...Once again,, this is an act of civil disobedience that has been used in protests for generations from BLM to environmental to civil rights protests. The government can clearly arrest those who block roads. Such arrests have occurred throughout these protests. However...
...Trudeau has invoked powers that can freeze funding and bank accounts as well as other heavy handed measures. The same powers could be used to shutdown other political causes and arrests their leaders. The implications of these powers for free speech in Canada are chilling.
...For whatever reason, Trudeau seems to want to make this into a more serious confrontation. However, that is now expanding the movement as other truckers respond to what they see as heavy handed measures. foxnews.com/world/canadian… I fail to see what any of this was necessary...
...Trudeau could have cleared the bridge or roads under existing laws without (for the first time) using the emergency powers provision. He could have spoken directly with the truckers. Instead, he is demonizing not just the truckers but anyone who supports them.
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This is a major problem and could substantially change the impact of the case on appeal. In this case, Judge Rakoff effectively supplied both the instructions and the answers for the jury...jonathanturley.org/2022/02/17/del…
...Palin should move for the verdict to be set aside and allow the appeal to go forward on the judge’s ruling alone. That is a much better appellate posture and would make the case a serious potential challenge to the application of the actual malice standard to public figures.
...There are members of the Supreme Court that have already raised discomfort over the standard being applied to public figures as opposed to public officials. However, the jury verdict made the case less compelling as a clean challenge. This may now remove that added baggage.
Judge Jed S. Rakoff came up with a curious legal version of a palindrome for Palin. Rakoff announced that, regardless of their verdict, he would again dismiss the case. In Rakoff's courtroom it would read the same: no liability for the New York Times...thehill.com/opinion/judici…
The Times helped create this standard as the victim of a bias campaign. The status is far less obvious today. The Times has become the very thing that the original decision sought to combat. The Times often uses this protection to shield false attacks on political opponents...
While the win for The Times is ordinarily a cause for celebration in the interests of journalism, even Judge Rakoff expressed mixed feelings about the dismissal in light of the conduct of the editors...
To critics in our hair-triggered political environment, it did not matter that I have referred to MLK being arrested repeatedly any more than the fact that I was clearly referring to the Canadian government today in making such arrests. jonathanturley.org/2022/02/16/tru…
...The point is that it is not just truckers who can be the targets of such Canadian emergency powers. The sweeping language would allow Trudeau to shutdown a contemporary civil rights movement and a leader like Dr. King as easily as he did the convoy.
...These are sweeping emergency powers that could be used against some of our most celebrated figures and shutdown some of our most revered causes...
Not to feed the trolls, but I never said that Dr. King was not arrested. I said that the Canadian policy could be used to arrest MLK for the same acts of civil disobedience. The point is that such acts of civil disobedience are not viewed as "terrorism" or "insurrection."...
...Under the Canadian policy, the government could freeze donations of the civil rights movement for using civil disobedience. We were discussing the Canadian policy and how it is used with different groups...
...Instead of addressing the implications of the use of such emergency powers today, critics are noting that MLK was arrested. Of course, he was. The point is how such protests would be treated today under the emergency powers being used by the Trudeau government.
The use of the emergency powers against the truckers has magnified the concerns over how the protest is being treated. Acts of civil disobedience are common in protests. It does not make these protesters terrorists and insurrectionists... jonathanturley.org/2022/02/14/fre…
...Martin Luther King and civil rights marchers were regularly arrested for acts of civil disobedience, including marches blocking streets or bridges. That did not make them terrorists...
...The rhetoric and the means used by the Trudeau government is increasing these tensions. Under his definition, even civil rights leaders blocking bridges could have been subject to these measures including the freezing of donations.
Biden was careful to keep his focus on North Carolina in stating that "for too long, partisan gerrymandering has allowed politicians to rig the political process." It required impressive myopia to avoid noting raw Democratic gerrymandering in other states. thehill.com/opinion/campai…
...Notably, the original gerrymandered district looks a lot like what is dubbed the "Jerrymander." To cite Biden, Rep. Nadler did not simply "choose his voters.” His contorted district virtually selects them individually, weaving through neighborhoods in search of support.
...While the National Democratic Redistricting Committee called for a “Fair Districts Pledge” to “commit to restoring fairness to our democracy,” these politicians have instead followed Oscar Wilde's rule that “the only way to get rid of a temptation is to yield to it.”