Dilan Esper Profile picture
Mar 10 5 tweets 1 min read
A nice example of police testilying from the 5th Circuit. #appellatetwitter

drive.google.com/file/d/1ipnvuZ…

"Ducksworth was charged with disorderly conduct and resisting arrest." 1/
"At Ducksworth’s municipal trial Landrum submitted an affidavit claiming that Ducksworth unlawfully refused to follow Landrum’s commands to leave the car wash." 2/
"But on the stand, Landrum admitted that this affidavit was inaccurate because he had not ordered Ducksworth to leave the premises—only Welch had." 3/
"Landrum also submitted an incident report, which said the car wash manager told the officers that Ducksworth refused to leave the car wash. At the municipal trial, Landrum testified that this portion of the report was 'somewhat' inaccurate." 4/
So an officer tasered someone who had paid for a car wash and wanted to receive the services he paid for. Then he filed a false report trying to justify the tasing by saying that the car wash manager ordered him to leave the premises, when in fact only another cop did. End/

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More from @dilanesper

Mar 12
OK, as promised, here's a thread on the right to publish allegedly illegally obtained information.

We will start with journalists. For them, the rule is simple- they have a constitutional right to publish any material of public concern, with only one exception. 1/
This comes from a SCOTUS case named Bartnicki v. Vopper.

The exception? If the journalist literally commits a trespass herself to get the information. I.e., a journalist can't break into a corporation's offices, steal records, and then publish them. 2/

supreme.justia.com/cases/federal/…
Now, I've seen some arguments that the Reed stuff is not a matter of public concern. The public concern test is broad. For instance, in Cinel v. Connick, the 5th Circuit held that recordings of a priest having sex with young men were held to be a matter of public concern. 3/
Read 40 tweets
Mar 7
There's an immaturity here. As my feminist legal theory professor taught me, the personal can be political. This issue is BOTH a fraught issue where we should absolutely center our concern on trans kids and their parents, AND a big time political issue.

You can't wish away the politics of something just because you don't like that some people will disagree with you.
The way the political world works is we have personal experiences and then some of them lead us to public policy questions. This is especially true in the area of health care and medical treatment, where the public fisc alone makes a lot of personal issues political.
Read 4 tweets
Mar 7
My reading of this is that a philosophy professor desired to have an affair- something many people do in midlife- and, because she was a philosophy professor, totally overthought the entire situation.
The other notable thing about it is the absence of sex from her narrative. I get it- people don't want to talk about their sex lives. But I am entirely skeptical of all this "they fell in love instantly while smoking cigarettes in her office" narrative. Come on.
It doesn't appeal to her vanity as a philosopher, but she found a younger hot student who performed better in bed than her husband did, broke up her marriage in favor of the better sex/hotter guy, and then managed to piece her life as a parent back together after that.
Read 5 tweets
Feb 18
I have thought a lot about this. I tend to be very earnest about these issues and defensive about the Court system, but even I concede that there's a point in which the President might have to just ignore a court order. BUT it would have to be from SCOTUS. 1/
If this judge invalidates the approval of the abortion pill (which, by the way, would NOT take it off the market-- remember that), you take an appeal to the 5th Circuit, and if unsuccessful, to SCOTUS. If you lose all the way up, that's when you talk about disobedience. 2/
I don't think this is the right case for disobedience, but I say that mainly because courts can't take the abortion pill of the market. It would have to be something where the courts order something that is (1) illegal, (2) morally offensive, and (3) would do terrible harm. 3/
Read 7 tweets
Feb 17
So several people have now made this argument to me. Speed limits are often too low. Indeed, sometimes they are deliberately set too low to raise revenue (what we call "speed traps").

All true. Nonetheless, this isn't a reason to give up enforcement. 1/
First, lots of things are set lower than they need to be for safety. There are additives in foods, and pharmaceuticals, where the legal limit is set at X when in fact 2X or 3X would still be safe. And yet, we expect food and drug companies to abide by the limits. 2/
We all understand the notion of building in a tolerance. By setting the level at X, we ensure that if a mistake is made and a little more than X is put in, we won't have a safety issue. 3/
Read 12 tweets
Feb 17
It's important to draw some distinctions here. Workers have the right to band together demand better working conditions, collectively bargain, and even go on strike.

But trashing your bosses on Twitter about editorial choices isn't labor negotiation.

For one thing, I don't care how many times people say it, a media organization's decisions as to what stories go into the paper is its prerogative. It isn't workplace harassment or an HR issue.
For instance, a lot has come out about terrible things Hugh Hefner did. And if he demanded quid pro quos from his subordinates and associates, that's a harassment issue.

You know what WASN'T an HR issue? The fact that he decided to publish nude photos of women in the magazine.
Read 8 tweets

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