benefit by members of a specific group and based on established rights or by legislation. Not the same as believing that you are entitled to privileges or special treatment
Privilege in Legal Ethics is a certain entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis.
Prerogative is a right or privilege exclusive to a particular individual or class.
The Basics - Food - Water - Shelter - Energy - Education.
International Human Rights Law is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.
Universal Declaration of Human Rights
International Humanitarian Law is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants. The law that regulates the conduct of war and uses a set of rules that seek to limit human suffering and stop the restricting of humanitarian aid.
War Criminals - Genocide
A person can only have rights when other people are aware of those rights and do not violate those rights. So human rights are not a given and not a guarantee. People and governments can violate human rights almost at any time. So in order to have rights you must educate people and inform people to the highest standard and degree possible, and not just to educate people about rights, but too protect human rights and enforce human rights so that no one is above the law. Ignorance is the biggest threat to humanity and peoples rights. Passive is no longer an option.
Fairness
Fair is something that has no favoritism or self-interest or bias or deception, and is also in accordance with established standards or rules. Fair is something that is equal, something that has no illogical imbalances. Something honest.
Fairness is impartial and just treatment without favoritism or discrimination.
Fairer is someone who is free from favoritism or self-interest or bias or deception. Someone who judges things based on facts instead of fiction. Someone who shows respect by conforming with established standards or rules that are applied to everyone equality. Someone who is not excessive or extreme. Someone who is very pleasing to the eye. Having few alterations or corrections. Hair or skin that is pale or light-colored. Free of clouds or rain.
Impartial is being free from undue bias or preconceived opinions. Impartiality is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another for improper reasons.
Even Playing Field or Level Playing Field is a concept about fairness where each player has an equal chance to succeed as long as everyone plays by the same set of rules. There should be no external interference that affects the ability of the players to compete fairly. If the rules affect different participants differently, then they are not actually the same.
Equality - Having a Voice - To be Heard - To Contribute - Not privileged but worthy of respect.
Good Faith is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction.
Direct Democracy - Openness - Fair Use - Accountability
Fair and Equal Justice for Everyone (laws)
Equal Opportunity is a state of fairness in which job applicants are treated similarly, unhampered by artificial barriers or prejudices or preferences, except when particular distinctions can be explicitly justified. American Dream.
Freedom of Speech
First Amendment to the United States Constitution prohibits the making of any law that would imped the free exercise of religion or favor any religion. No law can be made that would restrict the freedom of speech, infringe on the freedom of the press, interfere with the Right of the People to Peaceably Assemble, or prohibit the petitioning for a governmental redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.
People have the Right to Speak up against cruel and oppressive Governments and Corporations, and injustices and unfairness. Let us not distort this right by adding scenarios that have nothing to do with this right. Freedom of Speech is the right to communicate one's opinions and ideas without fear of government retaliation or censorship. Governments can be hypocrites and punish people for violating free speech laws as these same governments and corporations spread lies and propaganda but never get punished. Governments and corporations control the media and control the education system, so citizens will never be educated enough to be aware of the hypocrisy and double standards.
Freedom of Speech Abuses
Freedom of Speech does not say that your words or your voice will be heard, or does it mean that the people who are allowed to speak are not lying. When statements are made, and the public is not given a chance to express a counter argument or even have an open discussion about the statement, then all you are left with is a narrow point of view, and that is complete bullshit and absolutely dangerous. You can't have a rule or a law that can be circumvented and manipulated, because that leads to chaos, and that is exactly what happens every seconded of every day somewhere on this planet. And just because there is no chaos where you live, that does not mean that chaos does not exist. Exemptions.
Freedom of Speech: You are free to speak your mind, but you must be aware of the timing and the place. Lies, hate or propaganda are extremely dangerous, for they are weapons that distort information and distort the truth. Communication is our greatest strength, but communication is also our greatest weakness when it is abused and misused. Freedom is a Right as long as your freedom is not used to deny others their freedom.
Journalism - Fair Use - Surveillance Abuses - SLAPP Suites
Freedom of Thought is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints.
Freedom of Expression is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The term "freedom of expression" is sometimes used synonymously but includes any act of seeking, receiving, and imparting information or ideas, regardless of the medium used. Artistic Freedom.
Intellectual Freedom encompasses the freedom to hold, receive and disseminate ideas without restriction. Viewed as an integral component of a democratic society, intellectual freedom protects an individual's right to access, explore, consider, and express ideas and information as the basis for a self-governing, well-informed citizenry. Intellectual freedom comprises the bedrock for freedoms of expression, speech, and the press and relates to freedoms of information and privacy. The United Nations upholds intellectual freedom as a basic human right through Article 19 of the Universal Declaration of Human Rights which asserts: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. The institution of libraries in particular values intellectual freedom as part of their mission to provide and protect access to information and ideas. The American Library Association (ALA) defines intellectual freedom as "the right of every individual to both seek and receive information from all points of view without restriction. It provides for free access to all expressions of ideas through which any and all sides of a question, cause or movement can be explored." The modern concept of intellectual freedom developed out of an opposition to book censorship. It is promoted by several professions and movements. These entities include, among others, librarianship, education, and the Free Software Movement.
Participation in social science refers to different mechanisms for the public to express opinions – and ideally exert influence – regarding political, economic, management or other social decisions. Participatory decision-making can take place along any realm of human social activity, including economic (i.e. participatory economics), political (i.e. participatory democracy or parpolity), management (i.e. participatory management), cultural (i.e. polyculturalism) or familial (i.e. feminism). For well-informed participation to occur, it is argued that some version of transparency, e.g. radical transparency, is necessary but not sufficient. It has also been argued that those most affected by a decision should have the most say while those that are least affected should have the least say in a topic.
Teach First Amendment - First Amendment Center - First Amendment Project
First Amendment Handbook - First Amendment Schools
Declarative is a mood that represents the act or state as an objective fact. A declaration.
Declaration is a statement that is emphatic and explicit spoken or written. A formal public statement. Declaration in law unsworn statement that can be admitted in evidence in a legal transaction.
Proposal - Proposition
Proclamation is a a formal public statement. The formal act of proclaiming or giving public notice.
Announcement is a public statement containing information about an event that has happened or is going to happen.
Freedom of Speech by Country - Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of government censorship or punishment. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. (hate speech, obscenity, and defamation laws. No unit or individual may use the Internet to create, replicate, retrieve, or transmit the following kinds of information: Inciting to resist or violate the Constitution or laws or the implementation of administrative regulations; Inciting to overthrow the government or the socialist system; Inciting division of the country, harming national unification; Inciting hatred or discrimination among nationalists or harming the unity of the nationalities; Making falsehoods or distorting the truth, spreading rumors, destroying the order of society; Promoting feudal superstitions, sexually suggestive material, gambling, violence, murder; Engaging in terrorism or inciting others to criminal activity; openly insulting other people or distorting the truth to slander people; Injuring the reputation of state organs; Other activities against the Constitution, laws or administrative regulations.
India - All citizens shall have the right — to freedom of speech and expression; to assemble peaceably and without arms; to form associations or unions; to move freely throughout the territory of India; to reside and settle in any part of the territory of India; and to practice any profession, or to carry on any occupation, trade or business. These rights are limited so as not to affect: The integrity of India, The security of the State, Friendly relations with foreign States, Public order, Decency or morality, Contempt of court. Defamation or incitement to an offence.
Czech Republic - Article 17 - (1) The freedom of expression and the right to information are guaranteed. (2) Everyone has the right to express their opinion in speech, in writing, in the press, in pictures, or in any other form, as well as freely to seek, receive, and disseminate ideas and information irrespective of the frontiers of the State. (3) Censorship is not permitted. (4) The freedom of expression and the right to seek and disseminate information may be limited by law in the case of measures necessary in a democratic society for protecting the rights and freedoms of others, the security of the State, public security, public health, and morals. (5) State bodies and territorial self-governing bodies are obliged, in an appropriate manner, to provide information on their activities. Conditions therefore and the implementation thereof shall be provided for by law. Specific limitations of the freedom of speech within the meaning of Article 17(4) may be found in the Criminal Code as well in other enactments. These include the prohibition of: unauthorized handling of personal information (Article 180 of the Criminal Code), which protects the right to privacy, defamation (Article 184 of the Criminal Code), dissemination of pornography depicting disrespect to a human, abuse of an animal, or dissemination of any pornography to children (Article 191 of the Criminal Code), seducing to use or propagation of use of addictive substances other than alcohol (Article 287 of the Criminal Code), which protects public health, denigration of a nation, race, ethnic or other group of people (Article 355 of the Criminal Code), i.e. hate speech, inciting of hatred towards a group of people or inciting limitation of their civil rights (Article 356 of the Criminal Code), spreading of scaremongering information (Article 357 of the Criminal Code), e.g. fake bomb alerts, public incitement of perpetration of a crime (Article 364 of the Criminal Code), public approval of a felony crime (Article 365 of the Criminal Code), public display of sympathy towards a movement oriented at curbing rights of the people (Article 404 of the Criminal Code), e.g. propagation of hate-groups, public denial, questioning, endorsement or vindication of genocide (Article 405 of the Criminal Code), e.g. Auschwitz lie, incitement of an offensive war (Article 407 of the Criminal Code). Most of the limitations of the free speech in the Czech Republic aim at protection of rights of individuals or minority groups. Unlike in some other European countries there are no limits on speech criticizing or denigrating government, public officials or state symbols.
Germany - Freedom of expression is granted by Article 5 of the Basic Law for the Federal Republic of Germany, which also states that there is no censorship and that freedom of expression may be limited by law. The press is regulated by the law of Germany as well as all 16 States of Germany. The most important and sometimes controversial regulations limiting speech and the press can be found in the Criminal code: Insult is punishable under Section 185. Satire and similar forms of art enjoy more freedom but have to respect human dignity (Article 1 of the Basic law). Malicious Gossip and Defamation (Section 186 and 187). Utterances about facts (opposed to personal judgment) are allowed if they are true and can be proven. Yet journalists are free to investigate without evidence because they are justified by Safeguarding Legitimate Interests (Section 193). Hate speech may be punishable if against segments of the population and in a manner that is capable of disturbing the public peace (Section 130 [Agitation of the People]), including racist agitation and antisemitism. Holocaust denial is punishable according to Section 130 subsection 3. Membership in or support of banned political parties (Section 86). Currently banned parties include the SRP and the KPD. Dissemination of Means of Propaganda of Unconstitutional Organizations (Section 86). Use of Symbols of Unconstitutional Organizations (Section 86a). Items such as the Swastika are banned. Disparagement of the Federal President (Section 90). the State and its Symbols (Section 90a). Insult to Organs and Representatives of Foreign States (Section 103). (will no longer be valid as of 2018). Rewarding and Approving Crimes (Section 140). Casting False Suspicion (Section 164). Insulting of Faiths, Religious Societies and Organizations Dedicated to a Philosophy of Life if they could disturb public peace (Section 166). Dissemination of Pornographic Writings (Section 184). The prohibition of insult, which has been widely criticized, led to 26,757 court cases, 21,454 convictions and 20,390 fines in 2013 alone. Politico has called Germany's hate speech laws "arguably the strictest anywhere in the Western world". Laws which have led to censorship or chilling effects online include NetzDG and a type of ancillary copyright for press publishers which is a model for a pan-EU taxation proposal as of 2018. Outdoor assemblies must be registered beforehand: Individuals and groups may be banned from assembling, especially those whose fundamental rights have been revoked and banned political parties. The Love Parade decision (1 BvQ 28/01 and 1 BvQ 30/01 of 12 July 2001) determined that for an assembly to be protected it must comply with the concept of a constituent assembly, or the so-called narrow concept of assembly whereby the participants in the assembly must pursue a common purpose that is in the common interest.
