Stack47's Blog

Thoughts and prayers are still going out again and again

Yet the problem of preventing the shooters from getting firearms still is not solved. Some say more extensive background checks are needed, but in most cases the shooter didn't buy the guns. Simply owning guns is not the root cause; accessibility to guns is. Haven't read where or how Colt Grey acquired the guns he used on Wednesday, but it's obvious if they were locked in a safe place, it was easy for him to get the key. Making firearms less accessible almost defeats the purpose of owning them for protection so how to safely store them becomes a "catch-22".

Thoughts and prayers won't prevent the next school shooting and unless something is done, they will continue to be offered again and again. Any thoughts on meaningful solution?

Entry #482

First Amendment Auditors

A while back watched a You Tube video showing people filming in public and their interactions with people that don't understand the U. S. Constitution. And incredibly some law enforcement that doesn't understand it either. After watching any video on any subject, You Tube gives the option to watch many other videos on the same subject matter and there are literally hundreds of these videos. 

Several involve filming in public buildings like post offices and court houses while others are filming from public sidewalks. Federal Courts ruled the First Amendment freedoms of the press and speech protect the right to film in public spaces. The interactions with people that don't want to be filmed and the police when called is what makes them interesting. Some of these videos are over 10 years old and amazing that some law enforcement not only don't understand First Amendment Rights but Fourth and Fifth Amendment Rights too.

On Monday the Right to film in a National Cemetery was tested when Trump was filmed standing by Darin Hoover's grave along with family members. Apparently an altercation occurred when a cemetery official told Trump's people, section 60 was "off limits" to photography. That reminded me of when auditors are told by police "It's legal to film" BUT. I've read and studied the Constitution and there are no BUTs. There is a federal law about using photo op in Federal Cemeteries for campaign purposes though it still doesn't supersede the First Amendment. Besides until those photos are used for campaigning, there is no "crime".

Can't believe I'm defending him.

Entry #481

"they're rated equal"

This time Trump's disgusting anti military remarks are on video unlike when he said “Why should I go to that cemetery? It’s filled with losers.” 

NY Times

CNN

The Atlantic

U.S. News and World Report

Newsweek

Trump said about the Presidential Medal of Freedom, "It's actually much better because everyone [who] gets the Congressional Medal of Honor, they're soldiers," and "they're either in very bad shape because they've been hit so many times by bullets or they're dead. She gets it, and she's a healthy, beautiful woman, and they're rated equal."

Can't wait to read the spin from the poorly educated MAGA Kool-Aid drinking Trump worshipers.

Entry #480

Did the Detroit Lions choke or was it The Curse of Bobby Layne.

While similar to the curse of Rocky Colavito that that was made in 1958 the Layne Curse continues for now 66 years.

According to Bobby's wife, after getting traded to the Steelers, Layne said "the Lions wouldn’t win a championship for another 50 years". The curse was made before the Super Bowl and when the NFL had 12 teams with six each in Eastern and Western Conferences. Had the LIons beaten the 49ers, a case could be made winning the NFC Conference lifted the curse, but apparently "the curse" took over in the second half and is still alive and well.

According to Cleveland Indians lore, after being fired as manager in 1958, Bobby Bragan walked out to the pitcher's mound at Cleveland Municipal Stadium and placed a curse on the Indians, saying "they would never win another pennant". Two years later, Colavito was traded. The last time the Cleveland Indians won the World Series was in 1948 and because they are now the Cleveland Guardians, apparently the curse will last forever.

Entry #479

The President can do what?

According to D. John Sauer the President of the U.S. can legally order a Seal team to assassinate their political rivals. His argument probably wasn't very well thought out because if the Appeals Court agrees with him, look for a Seal team to hit Mar-a-Lago the next day.

Yeah I know Sauer added some mumbo jumbo word salad exceptions that made the judges concentrate on not rolling their eyes. Shouldn't be a problem if they rule against because Trump's NY lawyer Alina Habba said people like Brett Kavanaugh are in Trump's pocket like "so many nickels and dimes",

"I have faith in them. People like Kavanaugh, who the president fought for, who the president went through hell to get into place, he'll step up," Habba said. "Those people will step up not because they're pro-Trump, but because they're pro-law, because they're pro-fairness, and the law on this is very clear."