European Commission Freedom of expression and information.
Digital Services Act is an EU regulation to modernize the e-Commerce Directive regarding illegal content, transparent advertising, and disinformation. Digital Services Act - Digital Services and amending Directive 2000/31/EC.
Prisoner of Conscience is anyone imprisoned because of their race, sexual orientation, religion, or political views. The term also refers to those who have been imprisoned or persecuted for the nonviolent expression of their conscientiously held beliefs.
Political Prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention. Journalists being Killed.
Freedom of Speech Abuses
A Right to Speak or the Freedom of Speech is not a right to tell lies, or the right to spread hatred or the right to commit fraud, or the right to be negligent. A right is a power for good. A right is not for scumbags to abuse and misuse, yet here we are. The media must be held responsible for giving a voice to criminals and to people who constantly lie. The media are accessories to criminal activity and need to be held accountable. We can not allow the truth to be slandered by ignorant puppets who believe that money is an excuse to be a moron. Of course the root cause of all this BS is a dumbed down education which gave rise to ignorant humans. Now everyone must suffer from the ignorance of people. All because scumbags in power wanted to censor valuable knowledge and information in order to keep people stupid, docile and easy to control.
False Advertising - Propaganda - Perjury - Child Abuse - Slander - Threats - Hatred - Toxic Leadership - Political Campaign Attack Adds - Discrimination - Paradox of Tolerance - Attacking Real Journalism
Clear and Present Danger is when speech could be criminalized if it incites violence or criminal activity.
Bad Tendency permits restriction of freedom of speech by government if it is believed that a form of speech has a sole tendency to incite or cause illegal activity.
Imminent Lawless Action defines the limits of freedom of speech if speech merely advocated violence.
Shouting Fire in a Crowded Theater is a popular metaphor for speech or actions made for the principal purpose of creating panic. Falsely shouting fire in a theatre and causing a panic highlights that speech that is dangerous and false is not protected, as opposed to speech that is dangerous but also true.
False Flag Attack - False Alarms
How do you stop propaganda or hate speech without violating free speech? Censorship is dangerous and sometimes necessary when filtering. Speak your mind, but please remember, the truth is debatable and also relative. Know what you say, but understand that people can listen and interpret things differently than you do.
Communications Decency Act of 1996 was the first notable attempt by the United States Congress to regulate pornographic material on the Internet. It attempted to regulate both indecency and obscenity in cyberspace, especially when available to children. Second, section 230 of the act has been interpreted to say that operators of Internet services are not to be construed as publishers (and thus not legally liable for the words of third parties who use their services). Section 230 of the Communications Decency Act provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by third-party users: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
Public Forum Free Speech Laws - Social Networks - Front Men - Accessories to Crimes
Stop Enabling Sex Traffickers Act became law on April 11, 2018 to make it illegal to knowingly assist, facilitate, or support sex trafficking, and amend the Section 230 safe harbors of the Communications Decency Act (which make online services immune from civil liability for the actions of their users) to exclude enforcement of federal or state sex trafficking laws from its immunity. Obscenity Laws.
Federal Communications Commission to regulate interstate communications by radio, television, wire, satellite, and cable. The FCC maintains jurisdiction over the areas of broadband access, fair competition, radio frequency use, media responsibility, public safety, and homeland security. Watchdogs (oversight).
Federal Anti-Terrorism Act allows civil damage claims for aiding and abetting terrorism. But a dumbed down education system influences terrorism more than any media outlet that spreads ignorance. If you're not educated enough to protect yourself from ignorance, then you will never be free from ignorance. The people in power want a dumbed down education because ignorant people are easy to manipulate, the problem with that is that ignorant people are not just easy to manipulate by terrorists, they are also easy to be manipulated by anyone else with an ignorant agenda.
Section 230's protections from lawsuits for internet platforms. Section 230, however, also has a provision encouraging internet companies to police their platforms, so as to remove harassing, defamatory, and false content. Leading the suit is the writers' advocacy group PEN America and Penguin Random House, the largest publisher in the U.S. Joining the suit are five authors whose books have been challenged and two parents of students currently attending an elementary school in the district, which includes the city of Pensacola. The plaintiffs say the lawsuit is the first of its kind in addressing a new nationwide wave of conservative-led efforts to ban books from schools and libraries that activists say are sexually explicit or otherwise inappropriate for young readers. According to the American Library Association, the number of reported challenges to books doubled in 2022, and the number of unique titles facing challenges jumped 40% from 2021.
If your words or actions causes division and hatred, and makes people prejudice, intolerant and discriminatory against people who they don't even know, then you are evil and you're ignorance is threatening. To damage peoples understanding of themselves and the world around them causes more harm and more deaths than all the wars combined. To use labels to define people and to point fingers at people who you believe are the cause of your problems, is narrow minded and extremely dangerous, which only adds to our problems. You represent everything that is wrong with people. Why you pretend to understand and why you lie about being good, is extremely disturbing and wrong.
As long as people don't mind what you speak, you should speak your mind. But if you speak your mind, you should know your mind and you should know how to speak, and also know what you're talking about.
Case 3:22-cv-01213-TAD-KDM Document 294 Filed 07/04/23 Page 1 of 7 PageID #: 26947
Judge Terry Doughty issued a temporary injunction blocking agencies from doing things like notifying platforms about specific posts that may be against their own rules or asking for information about content moderation efforts. The injunction enjoins tens of thousands, maybe hundred [of] thousands of federal government employees from having almost any kind of communication with private platforms about content on their services to address false and misleading claims. The injunction bans interactions such as "meeting with social-media companies for the purpose of urging, encouraging, pressuring, or inducing in any manner the removal, deletion, suppression, or reduction of content containing protected free speech posted on social-media platforms". It also blocks federal agencies from flagging specific posts that contain protected free speech, encouraging social media companies to change their guidelines regarding such posts, or asking the companies to "be on the lookout" for such postings. The demands by some conservatives for "free speech" on social media platforms, versus the desire to rein in misinformation and disinformation that could lead to real-world harm. The AGs' argument ties into a larger Republican narrative that conservatives are being censored on social media for their views. Democrats have faulted the platforms for not doing enough to police misleading and false claims, hate speech, and incitement to violence. The ruling provides exceptions for the government to inform social media companies about posts involving criminal activity, national security threats, and foreign interference in elections. The injunction lists social platforms such as Facebook/Meta, Twitter, YouTube/Google, WhatsApp, Instagram, WeChat, TikTok, Sina Weibo, QQ, Telegram, Snapchat, Kuaishou, Qzone, Pinterest, Reddit, LinkedIn, Quora, Discord, Twitch, Tumblr, Mastodon "and like companies. Government agencies listed that are not allowed to contact these social media platforms include the departments of Justice, Health and Human Services, and State, the Centers for Disease Control and Prevention, the FBI and many individual government officials.
The First Amendment protects false speech, with very limited exceptions, including defamation and fraud. Defamation is a false statement of fact that (1) is communicated to a third party; (2) is made with the requisite guilty state of mind; and (3) harms an individual’s reputation. To be defamatory, a statement must be an assertion of fact (rather than mere opinion or rhetorical hyperbole) and capable of being proven false. As to state of mind, if the person allegedly defamed is a public figure, he or she must prove “actual malice” — namely, that the speaker made the statement either with knowledge of its falsity or with reckless disregard for the truth. A non-public figure need only prove that the speaker was negligent in making the false statement.
In Giboney v. Empire Storage & Ice Co. (1949), the Supreme Court held the First Amendment affords no protection to “speech or writing used as an integral part of conduct in violation of a valid criminal statute.” A robber’s demand at gunpoint that you hand over your money is not protected speech. Nor is extortion, criminal conspiracy, or solicitation to commit a specific crime. Abstract advocacy of lawbreaking remains protected speech.
The First Amendment makes no categorical exception for false or misleading speech, certain types of fraudulent statements fall outside its protection. The government generally can impose liability for false advertising or on speakers who knowingly make factual misrepresentations to obtain money or some other material benefit (such as employment). Prohibitions on perjury — knowingly giving false testimony under oath — also are constitutional.
In Brandenburg v. Ohio (1969), the Supreme Court of the United States held the First Amendment does not protect speech that is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” Mere advocacy of lawbreaking or violence remains protected speech as long as it is not intended to and likely to provoke immediate unlawful action.
In Virginia v. Black (2003), the Supreme Court defined true threats as “those statements where the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.” The Court clarified that the speaker “need not actually intend to carry out the threat.” True threats are distinguishable from heated rhetoric. For example, the Court held in Watts v. United States (1969) that the First Amendment protected a man’s statement — after being drafted to serve in the Vietnam War — that “[i]f they ever make me carry a rifle the first man I want to get in my sights is L. B. J.,” as the statement was not a true expression of intent to kill the president.
Fighting words are those that, by the very act of being spoken, tend to incite the individual to whom they are addressed to respond violently and to do so immediately, with no time to think things over. The fighting words category is an exceedingly limited classification of speech, encompassing only face-to-face communications that would obviously provoke an immediate and violent reaction from the average listener.
There is no First Amendment exception for so-called hate speech. The First Amendment fully protects speech that is unpopular or that some may find downright offensive.
The Supreme Court has held the First Amendment allows you to wear a jacket that says “Fuck the Draft” in a public building (Cohen v. California (1971)), protest a soldier’s funeral with a sign that says “Thank God for Dead Soldiers” (Snyder v. Phelps (2011)), burn the American flag in protest (Texas v. Johnson (1989) and United States v. Eichman (1990)), and give a racially charged speech to a restless crowd (Terminiello v. Chicago (1949)).
In Texas v. Johnson (1989), the Supreme Court stated the general rule regarding protected speech when it held the “government may not prohibit the verbal or nonverbal expression of an idea merely because society finds the idea offensive or disagreeable.” Federal courts have consistently followed this holding when applying the First Amendment.
In the educational context, the Supreme Court held in Davis v. Monroe County Board of Education (1999) that student-on-student harassment consists only of unwelcome, discriminatory conduct (which may include expression) that is “so severe, pervasive, and objectively offensive, and that so undermines and detracts from the victims’ educational experience, that the victim-students are effectively denied equal access to an institution’s resources and opportunities.” By definition, this includes only extreme and usually repetitive behavior — behavior so serious that it would prevent a reasonable person from receiving his or her education.
The Foundation for Individual Rights and Expression has a mission to defend and sustain the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.
Civil Rights
Civil
and Political Rights are a class of
rights that protect
individuals'
freedom from infringement by
governments,
social organizations, and private individuals. They ensure one's
ability to participate in the civil and political life of the society and state without
discrimination or
repression. Civil rights include the ensuring of peoples' physical and mental
integrity,
life and safety; protection from
discrimination on grounds such as
race, gender,
gender identity, gender expression, gender dysphoria,
national origin,
color,
age,
political affiliation,
sexual orientation (also called
sexual preference),
ethnicity,
religion,
or disability; and
individual rights such as
privacy, the freedoms of
thought and conscience, speech and
expression,
religion,
the press,
assembly and
movement. Political rights include
natural justice (procedural fairness) in
law, such as the
rights of the accused, including the
right to a fair trial;
due process; the right to seek redress or a
legal remedy; and rights of
participation in
civil society and
politics such as
freedom of association, the
right to assemble, the
right to petition, the
right of self-defense, and the
right to
vote. Civil and political rights form the original and main part of
international human rights.
They comprise the first portion of the
1948
Universal Declaration of Human Rights (with
economic, social and cultural rights comprising the second portion).
The theory of
three generations of human rights considers this group of rights to be
"first-generation rights", and the theory of
negative and positive rights considers them to be generally
negative rights.Hate Crimes - Freedom of Assembly - Freedom of the Press - Public Interest Law
Civil Liberties or personal freedoms are personal guarantees and freedoms that the government cannot abridge, either by law or by judicial interpretation without due process. Though the scope of the term differs between countries, civil liberties may include the freedom from torture, freedom from forced disappearance, freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights. Compassion.
Civil Rights Movements are a worldwide series of political movements for equality before the law, that has been going on for hundreds of years.
Civil Rights Act of 1957 enacted September 9, 1957, primarily a voting rights bill, was the first federal civil rights legislation passed by the United States Congress since the Civil Rights Act of 1875. The purpose of the Civil Rights Act of 1957 was to show the federal government's support for racial equality following the Supreme Court's 1954 Brown decision. Opposition to the legislation, including the longest one-person filibuster in history, resulted in limited immediate impact, but the Act paved the way for a series of more effective civil rights bills in the 1960s.
Civil Rights Act of 1964 enacted July 2, 1964 is a landmark civil rights and US labor law in the United States that outlaws discrimination based on race, color, religion, sex, or national origin. It prohibited unequal application of voter registration requirements, racial segregation in schools, employment, and public accommodations. Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
Civil Rights - Civil Rights Division - Civil Law
Council on American-Islamic Relations is a Muslim civil rights and advocacy group. It is headquartered on Capitol Hill in Washington, D.C., with regional offices nationwide. Through civil rights actions, media relations, civic engagement, and education, CAIR promotes social, legal and political activism among Muslims in America. The government of the United Arab Emirates has designated CAIR as a terrorist organization. Critics of CAIR have accused it of pursuing an Islamist agenda and have claimed the group is connected to Hamas and the Muslim Brotherhood, which CAIR has rejected and described as an Islamophobic smear campaign.
Civil Rights Movement - Civil Liberties Union
Martin Luther King Jr. was an African American minister and activist who became the most visible spokesperson and leader in the civil rights movement from 1955 until his assassination in 1968. King is best known for advancing civil rights through nonviolence and civil disobedience, inspired by his Christian beliefs and the nonviolent activism of Mahatma Gandhi. King led the 1955 Montgomery bus boycott and later became the first president of the Southern Christian Leadership Conference (SCLC). As president of the SCLC, he then led an unsuccessful 1962 struggle against segregation in Albany, Georgia, and helped organize the nonviolent 1963 protests in Birmingham, Alabama. He helped organize the 1963 March on Washington, where he delivered his famous "I Have a Dream" speech on the steps of the Lincoln Memorial. On October 14, 1964, King won the Nobel Peace Prize for combating racial inequality through nonviolent resistance. In 1965, he helped organize the Selma to Montgomery marches. In his final years, he expanded his focus to include opposition towards poverty, capitalism, and the Vietnam War. FBI Director J. Edgar Hoover considered him a radical and made him an object of the FBI's COINTELPRO from 1963 on. FBI agents investigated him for possible communist ties, recorded his extramarital liaisons and reported on them to government officials, and, in 1964, mailed King a threatening anonymous letter, which he interpreted as an attempt to make him commit suicide. King was planning a national occupation of Washington, D.C., to be called the Poor People's Campaign, when he was assassinated on April 4 in Memphis, Tennessee. His death was followed by riots in many U.S. cities. Allegations that James Earl Ray, the man convicted of killing King, had been framed or acted in concert with government agents persisted for decades after the shooting. King was posthumously awarded the Presidential Medal of Freedom and the Congressional Gold Medal. Martin Luther King Jr. Day was established as a holiday in cities and states throughout the United States beginning in 1971; the holiday was enacted at the federal level by legislation signed by President Ronald Reagan in 1986. Hundreds of streets in the U.S. have been renamed in his honor, and a county in Washington was rededicated for him. The Martin Luther King Jr. Memorial on the National Mall in Washington, D.C., was dedicated in 2011. Since the late 2010s activists have made efforts on Martin Luther King Jr. Day to reclaim the legacy of King. (Martin was born Michael King Jr. on January 15, 1929 – April 4, 1968).
Citizens Commission - Commission on Civil Rights - Lydon B Johnson
United States Commission on Civil Rights is a bipartisan, independent commission of the United States federal government, created in 1957, that is charged with the responsibility for investigating, reporting on, and making recommendations concerning civil rights issues in the United States. Pursuant to 42 U.S.C. 1975d, all statutory authority for the commission terminated on September 30, 1996, and Congress has not passed new legislation, but has continued to pass appropriations.
Individual and Group Rights or collective rights, are rights held by a group qua group rather than by its members severally; in contrast, individual rights are rights held by individual people; even if they are group-differentiated, which most rights are, they remain individual rights if the right-holders are the individuals themselves. Group rights have historically been used both to infringe upon and to facilitate individual rights, and the concept remains controversial.
"Liberty will not descend to a people, a people must raise themselves to liberty; it is a blessing that must be earned before it can be enjoyed." Charles Caleb Colton (wiki).
Three-fifths Compromise was an agreement reached during the 1787 United States Constitutional Convention over the counting of slaves in determining a state's total population. This count would determine the number of seats in the House of Representatives and how much each state would pay in taxes. The compromise counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives. Even though slaves were denied voting rights, this gave Southern states more Representatives and more presidential electoral votes than if slaves had not been counted. It also gave slaveholders similarly enlarged powers in Southern legislatures; this was an issue in the secession of West Virginia from Virginia in 1863. Free blacks and indentured servants were not subject to the compromise, and each was counted as one full person for representation.
What to the Slave Is the Fourth of July is the title now given to a speech by Frederick Douglass delivered on July 5, 1852.
"Oppression makes a wise man mad. Your fathers were wise men, and if they did not go mad, they became restive under this treatment. They felt themselves the victims of grievous wrongs, wholly incurable in their colonial capacity. With brave men there is always a remedy for oppression. Just here, the idea of a total separation of the colonies from the crown was born! It was a startling idea, much more so, than we, at this distance of time, regard it. The timid and the prudent (as has been intimated) of that day, were, of course, shocked and alarmed by it. What have I, or those I represent, to do with your national independence? Are the great principles of political freedom and of natural justice, embodied in that Declaration of Independence, extended to us?...What, to the American slave, is your 4th of July? I answer; a day that reveals to him, more than all other days in the year, the gross injustice and cruelty to which he is the constant victim." Frederick Douglass’ Descendants Read His Famous ‘Fourth of July’ Speech | NPR (youtube).
Let America Be America Again by Langston Hughes. (1935) - Let America be America again. Let it be the dream it used to be. Let it be the pioneer on the plain. Seeking a home where he himself is free. (America never was America to me.) Let America be the dream the dreamers dreamed—Let it be that great strong land of love. Where never kings connive nor tyrants scheme. That any man be crushed by one above. (It never was America to me.) O, let my land be a land where Liberty. Is crowned with no false patriotic wreath, But opportunity is real, and life is free, Equality is in the air we breathe. (There's never been equality for me, Nor freedom in this "homeland of the free.") Say, who are you that mumbles in the dark? And who are you that draws your veil across the stars? I am the poor white, fooled and pushed apart, I am the Negro bearing slavery's scars. I am the red man driven from the land, I am the immigrant clutching the hope I seek—And finding only the same old stupid plan. Of dog eat dog, of mighty crush the weak. I am the young man, full of strength and hope, Tangled in that ancient endless chain. Of profit, power, gain, of grab the land! Of grab the gold! Of grab the ways of satisfying need! Of work the men! Of take the pay! Of owning everything for one's own greed! I am the farmer, bondsman to the soil. I am the worker sold to the machine. I am the Negro, servant to you all. I am the people, humble, hungry, mean—Hungry yet today despite the dream. Beaten yet today—O, Pioneers! I am the man who never got ahead, The poorest worker bartered through the years. Yet I'm the one who dreamt our basic dream. In the Old World while still a serf of kings, Who dreamt a dream so strong, so brave, so true, That even yet its mighty daring sings. In every brick and stone, in every furrow turned. That's made America the land it has become. O, I'm the man who sailed those early seas. In search of what I meant to be my home—For I'm the one who left dark Ireland's shore, And Poland's plain, and England's grassy lea, And torn from Black Africa's strand I came. To build a "homeland of the free." The free? Who said the free? Not me? Surely not me? The millions on relief today? The millions shot down when we strike? The millions who have nothing for our pay? For all the dreams we've dreamed. And all the songs we've sung. And all the hopes we've held. And all the flags we've hung, The millions who have nothing for our pay—Except the dream that's almost dead today. O, let America be America again—The land that never has been yet—And yet must be—the land where every man is free. The land that's mine—the poor man's, Indian's, Negro's, ME—Who made America, Whose sweat and blood, whose faith and pain, Whose hand at the foundry, whose plow in the rain, Must bring back our mighty dream again. Sure, call me any ugly name you choose—The steel of freedom does not stain. From those who live like leeches on the people's lives, We must take back our land again, America! O, yes, I say it plain, America never was America to me, And yet I swear this oath—America will be! Out of the rack and ruin of our gangster death, The rape and rot of graft, and stealth, and lies, We, the people, must redeem. The land, the mines, the plants, the rivers. The mountains and the endless plain—All, all the stretch of these great green states—And make America again!
Let America be America Again poem written in 1935 by American poet Langston Hughes. It was originally published in the July 1936 issue of Esquire Magazine. The poem was republished in the 1937 issue of Kansas Magazine and was revised and included in a small collection of Langston Hughes poems entitled A New Song, published by the International Workers Order in 1938. The poem speaks of the American dream that never existed for the lower-class American and the freedom and equality that every immigrant hoped for but never received. In his poem, Hughes represents not only African Americans, but other economically disadvantaged and minority groups as well. Besides criticizing the unfair life in America, the poem conveys a sense of hope that the American Dream is soon to come. Hughes wrote the poem while riding a train from New York to his mother's home in Ohio. He was in despair over recent reviews of his first Broadway play and his mother's diagnosis of breast cancer. Despite being a pillar of the Harlem Renaissance in the 1920s, he was still struggling for acceptance as a poet, battling persistent racism, and just eking out a living. Selling a poem or a story every few months, he called himself a "literary sharecropper." Fate, he said, "never intended for me to have a full pocket of anything but manuscripts." Hughes finished the poem in a night but did not regard it as one of his best. It did not appear in his early anthologies and was only revived in the 1990s, first in a public reading by Supreme Court justice Thurgood Marshall, later as a title for museum shows. The title of this poem was used by Democratic United States senator John Kerry as a campaign slogan in his 2004 presidential campaign.