Entry #475

Antisemitism or Free Speech?

Last week three University Presidents from Harvard, Penn, and MIT were questioned by House members on if antisemitism speech violated their codes of conduct. All three had problems answering when asked if “calling for the genocide of Jews” is a violation. One of the answers was "depends on the context" as if  calling for genocide could mean anything else. 

But what about in public where people are not subject to codes of conduct. Most of us will agree it's hurtful, but hurting someone's feelings is not the same physically harming them. There are some 1st Amendment exceptions like with court gag orders and social media TOS agreements. But if you see people holding signs on public property calling for genocide is probably protected speech.

Entry #474

Panera founder says employees aren't motivated...

...."by the idea of making money for shareholders: Nobody cares!"

Talk about being out of touch with employees. Next time I get a Big Mac, Whooper, Dave's double, or an Arby's roast beef, when they ask if I want fries, I'll ask if that's their motivation to make money for shareholders. 

Wonder why the genius founder Ron Shaich hasn't figured out if he gave his employees stock or profit sharing, they might care?

Entry #473

Are ambiguous statements covered by the 1st Amendment?

There are a few narrow categories of speech not protected including incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats. However with the exception of child pornography, the others could be protected speech if the statements are ambiguous. Two current examples are things being said about Jack Smith and Tommy Tuberville.

Someone on "X" asked if Tuberville should be “removed from his Senate committee” and former CIA Director Michael Hayden replied  with"How about the human race?" Senator Tuberville accused Hayden of calling for his assassination and made a report to the Capital Police. During a Newsmax interview, Republican Congressman Clay Higgins said Jack Smith's "days are numbered." 

The Higgins example can and probably will be considered ambiguous because it could mean several other things. Hayden's remark could be borderline, but he did ask a question and later posted,

"I was surprised to wake up this morning and discover that many MAGAnuts had lost their minds over my suggestion that “Coach” Tuberville not be considered a member of the human race. I stand by that view. I’m wishing you all a nice day even the intransigent Tommy Tuberville."

Had a laugh when I read under "freedom of expression guaranteed by the First Amendment" in the Encyclopedia Britannica, incitement was defined as "such speech as to a mob urging it to attack a nearby building". Wonder why they used that as an example of inciting?

Entry #472

Gag order v First Amendment

That topic is being discussed on far right, far left, and everything in between news talk and pod casts.

Served as a juror and when the judge broke for lunch, he told us not to discuss testimony with anyone including other jurors. He didn't give an "or else", but based on the major and most news worthy current trials, doesn't seem to be a "or else" for high profile trials. 

Wasn't really much for me to discuss because I only heard the prosecution side of a DUI case. It was obvious the rule of law applied to me as a juror or judge would not have said it and questioning if it violated my Right to free speech was out of the question and not worth the drama. 

And speaking of drama the defendant in a Civil Trial where guilt was already determined, the Judge is now hearing evidence to decide how big of a fine and the drama queen is going overboard trashing the judge, prosecutor, and court. HIs lawyers are claiming it's his right under free speech. IMO I wouldn't trash the judge that will rule on how much I must pay in damages but that seems to be the strategy in the Manhattan courtroom. Maybe he's hoping for a mistrial by convincing an appeals court he forced the judge to rule against him because of his trash talking.

Entry #470

Ohioans are now pot smoking pro choicers!!

And Elvis' cousin left the building in Mississippi! Not much to debate about the 2023 election results unless someone like Mike Pillow wants to say the elections were rigged and rigged twice in Ohio.

The Democrats took control of the State House in Virginia and solid red Kentucky elected a Democrat Governor and several counties approved liquor sales.

Entry #469

Marjorie Greene's TV is spying on her!

She said "the screen showed someone’s laptop trying to connect to the TV,” Maybe just a weird coincidence, but my TV screen showed a bunch of guys playing professional football, basketball, hockey, and baseball all on the same night.

The FBI won't look into to it because apparently it's them that are spying on poor paranoidal Marge.

Entry #468