Langston Hughes was an American poet, social activist, novelist, playwright, and columnist from Joplin, Missouri. He moved to New York City as a young man, where he made his career. One of the earliest innovators of the then-new literary art form called jazz poetry, Hughes is best known as a leader of the Harlem Renaissance. He famously wrote about the period that "the negro was in vogue", which was later paraphrased as "when Harlem was in vogue." Growing up in a series of Midwestern towns, Hughes became a prolific writer at an early age. He graduated from high school in Cleveland, Ohio and soon began studies at Columbia University in New York City. Although he dropped out, he gained notice from New York publishers, first in The Crisis magazine, and then from book publishers and became known in the creative community in Harlem. He eventually graduated from Lincoln University. In addition to poetry, Hughes wrote plays, and short stories. He also published several non-fiction works. From 1942 to 1962, as the civil rights movement was gaining traction, he wrote an in-depth weekly column in a leading black newspaper, The Chicago Defender.
Elizabeth Peratrovich was an American civil rights activist and member of the Tlingit nation who worked for equality on behalf of Alaska Natives. In the 1940s, her advocacy was credited as being instrumental in the passing of Alaska's Anti-Discrimination Act of 1945, the first state or territorial anti-discrimination law enacted in the United States in the 20th century. In 1988, the Alaska Legislature established February 16 as Elizabeth Peratrovich Day "for her courageous, unceasing efforts to eliminate discrimination and bring about equal rights in Alaska" (Alaska Statutes 44.12.065). In March 2019, her obituary was added to The New York Times as part of their "Overlooked No More" series. (Tlingit name: Kaaxgal.aat; July 4, 1911 – December 1, 1958).
Eyes on the Prize is an American television series and 14-part documentary about the 20th-century civil rights movement in the United States. The documentary originally aired on the PBS network, and it also aired in the United Kingdom on BBC2. Created and executive produced by Henry Hampton at the film production company Blackside and narrated by Julian Bond, the series uses archival footage, stills, and interviews by participants and opponents of the movement. The title of the series is derived from the title of the folk song "Keep Your Eyes on the Prize", which is used as the opening theme music in each episode.
The Leadership Conference Education Fund. In our increasingly diverse nation, we provide a powerful voice for human dignity and equality — and a bulwark against discrimination.
Civil Rights Lawyers are advocates for human rights, social justice and racial equality as they are guaranteed by U.S. legislation. Civil rights attorneys are involved in discrimination cases related to age, race, national origin, religion, sex and color.
United States Department of Justice Civil Rights Division - Assistant Attorney General for Civil Rights, Appellate Section, Coordination and Review Section, Criminal Section, Disability Rights Section, Educational Opportunities Section, Employment Litigation Section, Housing and Civil Enforcement Section, Immigrant and Employee Rights Section, Policy & Strategy Section, Special Litigation Section, Voting Section.
Inalienable Rights
Inalienable Rights are rights that cannot be bought, sold, or transferred from one individual to another. Rights are not subject to forfeiture and can be lost or surrendered as a penalty. The personal rights to life and liberty are guaranteed by the Constitution of the United States, they are inalienable. Similarly, various types of property are inalienable, such as rivers, streams, and highways.
Natural Rights and Legal Rights are two types of rights. Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are universal and inalienable (they cannot be repealed by human laws, though one can forfeit their enforcement through one's actions, such as by violating someone else's rights). Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws).
Inherent Rights are the rights and freedoms that every human has inherited is born with rights as a birth right. But these rights can only be given when someone protects these rights for you, and when you can protect these rights for yourself and protect these rights for others. Humans are born with rights that need protection, just like all animals need protection, the environment needs protection, your brain needs protection.
Unalienable is something incapable of being repudiated or something that you cannot refuse to acknowledge or refuse to recognize as valid, so no one has the right to violate another persons rights.
Laws - Charter - Social Justice - Natural Person - Privacy - Intrinsic Value
Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government. It influenced a number of later documents, including the United States Declaration of Independence (1776) and the United States Bill of Rights (1789). Article 1 states that "all men are by nature equally free and independent, and have certain inherent rights of which ... they cannot deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety," a statement later made internationally famous in the second paragraph of the U.S. Declaration of Independence, as "we hold these truths to be self-evident, that all men are created equal, and are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness." Section 1. That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
The March of Freedom (Full Episode) | The Story of Us with Morgan Freeman (youtube) - Morgan Freeman travels around the world in search of a greater understanding of the concept of freedom. From solitary confinement and forced labor camps to social taboos and laws that hinder speech and expression, freedom seems to be a constant struggle. As individuals and as entire nations, we are confronted with the question: Will we all ever be truly free?
I serve you, but I am not your slave. I am an individual and a human, and like all humans, we are born with rights and freedoms. No human can be owned or treated like an object. We respect each other, we work together, we live together, we learn together, and we progress together.
Due Process
Due Process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law.
Due Process Clause in the Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law. The Supreme Court of the United States interprets the clauses more broadly because these clauses provide four protections: The procedural due process in civil and criminal proceedings, a substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights. Due process ensures the rights and equality of all citizens.
Substantive Due Process is a principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the US Constitution. Courts have identified the basis for such protection from the due process clauses of the Fifth and Fourteenth Amendments to the Constitution, which prohibit the federal and state governments, respectively, from depriving any person of "life, liberty, or property, without due process of law." Substantive due process demarcates the line between the acts that courts hold are subject to government regulation or legislation and the acts that courts place beyond the reach of governmental interference. Whether the Fifth and/or Fourteenth Amendments were intended to serve that function continues to be a matter of scholarly as well as judicial discussion and dissent.
Right to a Fair Trial - Habeas Corpus - Right to Counsel - Equal Justice Under Law - Innocent Until Proven Guilty - Not Making Assumptions or False Accusations - Avoidance of Censorship - Frivolous Lawsuits
5th Amendment (allows a witness to decline to answer questions, or remain silent).
Sixth Amendment secures the right to the assistance of counsel, by appointment if necessary, in a trial for any serious crime. Sixth Amendment grants criminal defendants the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Sixth Amendment requires that criminal defendants be given notice of the nature and cause of accusations against them. The amendment's Confrontation Clause gives criminal defendants the right to confront and cross-examine witnesses, while the Compulsory Process Clause gives criminal defendants the right to call their own witnesses and, in some cases, compel witnesses to testify. The Assistance of Counsel Clause grants criminal defendants the right to be assisted by counsel. Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights that sets forth rights related to criminal prosecutions. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.
Equal Protection Clause states, "nor shall any State deny to any person within its jurisdiction the equal protection of the laws". It mandates that individuals in similar situations be treated equally by the law.
Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
First Amendment (freedom of speech) - Rights (civil)
Natural Justice is technical terminology for the rule against bias and the right to a fair hearing. While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias or apparent bias. Actual bias is very difficult to prove in practice while imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly. The right to a fair hearing requires that individuals should not be penalized by decisions affecting their rights or legitimate expectations unless they have been given prior notice of the case, a fair opportunity to answer it, and the opportunity to present their own case. The mere fact that a decision affects rights or interests is sufficient to subject the decision to the procedures required by natural justice. In Europe, the right to a fair hearing is guaranteed by Article 6(1) of the European Convention on Human Rights, which is said to complement the common law rather than replace it. (nemo iudex in causa sua) (audi alteram partem).
Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. Proposed following the oftentimes bitter 1787–88 battle over ratification of the U.S. Constitution, and crafted to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically delegated to Congress by the Constitution are reserved for the states or the people. The concepts codified in these amendments are built upon those found in several earlier documents, including the Virginia Declaration of Rights and the English Bill of Rights 1689, along with earlier documents such as Magna Carta (1215).
Bill of Rights - Bill of Rights Institute - Civil Rights - Inalienable Rights - Due Process
Right to Life is a moral principle based on the belief that a human being has the right to live and, in particular, should not be killed by another human being. The concept of a right to life arises in debates on issues of capital punishment, war, abortion, euthanasia, justifiable homicide, animal welfare and public health care.
Rights - The Right to Remain Silent - NAACP
Magna Carta is Latin for "the Great Charter of the Liberties", commonly called Magna Carta ("the Great Charter"), is a charter agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury to make peace between the unpopular King and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons.
Treaties
Natural Rights are two types of rights. Legal Rights are those bestowed onto a person by a given legal system (i.e., rights that can be modified, repealed, and restrained by human laws). Natural rights are those that are not dependent on the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable (i.e., rights that cannot be repealed or restrained by human laws).
Equal Rights Amendment is a proposed amendment to the United States Constitution designed to guarantee equal legal rights for all American citizens regardless of sex; it seeks to end the legal distinctions between men and women in terms of divorce, property, employment, and other matters. The ERA was originally written by Alice Paul and Crystal Eastman. The amendment was introduced in Congress for the first time in October 1921 and has prompted conversations about the meaning of legal equality for women and men ever since. equalrightsamendment.org
Second Bill of Rights is a list of rights that was proposed by United States President Franklin D. Roosevelt during his State of the Union Address on Tuesday, January 11, 1944. Roosevelt's argument was that the "political rights" guaranteed by the Constitution and the Bill of Rights had "proved inadequate to assure us equality in the pursuit of happiness". His remedy was to declare an "economic bill of rights" to guarantee these specific rights: Employment (right to work), food, clothing and leisure with enough income to support them. Farmers' Rights to a fair income. Freedom from unfair competition and Monopolies. Housing. Medical Care. Social Security. Education. Roosevelt stated that having such rights would guarantee American security and that the United States' place in the world depended upon how far the rights had been carried into practice. Big 5.
It's Time for the Law to Protect Victims of Gender Violence: Laura L. Dunn (video and text)
Women's Rights - Women's News - Sex Crimes
International Human Rights Law is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.
Universal Declaration of Human Rights adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot, Paris.
National Human Rights Institution is an independent institution bestowed with the responsibility to broadly protect, monitor and promote human rights in a given country. The growth of such bodies has been encouraged by the Office of the United Nations High Commissioner for Human Rights (OHCHR), which has provided advisory and support services, and facilitated access for NHRIs to the UN treaty bodies and other committees.[1] There are over 100 such institutions, about two-thirds assessed by peer review as compliant with the United Nations standards set out in the Paris Principles. Compliance with the Principles is the basis for accreditation at the UN, which, uniquely for NHRIs, is not conducted directly by a UN body but by a sub-committee of the International Coordinating Committee of National Human Rights Institutions (ICC). The secretariat to the review process (for initial accreditation, and reaccreditation every five years) is provided by the National Institutions and Regional Mechanisms Section of the OHCHR.
Human Rights Commission is a body set up to investigate, promote or protect human rights.
European Convention on Human Rights is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953.
Declaration of Human Rights - Human Rights Search Engine
Declaration of Principles on Equality reflects a moral and professional consensus among human rights and Equality experts done in December 2008. It contains 27 principles that establish a new paradigm on equality, drawing on established and emerging principles of international law. It has been described by the High Court of Delhi as reflecting the ‘current international understanding of Principles on Equality.
Alison Crocetta: Bear in Mind - Social Barriers - Learn Liberty
List of Peace Activists - Activists - List of Civil Rights Leaders (wiki) - Journalism from Citizens
Choice is a Vote for something, or a vote against something.
Witness is an international organization that trains and supports people using video in their fight for human rights.
The mission of the Connecticut Commission on Human Rights and Opportunities is to eliminate discrimination through civil and human rights law enforcement and to establish equal opportunity and justice for all persons within the state through advocacy and education.
"Your freedom ends where mine begins, and to know exactly where that line is for me and for you, is the beginning of understanding each other."
We want control and order without infringing on peoples needs, or put restrictions on people that causes more harm then good. We need better education and less legislation.
Negative and Positive Rights are rights that oblige either action (positive rights) or inaction (negative rights). These obligations may be of either a legal or moral character. The notion of positive and negative rights may also be applied to liberty rights. To take an example involving two parties in a court of law: Adrian has a negative right to x against Clay if and only if Clay is prohibited from acting upon Adrian in some way regarding x. In contrast, Adrian has a positive right to x against Clay if and only if Clay is obliged to act upon Adrian in some way regarding x. A case in point, if Adrian has a negative right to life against Clay, then Clay is required to refrain from killing Adrian; while if Adrian has a positive right to life against Clay, then Clay is required to act as necessary to preserve the life of Adrian. Rights considered negative rights may include civil and political rights such as freedom of speech, life, private property, freedom from violent crime, freedom of religion, habeas corpus, a fair trial, and freedom from slavery. Rights considered positive rights, as initially proposed in 1979 by the Czech jurist Karel Vasak, may include other civil and political rights such as police protection of person and property and the right to counsel, as well as economic, social and cultural rights such as food, housing, public education, employment, national security, military, health care, social security, internet access, and a minimum standard of living. In the "three generations" account of human rights, negative rights are often associated with the first generation of rights, while positive rights are associated with the second and third generations. Some philosophers (see criticisms) disagree that the negative-positive rights distinction is useful or valid.
Claim Rights and Liberty Rights. A claim right is a right which entails responsibilities, duties, or obligations on other parties regarding the right-holder. In contrast, a liberty right is a right which does not entail obligations on other parties, but rather only freedom or permission for the right-holder. The distinction between these two senses of "rights" originates in American jurist Wesley Newcomb Hohfeld's analysis thereof in his seminal work Fundamental Legal Conceptions, As Applied in Judicial Reasoning and Other Legal Essays. Liberty rights and claim rights are the inverse of one another: a person has a liberty right permitting him to do something only if there is no other person who has a claim right forbidding him from doing so; and likewise, if a person has a claim right against someone else, that other person's liberty is thus limited. This is because the deontic concepts of obligation and permission are De Morgan dual; a person is permitted to do all and only the things he is not obliged to refrain from, and obliged to do all and only the things he is not permitted to refrain from.
American Rights at Work
Affirmative Action a policy of favoring members of a disadvantaged group who suffer or have suffered from discrimination within a culture. Some countries, such as India, use a quota system, whereby a certain percentage of government jobs, political positions, and school vacancies must be reserved for members of a certain group. In some other regions where quotas are not used, minority group members are given preference or special consideration in selection processes.
Equal Employment Opportunity Commission is a federal agency that administers and enforces civil rights laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, disability, gender identity, genetic information, and retaliation for reporting, participating in, and/or opposing a discriminatory practice.
13th Amendment abolished slavery and involuntary servitude, except as punishment for a crime.
Speech Now - State Voices - JFK Library
Freedom of Information Act - Data Protection
Transparency (accountability) - Democracy - Global Policy
Public Agenda - International Committee of the Red Cross
Rights of Man is a book by Thomas Paine written 1791 that included 31 articles, posits that popular political revolution is permissible when a government does not safeguard the natural rights of its people. Using these points as a base it defends the French Revolution against Edmund Burke's attack in Reflections on the Revolution in France (1790). It was published in two parts in March 1791 and February 1792.
Amnesty
Amnesty is a period during which offenders are exempt from punishment. Amnesty in law is a warrant granting release from punishment for an offense or the formal act of liberating someone. To grant a pardon to a group of people.
Amnesty International - Amnesty USA - Asylum - Refugees - Citizenship - Immigration - Open Society Foundations
Human Rights Watch - RFK Center - European Court of Human Rights - Citizens Commission on Human Rights - War Crimes - Genocide
Right of Asylum is when a person is persecuted by their own country may be protected by another sovereign authority, such as another country or church official. Rights.
Constitution - Principles - Precedents
We the People—affirm that the government of the United States exists to serve its citizens. It is not for corrupt individuals to serve themselves at the expense of others. Most people can't see corruption or fully comprehend how damaging corruption is. When you give money to a business to pay for needed services, you expect to receive those services. If you do not receive the services that you paid for under contract, this is what is called fraud, theft, waste and negligence, which are criminal violations punishable by law in every state in America. But just prosecuting people who violate these laws does not fix the problem of corruption, because corrupt individuals are easily replace with other corrupt individuals. So you can't fire everyone, but you can educate everyone. September 17, 1787, 38 delegates signed the Constitution, which is a model for the governance of a state with separate and independent powers and areas of responsibility, so that the powers of one branch are not in conflict with the powers associated with the other branches, creating distinct branches to limit any one branch from exercising the core functions of another. This was supposed to stop corruption from forming, but it did not succeed as planed. Corruption is a systemic problem that can not be solved with just a few documents or using just a few laws. We have very little accountability or transparency because we have very little education and not enough information. We are essentially blind because too many people are not knowledgeable enough to understand themselves or understand the world which we all live in. And we can easily fix this problem if we all agree to educate ourselves and inform ourselves about the reality that we live in. We have proven that we can work together. But we need to define our responsibilities and honor these agreements. The Constitution describes the rights and responsibilities of state governments, and the states in relationship to the federal government. Since the Constitution came into force in 1789, it has been amended 27 times, including one amendment that repealed a previous one, in order to meet the needs of a nation that has profoundly changed since the eighteenth century. In general, the first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of government. The majority of the seventeen later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures.
The U.S. Constitution contains 7,591 words including the 27 amendments. In all it contains 4,543 words, including the signatures and has four sheets, 28-3/4 inches by 23-5/8 inches each. The Constitution was ratified by specially elected conventions beginning in December 1787.
Individuals Working Together, like the millions of cells and microbes do in our bodies.
State Constitutions - City Management
Allegiance - Leadership - Oversight - Interpretation - Unconstitutional
Constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Some constitutions (such as the constitution of the United Kingdom) are uncodified, but written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. The Constitution of India is the longest written constitution of any sovereign country in the world, containing 444 articles in 22 parts, 12 schedules and 118 amendments, with 146,385 words in its English-language version, while the Constitution of Monaco is the shortest written constitution, containing 10 chapters with 97 articles, and a total of 3,814 words. The U.S. Constitution is 7,591 words, including 27 amendments.
United States Constitution is the supreme law of the United States of America. The Constitution, originally comprising seven articles, delineates the national frame of government. Its first three articles entrench the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the President; and the judicial, consisting of the Supreme Court and other federal courts. Articles Four, Five and Six entrench concepts of federalism, describing the rights and responsibilities of state governments and of the states in relationship to the federal government. Article Seven establishes the procedure subsequently used by the thirteen States to ratify it. Constitution Image (photo) - PDF.
We the People of the United States, in Order to form a More Perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Our is of or belonging to us.
Us is the objective case of we, the persons speaking.
We is plural of "I".
All is everyone and everybody, all people.
Plural is composed of more than one member, a set, or a kind. Plural in writing is a grammatical number category referring to two or more items or units. The form of a word that is used to denote more than one.
Of connects a noun with the preceding word. Expresses possession or connection. Indicates parts, content, or quality. Indicates a point of reference. A reason or cause.
Constitutional Law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.
Lawyers - Judges - Justice - Due Process
Constitute is to form or compose. Create and charge with a task or function. Represent and set up or lay the groundwork for.
Constitution is the act of forming or establishing something, like laws that determine the fundamental political principles of a government or the way in which someone or something is composed.
Reconstituting is to construct or form a new or provide with a new structure. Transform.
Compose is to put together something out of existing information or material. Make up plans or basic details for something.
Establish is the validity of something, as by an example, explanation or experiment. Use as a basis for or found on. To bring about and build or establish something abstract.
Institute is to advance or set forth in court. Set up or lay the groundwork for.
US Constitution - U.S. Constitution - Constitution of America
Pocket Constitution - Pocket Justice
Constitution of May 3, 1791 (wiki)
Rights Foundation - Center for Constitutional Rights - Our Documents - Interpretation
Constitutionalism is a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law.
Unconstitutional Laws
Unconstitutional means that a law or action went against what is allowed in the Constitution. A paradoxical decision based on flawed reasoning. Frivolous.
Madison, 5 U.S. 137 (1803) - The Supreme Court held that Congress cannot pass laws that are contrary to the Constitution, and it is the role of the Judicial system to interpret what the Constitution permits.
Supremacy Clause core message is simple: You cannot make a law that violates federal laws or violates constitutional rights. The Constitution and federal laws of the types listed in the first part of the clause, take priority over any conflicting rules of state law.
Tenth Amendment to the United States Constitution. The federal government possesses only those powers delegated to it by the United States Constitution. All remaining powers are reserved for the states or the people.
Rule According to Higher Law is a statement which expresses that no law may be enforced by the government unless it conforms with certain universal principles of fairness, morality, and justice. Thus, the rule according to a higher law may serve as a practical legal criterion to qualify the instances of political or economical decision-making, when a government, even though acting in conformity with clearly defined and properly enacted legal rules, still produces results which many observers find unfair or unjust.
From 1960–2019, the Supreme Court has held 483 laws unconstitutional in whole or in part.
Nullification is a legal theory that a state has the right to nullify, or invalidate, any federal laws which they deem unconstitutional with respect to the United States Constitution.
Amendments to the United States Constitution (wiki) - Repeals
Laws that are unfair or contradictory can be overturned. Repeal is the rescission of an existing law by subsequent legislation or constitutional amendment. Also referred to as abrogation. Repeal can be explicit or implicit.
Laws Held Unconstitutional in Whole or in Part by the Supreme Court - Drug War - Constitution-Free Zone
State Laws Held Unconstitutional - Secret Laws - Means, Motive, Opportunity
Indian Child Welfare Act may be the most unconstitutional law ever enacted. Not only is it race-based, but it also forces states to enforce federal regulations in violation of what courts call the “anti-commandeering” rule.
A Law repugnant to the Constitution is void.” - Chief Justice Marshall (wiki)
Only a governmental entity can violate the constitution, or indirectly, an individual exercising responsibility for that governmental entity. Each of us, as private citizens, cannot violate the Constitution.
Above the Law - Charlatans - Strange State Laws (pdf)
Both federal and state officers are required to take oaths pledging to uphold the Constitution as part of the duties of the office they hold. As sworn guardians of the Constitution, it's vital that law enforcement officers have a deep and detailed understanding of how the Constitution informs their goal of protecting and serving the public.
"I will faithfully and impartially discharge and perform all the duties incumbent upon me under the Constitution"
Sworn law enforcement officers are those who have taken an oath to support the Constitution of the United States, their state, and the laws of their agency's jurisdiction. Sworn officers also have the responsibility to ensure the safety and quality of life of the communities they serve.
The Supreme Court has held that judges lack immunity from prosecution for violating constitutional rights under 18 U.S.C. § 242 because Congress acted to proscribe criminal conduct by judges in the Civil Rights Act of 1866.
18 U.S.C. § 242: This provision makes it a crime for someone acting under color of law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. It is not necessary that the offense be motivated by racial bias or by any other animus or feeling of ill will arousing active hostility.
According to the FBI, the most common civil rights violations are those that are done under color of law. Other common violations involve racial violence or hate violence.
Examples of Constitutional and Civil Rights violations include :: Freedom of speech, Freedom of religion, Police misconduct, Censorship in public schools or libraries, Fairness in school or prison discipline, Privacy and other protections from government intrusion, Inhumane jail or prison conditions, Unfair treatment by government.
What, am I to argue that it is wrong to make men brutes, to rob them of their liberty, to work them without wages, to keep them ignorant of their relations to their fellow men, to beat them with sticks, to flay their flesh with the lash, to load their limbs with irons, to hunt them with dogs, to sell them at auction, to sunder their families, to knock out their teeth, to burn their flesh, to starve them into obedience and submission to their masters? Must I argue that a system thus marked with blood, and stained with pollution, is wrong? ... At a time like this, scorching irony, not convincing argument, is needed. O! had I the ability, and could I reach the nation’s ear, I would, to-day, pour out a fiery stream of biting ridicule, blasting reproach, withering sarcasm, and stern rebuke. For it is not light that is needed, but fire; it is not the gentle shower, but thunder. We need the storm, the whirlwind, and the earthquake. ~ Frederick Douglass.
Void for Vagueness is when a law is unenforceable because it is too vague for the average citizen to understand. This is because constitutionally permissible activity may not be chilled because of a statute's vagueness (either because the statute is a penal statute with criminal or quasi-criminal civil penalties, or because the interest invaded by the vague law is sufficiently fundamental to subject the statute to strict scrutiny by a court determining its constitutionality). There are several reasons a statute may be considered vague; in general, a statute might be void for vagueness when an average citizen cannot generally determine what persons are regulated, what conduct is prohibited, or what punishment may be imposed. For example, criminal laws which do not state explicitly and definitely what conduct is punishable are void for vagueness. A statute is also void for vagueness if a legislature's delegation of authority to judges or administrators is so extensive that it could lead to arbitrary prosecutions. A law can also be "void for vagueness" if it imposes on First Amendment freedom of speech, assembly, or religion.
Indeterminacy Debate in legal theory is a debate in the philosophy of law that debates whether or not the law is indeterminate, such as whether or not there is any determinate interpretation to be had of the law for its correct application. If a facial challenge is successful, a court will declare the statute in question facially invalid, which has the effect of striking it down entirely. This contrasts with a successful as-applied challenge, which will result in a court narrowing the circumstances in which the statute may constitutionally be applied without striking it down. Indeterminate is something not precisely determined or established; not fixed or known in advance. Something uncertain or ambiguous. Not leading to a definite ending or a particular result.
Overbreadth Doctrine is primarily concerned with facial challenges to laws under the First Amendment. A facial challenge is a challenge to a statute in which the plaintiff alleges that the legislation is always unconstitutional, and therefore void. It is contrasted with an as-applied challenge, which alleges that a particular application of a statute is unconstitutional.
Highway Robbery - Fourth - Fifth
Seat Belt Law - Seatbelt laws violate constitutional rights. Seat-belt laws infringe a person’s rights as guaranteed in the Fourth, Fifth, and the Ninth Amendments, and the civil rights section of the Fourteenth Amendment. Such laws are an unwarranted intrusion by government into the personal lives of citizens. A person has the right to determine one’s own individual personal health-care standard, especially if it doesn’t put any other person in danger. Wearing a seatbelt or not wearing a seatbelt does not stop accidents or does it cause accidents. There is no logical argument for wearing a seatbelt, except for children, but not for adults. While seat-belt use might save some people in certain kinds of traffic accidents, there is ample evidence that in other kinds, people have been more seriously injured and even killed only because they used seat belts. Besides such facts, a person has the right to refuse any health-care recommendation. No nonpsychiatric doctor would dare attempt to force a person to use a medical device or take a drug or have surgery or other medical treatment without full consent. Yet politicians force motorists to use a health-care device, a seat belt, against their will under threat of punishment that could include jail. Some people have been saved from death in certain kinds of accidents only because a seat belt was not used. In those cases, the malicious nature of seat-belt laws is further revealed: such persons are subject to fines for not dying in the accident while using a so-called safety device arbitrarily chosen by politicians. As for the promise that seat-belt laws would reduce auto insurance rates, there is no record of any insurance company ever reducing its rates because a seat-belt law was passed. Wearing a seatbelt may increase your odds of survival, but wearing a seatbelt could also kill you if your car catch's fire or sinks into a lake. So there is ample evidence that people have been more seriously injured and even killed only because they used seat belts. In a collision, it's sometimes better to be thrown out of the car than to be belted-in. And some seatbelts can malfunction or fail to work, which can cause death or injury. Every car accident is different. The most contributing factors in car deaths were human error, or related to alcohol, or related to excessive speeding, which accounts for more than 30 car accidents per day. The seatbelt enforcement should be secondary, that is, the police should not stop a motorist for not using a seatbelt unless the officer witnessed another traffic violation. Wearing a seat belt can reduce the risk of fatal injury to front-seat passenger car occupants by 45%, and risk of moderate-to-critical injury by 50%, but wearing seatbelts can also cause damage to your ribs because the impact can lead to bruised, fractured or even broken ribs due to the “locking” functionality of the seat belt. But every car accident is different, so there is no definitive risk factor, because it depends on the type of crash, the person, the car, and the conditions. Over two million people are hurt in traffic accidents every year, and 7% of motorists in the US have been in at least one car accident in their lifetime, and the average driver will file an insurance claim for an auto collision once every 17.9 years. An estimated 1,593,390 car crashes resulted in injuries and 3,621,681 caused property damage in 2020. That's a total of 5,250,837 collisions that happened over the course of a single year, but only 14,955 people died because they did not wear a seatbelt in a particular type of crash, and the type of crash is never known because the traffic report is not released to the public. Over half of the 42,915 people who die in car crashes were wearing seatbelts. So you die anyway. Air bags in cars reduce the death rate by 15 percent in frontal crashes, but depending on the car, air bags don't help in partial frontal, side, or rear crashes. A study released in August 1988 by the Highway Loss Data Institute compared auto-accident injury claims before and after the enactment of seat-belt laws in eight states and could find no clear-cut evidence that belt-use laws reduced the number of injuries. “These results are disappointing,” the report added. The hundreds of millions of dollars spent in support of seat-belt laws have been wasted. Not one penny of that money has ever prevented even a single traffic accident, the real cause of highway fatalities. We don’t need millions of dollars for stricter seat-belt law enforcement. Instead, we need more responsibly educated drivers, safer vehicles, and better roads to prevent traffic accidents. When it comes to school buses, most school buses still don't have seat belts. One reason is called compartmentalization, which says that children are protected from crashes by strong, closely -spaced seats that have energy-absorbing seat backs. The interior of large buses protect children without them needing to buckle up. There are approximately 114 school bus accidents in a year. School bus-related crashes killed 108 people nationwide in 2021, up 50% compared to the pandemic-related low number of 54 deaths in 2020. There are approximately 9 billion bus trips taken per year, which means that each time you board a bus, there is less than 1 percent chance that you will get into a bus accident. Adding seat belts to school buses can be expensive. Kids are more at risk when approaching or leaving a school bus.
Why do motorcycle riders don't need to wear helmets? Double Standard. Why don't children have seat belt's in buses? Negligence - Drug War.
But no one gets pulled over for smoking a cigarette while driving. Cigarette Smoking is responsible for more than 480,000 deaths per year in the United States, including more than 41,000 deaths resulting from secondhand smoke exposure. And 226.7 Billion dollars personal healthcare expenditures because of cigarette smoking in 2014 for the U.S. From 2010-2014, an estimated 11.7% (95% CI = 11.6%, 11.8%) of U.S. annual healthcare spending could be attributed to adult cigarette smoking. Of every $10 spent on healthcare in the U.S., almost 90 cents is due to smoking. (yet we pull people over for not wearing a seat belt, but not for smoking, which kills more people and does more damage. Hypocrisy). Constitutionality of the Mandatory Seat Belt Use Law.
Certain laws can also be used as a loophole for Police to get away with murder or violence.
Fourth Amendment - Protects people from unreasonable searches and seizures by the government, nor be deprived of life, liberty, or property, without due process of law.
Fifth Amendment - Right to a speedy and public trial, and be confronted with the witnesses against him. Barker v. Wingo, 407 U.S. 514 (1972), was a United States Supreme Court case involving the Sixth Amendment to the U.S. Constitution, specifically the right of defendants in criminal cases to a speedy trial. The Court held that determinations of whether or not the right to a speedy trial has been violated must be made on a case-by-case basis, and set forth four factors to be considered in the determination.
Ninth Amendment - The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Fourteenth Amendment - Right to liberty and due process.
Unenforced Law or symbolic law, or dead letter law, is a law which is formally in effect (de jure), but is usually de facto or not penalized by a jurisdiction. Such laws are usually ignored by law enforcement, and therefore there are few or no practical consequences for breaking them.
Decriminalization or decriminalization is the legislative process which removes prosecutions against an action so that the action remains illegal but has no criminal penalties or at most some civil fine.
Victimless Crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults.
Local Laws may do more harm than good. Nuisance laws can backfire, resulting in less safety in communities when residents fear reporting violence to the police and perpetrators gain impunity. Research shows that jaywalking laws don’t actually make streets safer. Community-generated complaints can cause unfair outcomes when motivated by bias such as prejudice against renters or residents of low-income neighborhoods. Preemption has rapidly become the tool of choice for many state legislatures to hinder local government’s power to create laws that improve people’s lives.
When fines are combined with court costs, numerous add-on fees, and potential late fees, the costs of a citation offense such as a speeding ticket can add up quickly. Failure to pay can then lead to disproportionate consequences ranging from a suspended driver’s license all the way to jail time for minor traffic violations. In effect, these cascading fees create a system in which the poor are penalized for being poor, even to the point of serving time in modern-day debtors prisons.
Fines and Fees in American Courts. State and local courts sentence millions of Americans to pay fines every year as punishment for an extraordinary range of offenses. Too often, they sentence struggling people to pay amounts they simply cannot afford and then punish them again for “failing” to come up with the money. Monetary sanctions are a necessary accountability tool, but in the United States they are so widely misused and abused that they effectively criminalize poverty.
Request Fine and Fee Reduction Without Going to the Courthouse.
An experienced criminal defense attorney can help you negotiate a lighter sentence and establish a payment plan for court fees and surcharges. Contact a criminal defense attorney in your area to learn more about your options.
Those presented with a fine need not do anything and can ignore the invitation to pay the fine; as it is merely an invitation to pay the fine - which can be Legally and Lawfully be declined without prejudice.
It seems that some laws are made to victimize people of color and harass minorities. So it seems that ignorant racist scumbags pass laws to be assholes to people they don't like. Like the drug war laws did and like bail bonds laws do.
Stop-and-Frisk was a state sponsored tactic used by police that was misused to aggressively offend and search citizens on the street, which violated the Fourth Amendment of the United States Constitution. The majority of those stopped by police were people of color, and a vastly disproportionate number are Black people, which is racial profiling and unconstitutional. Many of these stops have been unlawful and that some have led to violent police misconduct. The NYPD has conducted millions of stop-and-frisks in New York City over two decades. The Supreme Court ruled that 'stop and frisk' fell under the fourth amendment decrees in that citizens have a right to walk freely without being stopped and harassed by the police. The police must have a reasonable suspicion that a crime has been committed, or is being committed, or is about to be committed by the suspect. Police can't reach into your pockets and clothes or squeeze your body or pocket contents while frisking, unless they feel something like a weapon or have a suspicion that the person may be armed. To this day there is still very little evidence that aggressively searching mostly minority people makes New Yorkers safer.
Your Papers, Please is an expression or trope associated with nazi police state functionaries demanding identification from citizens during random stops or at checkpoints. It is a cultural metaphor for life in a police state. It has also been used to refer to interactions with citizens during police stops and immigration enforcement. Arizona's controversial SB 1070 law requiring people to carry identification was dubbed the "Papers, Please" law.
Stop and identify statutes are laws in several U.S. states that authorize police to lawfully order people whom they reasonably suspect of committing a crime to state their name. If there is not reasonable suspicion that a person has committed a crime, is committing a crime, or is about to commit a crime, the person is not required to identify themself, even in these states.
Cherry Picking is the manipulation of the facts by choosing only certain evidence while suppressing other evidence so as to alter the meaning of research or to misrepresent the truth of an investigation. So the data may seem to confirm a particular position, but in reality, it contradicts that position and perverts the understanding of that position by leaving out important factors that paint a different picture. This deceptive practice is used by religious charlatans who use beliefs as reasons for attacking human rights. And used by greedy and corrupt pharmaceutical companies who lie to push dangerous drugs on innocent people. Lying scumbags who falsify evidence and commit fraud.
Half-Truth is a deceptive statement that includes some element of truth, but only part of the whole truth, in order to misrepresent the facts with the intent to deceive and manipulate peoples understanding, just like propaganda does and circular talk does. These idiots are just full of shit.
Radar Speed Signs work best to control speeds of drivers. Automated Speed Cameras are just a money making scam that disproportionately affects Black and brown drivers for some reason. Automated Speed Cameras are generating literally millions of dollars in revenue from speed camera-issued speeding tickets. Automated Speed Cameras don't slow cars down because people have no idea the speed cameras are there. But Radar Speed Signs are clearly visible and work best at controlling speeds of drivers.
Automated Speed Cameras is a camera which may be mounted beside or over a road or installed in an enforcement vehicle to detect motoring offenses, including speeding. Critics say speed cameras can be a financial burden on those who are least able to pay. The 11 MPH cushion is fraudulent when everyone goes 10mph over the posted speed limit. So anyone passing a car would be considered speeding, when in fact they are only going a few miles an hour faster then the other drivers. Drivers have been falsely cited due to an inaccurate speed limit programmed into the system. View system test certificates. View calibration certificates. View maintenance instructions.
Automatic Number-Plate Recognition is a technology that uses optical character recognition on images to read vehicle registration plates to create vehicle location data.
Red Light Cameras are stationary and positioned at intersections, and captured red light violations. In the tiny city of West Miami, for instance, the cameras are expected to generate $1.45 million this year — more than 15% of total revenue, and the second largest source of funds after property taxes. Every month, the town of about 7,000 residents regularly snaps thousands of automated photos of people suspected of violating traffic laws. The money derived from six red light cameras amounts to more than 15% of the city’s total revenue, far higher than most other cities that run the programs. The cameras are expected to generate a total of $1.45 million in revenue for the city this year, making them the second largest source of funds, after property taxes. The total estimated revenue for the city this year is $9.2 million.
Entrapment - Highway Robbery
Radar Speed Sign or Speed Feedback Sign is a road side speed-measuring device which displays the speed of approaching motorists who are driving in their vehicle. The sign is constructed of a series of LED lights that displays big numbers and big letters. The purpose of radar speed signs is to slow cars down by making drivers aware of their speed, especially when they are driving at speeds above the posted limits. They are used as a traffic calming device in addition to or instead of physical devices such as speed bumps and rumble strips. Radar Speed Signs are also much more effective than Automated Speed Cameras using car plate readers which send you a fine, sometimes days or weeks later. The radar speed signs have no cameras and do not take any photos of offending drivers for enforcement purposes. A radar speed sign will slow traffic down somewhere from 1 mph to 11 mph compared to conditions before the sign. Radar speed signs have been proven to be highly effective in calming traffic and reducing the likelihood of fatal accidents involving pedestrians and automobiles. Unlike the money scamming system used by Automated Speed Cameras.
Constitutional Documents
Constitutional Documents of the entity are the documents which define the existence of the entity and regulate the structure and control of the entity and its members. The precise form of the constitutional documents depends upon the type of entity. UN Declarations.
Articles of Association is a document which, along with the memorandum of association (in cases where the memorandum exists) form the company's constitution, defines the responsibilities of the directors, the kind of business to be undertaken, and the means by which the shareholders exert control over the board of directors. It refers to that document of the company in which rules of internal management to achieve the objective laid down in the memorandum of association are stated.
Historic Documents that Influenced the American System of Government. Magna Carta, 1215. The House of Burgesses, 1619. The Mayflower Compact, 1620. The Fundamental Orders of Connecticut, 1636. English Bill of Rights, 1689. The Declaration of Independence, 1776. The Articles of Confederation, 1781.
Some of the 10 Most Important Documents in American History. Common Sense (1776). The Federalist Papers (1784-1788). Northwest Ordinance (1787). Seneca Falls "Declaration of Sentiments" (1848). Emancipation Proclamation (1863). Gettysburg Address (1863). Fourteenth Amendment to the U.S. Constitution (1868). Woodrow Wilson's Fourteen Points (1918)
Federalist Papers is a collection of 85 articles and essays written (under the pseudonym Publius) by Alexander Hamilton, James Madison, and John Jay promoting the ratification of the United States Constitution. Seventy-seven were published serially in the Independent Journal and the New York Packet between October 1787 and August 1788. A compilation of these and eight others, called The Federalist: A Collection of Essays, Written in Favour of the New Constitution, as Agreed upon by the Federal Convention, September 17, 1787, was published in two volumes in 1788 by J. and A. McLean. The collection's original title was The Federalist; the title The Federalist Papers did not emerge until the 20th century. Though the authors of The Federalist Papers foremost wished to influence the vote in favor of ratifying the Constitution, in "Federalist No. 1", they explicitly set that debate in broader political terms: It has been frequently remarked, that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force.
The American Dream
America is a great example of why it is so extremely important to give people freedom and the opportunities to explore, discover and learn. We have advanced our civilization in many fantastic ways, except for one critical area, education. Though we have improved education in some ways, education did not improve enough to match our level of knowledge that we have acquired in the last 100 years. We have failed miserably, and 99 percent of people on the planet don't understand how our inadequate education is. That is because they do not have the necessary knowledge and information that is needed to understand these inadequacies. Our inadequate education, along with our inadequate and irresponsible media and news outlets, have been solely responsible for the deaths of millions of people, as well as the suffering of 100's of millions of people, and the devastating consequences of poison air, poison water, poison food, poison products and poison land. It is absolutely necessary to improve education, if not, our own ignorance will be the death of us all.
American Revolutionary War was fought primarily between the Kingdom of Great Britain and her Thirteen Colonies in America, resulting in the overthrow of British rule in the colonies and the establishment of the United States of America. also known as the American War of Independence,(1775–1783). Patriot protests against taxation without representation followed the Stamp Act and escalated into boycotts, which culminated in 1773 with the Sons of Liberty destroying a shipment of tea in Boston Harbor. Britain responded by closing the harbor and passing a series of punitive measures against Massachusetts Bay Colony. Massachusetts colonists responded with the Suffolk Resolves, and they established a shadow government which wrested control of the countryside from the Crown. Twelve colonies formed a Continental Congress to coordinate their resistance, establishing committees and conventions that effectively seized power.
Evacuation Day on November 25 marks the day in 1783 when the British Army departed from New York City on Manhattan Island, after the end of the American Revolutionary War. In their wake, General George Washington triumphantly led the Continental Army from his headquarters north of the city across the Harlem River, and south through Manhattan to the Battery at its southern tip.
European Court of Human Rights or the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention.
Interpretations of Law
Living Constitution is the claim that the Constitution has a dynamic meaning or it has the properties of an animate being in the sense that it changes. The idea is associated with views that contemporaneous society should be taken into account when interpreting key constitutional phrases. interpreting the Constitution in accordance with its original meaning or intent is sometimes unacceptable as a policy matter, and thus that an evolving interpretation is necessary, and constitutional framers specifically wrote the Constitution in broad and flexible terms to create a dynamic living document. the Constitution should be changed through the amendment process. Allowing judges to determine an ever-changing meaning of the constitution can easily undermine democracy.
Amendments - Repeals - Unconstitutional
Originalism is a concept regarding the interpretation of the Constitution that asserts that all statements in the constitution must be interpreted based on the original understanding of the authors or the people at the time it was ratified. This concept views the Constitution as stable from the time of enactment, and that the meaning of its contents can be changed only by the steps set out in Article Five. This notion stands in contrast to the concept of the Living Constitution, which asserts that the Constitution should be interpreted based on the context of the current times, even if such interpretation is different from the original interpretations of the document.
Separation of Powers - Separation of Church and State - Corrupt Judges - Extremism
Constitution in Exile refers to the situation resulting from provisions of the United States Constitution allegedly not having been enforced according to their "original intent" or "original meaning". Some originalists might argue, for example, that the Commerce Clause and Necessary and Proper Clause do not authorize economic legislation dating all the way back to the New Deal.
Strict Constructionism involves judges interpreting the text only as it was written; once a clear meaning has been established, there is no need for further analysis, based on this way, which advocates that judges should avoid drawing inferences from previous statutes or the constitution and instead focus on exactly what was written. For example, Justice Hugo Black argued that the First Amendment's wording in reference to certain civil rights that Congress shall make no law should mean exactly that: no law, no exceptions.
Statutory Interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations.
Chevron Deference, or Chevron doctrine, is an administrative law principle that compels federal courts to defer to a federal agency's interpretation of an ambiguous or unclear statute that Congress delegated to the agency to administer.
Judicial Interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.
Government by Judiciary argues that the U.S. Supreme Court has interpreted the Fourteenth Amendment of the U.S. Constitution contrary to the original intent of the framers of this Amendment and that the U.S. Supreme Court has thus taken control by force the authority of the American people to govern themselves and decide their own destiny.
The Supreme Court's originalism is white supremacy. The conservative supermajority has weaponized this harmful judicial philosophy as a way to embrace a racist, patriarchal narrowing of political rights.
Judicial Terrorists - Christian Taliban - Religious Charlatans
Corrupt scumbags in positions of authority love to interpret information in a way that protects them, or protects other criminals, or manipulates the truth. And they can also interpret that same information in a different way so that it can be used to prosecute innocent people they don't like. Scumbags love to Cherry Pick.
Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
Plain Meaning Rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute. In other words, a statute is to be read word for word and is to be interpreted according to the ordinary meaning of the language, unless a statute explicitly defines some of its terms otherwise or unless the result would be cruel or absurd. Ordinary words are given their ordinary meaning, technical terms are given their technical meaning, and local, cultural terms are recognized as applicable. The plain meaning rule is the mechanism that prevents courts from taking sides in legislative or political issues. Additionally, it is the mechanism that underlies textualism and, to a certain extent, originalism. Plain meaning rule is also known as the literal rule and is one of three rules of statutory construction traditionally applied by English courts. The other two are the "mischief rule" and the "golden rule".
Document Writing in Plain Language
Mischief Rule is used to determine the exact scope of the "mischief" that the statute in question has set out to remedy, and to help the court rule in a manner which will "suppress the mischief, and advance the remedy".
Golden Rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interpretation would lead to a manifest absurdity or to a result that is obnoxious to principles of public policy. The rule can be applied in two different ways, named respectively the narrower approach and the wider approach.
Purposive Approach is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
State Constitutions
State Constitution is the statement of basic principles and highest laws of a state. Every state constitution reflects the diverse elements of its constituency, representing a microcosm of its people, traditions and political cultures. State constitution is the governing document of a U.S. state, comparable to the United States Constitution which is the governing document of the United States. Some states have had multiple constitutions and since each state drafts its own, there is great diversity between them, though all have some basic concepts in common. The average length of a state constitution is about 39,000 words. The shortest is the Constitution of Vermont, adopted in 1793 and currently 8,295 words long. The longest state governing document is that of Alabama, which has approximately 389,000 words. That document is also the most amended state constitution in the Union, with nearly 950 amendments. The average state constitution has been amended about 115 times. The oldest state constitution still in effect is that of Massachusetts, which took effect in 1780. The newest is the Rhode Island Constitution, which was ratified by voters in 1986 after a constitutional convention was held which proposed deleting superseded language and reorganizing the state's 1843 Constitution. The Georgia Constitution is the next youngest and was ratified in 1983. Both the federal and state constitutions are organic texts: they are the fundamental blueprints for the legal and political organizations of the United States and the states, respectively. Sovereign States.
Songs of Praise - Songs of Devotion
Anthem is a song of devotion or loyalty, or a song of praise. Anthem is a musical composition of celebration, usually used as a symbol for a distinct group, particularly the national anthems of countries. Originally, and in music theory and religious contexts, it also refers more particularly to short sacred choral work (still frequently seen in Sacred Harp and other types of shape note singing) and still more particularly to a specific form of Anglican church music.
America the Beautiful - Words by Katharine Lee Bates, Melody by Samuel Ward (wiki).
O beautiful for spacious skies,
For amber waves of grain,
For purple mountain majesties
Above the fruited plain!
America! America!
God shed his grace on thee
And crown thy good with brotherhood
From sea to shining sea!
O beautiful for pilgrim feet
Whose stern impassioned stress
A thoroughfare of freedom beat
Across the wilderness!
America! America!
God mend thine every flaw,
Confirm thy soul in self-control,
Thy liberty in law!
O beautiful for heroes proved
In liberating strife.
Who more than self their country loved
And mercy more than life!
America! America!
May God thy gold refine
Till all success be nobleness
And every gain divine!
O beautiful for patriot dream
That sees beyond the years
Thine alabaster cities gleam
Undimmed by human tears!
America! America!
God shed his grace on thee
And crown thy good with brotherhood
From sea to shining sea!
O beautiful for halcyon skies,
For amber waves of grain,
For purple mountain majesties
Above the enameled plain!
America! America!
God shed his grace on thee
Till souls wax fair as earth and air
And music-hearted sea!
O beautiful for pilgrims feet,
Whose stem impassioned stress
A thoroughfare for freedom beat
Across the wilderness!
America! America!
God shed his grace on thee
Till paths be wrought through
wilds of thought
By pilgrim foot and knee!
O beautiful for glory-tale
Of liberating strife
When once and twice,
for man's avail
Men lavished precious life!
America! America!
God shed his grace on thee
Till selfish gain no longer stain
The banner of the free!
O beautiful for patriot dream
That sees beyond the years
Thine alabaster cities gleam
Undimmed by human tears!
America! America!
God shed his grace on thee
Till nobler men keep once again
Thy whiter jubilee.
God Bless America - American patriotic song written by Irving Berlin in 1918 and revised by him in 1938. The later version has notably been recorded by Kate Smith, becoming her signature song.
God Bless America, Land that I love.
Stand beside her, and guide her
Thru the night with a light from above.
From the mountains, to the prairies,
To the oceans, white with foam.
God bless America, My home sweet home.
Additional verse
"While the storm clouds gather far across the sea,
Let us swear allegiance to a land that's free,
Let us all be grateful for a land so fair,
As we raise our voices in a solemn prayer."
My country, 'tis of thee - My Country, 'Tis of Thee (wiki).
My country, 'tis of thee,
Sweet land of liberty,
Of thee I sing;
Land where my fathers died,
Land of the pilgrims' pride,
From ev'ry mountainside
Let freedom ring!
My native country, thee,
Land of the noble free,
Thy name I love;
I love thy rocks and rills,
Thy woods and templed hills;
My heart with rapture thrills,
Like that above.
Let music swell the breeze,
And ring from all the trees
Sweet freedom's song;
Let mortal tongues awake;
Let all that breathe partake;
Let rocks their silence break,
The sound prolong.
Our fathers' God to Thee,
Author of liberty,
To Thee we sing.
Long may our land be bright,
With freedom's holy light,
Protect us by Thy might,
Great God our King.
Additional verse to celebrate Washington's Centennial:
Our joyful hearts today,
Their grateful tribute pay,
Happy and free,
After our toils and fears,
After our blood and tears,
Strong with our hundred years,
O God, to Thee.
Additional verses by Henry van Dyke:
We love thine inland seas,
Thy groves and giant trees,
Thy rolling plains;
Thy rivers' mighty sweep,
Thy mystic canyons deep,
Thy mountains wild and steep,--
All thy domains.
Thy silver Eastern strands,
Thy Golden Gate that stands
Fronting the West;
Thy flowery Southland fair,
Thy North's sweet, crystal air:
O Land beyond compare,
We love thee best!
Additional Abolitionist verses by A. G. Duncan, 1843:
My country, 'tis of thee,
Stronghold of slavery, of thee I sing;
Land where my fathers died,
Where men man’s rights deride,
From every mountainside thy deeds shall ring!
My native country, thee,
Where all men are born free, if white’s their skin;
I love thy hills and dales,
Thy mounts and pleasant vales;
But hate thy negro sales, as foulest sin.
Let wailing swell the breeze,
And ring from all the trees the black man’s wrong;
Let every tongue awake;
Let bond and free partake;
Let rocks their silence break, the sound prolong.
Our father’s God! to thee,
Author of Liberty, to thee we sing;
Soon may our land be bright,
With holy freedom’s right,
Protect us by thy might, Great God, our King.
It comes, the joyful day,
When tyranny’s proud sway, stern as the grave,
Shall to the ground be hurl’d,
And freedom’s flag, unfurl’d,
Shall wave throughout the world, O’er every slave.
Trump of glad jubilee!
Echo o’er land and sea freedom for all.
Let the glad tidings fly,
And every tribe reply,
“Glory to God on high,” at Slavery’s fall.
This Land Is Your Land - Written by American folk singer Woody Guthrie in 1940.
This land is your land, this land is my land
From California to the New York Island
From the Redwood Forest, to the Gulf stream waters
This land was made for you and me
And I went walking that ribbon of highway
And saw above me that endless skyway
I saw below me the golden valley
This land was made for you and me
I roamed and rambled and followed my footsteps
To the sparkling sands of her diamond deserts
And all around meT, a voice was sounding
This land was made for you and me
There was a big high wall there that tried to stop me
A sign was painted said: Private Property
But on the back side it didn't say nothing
This land was made for you and me
When the sun come shining, then I was strolling
In wheat fields waving and dust clouds rolling
The voice was chanting as the fog was lifting
This land was made for you and me
This land is your land, this land is my land
From California to the New York Island
From the Redwood Forest, to the Gulf stream waters
This land was made for you and me
Star-Spangled Banner - The Star-Spangled Banner.
O say can you see, by the dawn's early light,
What so proudly we hailed at the twilight's last gleaming,
Whose broad stripes and bright stars through the perilous fight,
O'er the ramparts we watched, were so gallantly streaming?
And the rockets' red glare, the bombs bursting in air,
Gave proof through the night that our flag was still there;
O say does that star-spangled banner yet wave
O'er the land of the free and the home of the brave?
On the shore dimly seen through the mists of the deep,
Where the foe's haughty host in dread silence reposes,
What is that which the breeze, o'er the towering steep,
As it fitfully blows, half conceals, half discloses?
Now it catches the gleam of the morning's first beam,
In full glory reflected now shines in the stream:
'Tis the star-spangled banner, O long may it wave
O'er the land of the free and the home of the brave.
And where is that band who so vauntingly swore
That the havoc of war and the battle's confusion,
A home and a country, should leave us no more?
Their blood has washed out their foul footsteps' pollution.
No refuge could save the hireling and slave
From the terror of flight, or the gloom of the grave:
And the star-spangled banner in triumph doth wave,
O'er the land of the free and the home of the brave.
O thus be it ever, when freemen shall stand
Between their loved homes and the war's desolation.
Blest with vict'ry and peace, may the Heav'n rescued land
Praise the Power that hath made and preserved us a nation!
Then conquer we must, when our cause it is just,
And this be our motto: 'In God is our trust.'
And the star-spangled banner in triumph shall wave
O'er the land of the free and the home of the brave.
Everything I Do, I Do It For You - Everything I Do, I Do It For You by Bryan Adams, is a great song when you imagine that the song is about America. The video would show images of America and showing Americans doing good things.
Look into my eyes – you will see
What you mean to me.
Search your heart, search your soul
And when you find me there you'll search no more.
Don't tell me it's not worth tryin' for.
You can't tell me it's not worth dyin' for.
You know it's true:
Everything I do, I do it for you.
Look into your heart – you will find
There's nothin' there to hide.
Take me as I am, take my life.
I would give it all, I would sacrifice.
Don't tell me it's not worth fightin' for
I can't help it, there's nothin' I want more
You know it's true:
Everything I do, I do it for you, oh, yeah.
There's no love like your love
And no other could give more love.
There's nowhere unless you're there
All the time, all the way, yeah.
Look into your heart, baby...
Oh, you can't tell me it's not worth tryin' for.
I can't help it, there's nothin' I want more.
Yeah, I would fight for you, I'd lie for you,
Walk the wire for you, yeah, I'd die for you.
You know it's true:
Everything I do, oh, I do it for you.
Everything I do, darling.
You will see it's true.
You will see it's true.
Yeah!
Search your heart and your soul
You can't tell it's not worth dying for
I'll be there
I'd walk the fire for you
I'd die for you
Oh, yeah.
I'm going all the time, all the way.
