Profile picture
Patrick Nonwhite @NonWhiteHat
, 20 tweets, 2 min read Read on Twitter
If I still blogged, I would write a lawsplainer on the concept of "Due Process," what it means, and why neither unfair gossip nor legitimate journalism violates it.
/2 So I'll write a tweetstorm about it, and perhaps convert that. I'll try to stick to 140. I believe in 140.
/3 "Due process" refers to the requirement that trials be conducted with "due process of law," a concept older than the American republic, but enshrined in the Fifth Amendment.
/4 (It's broader than that.) The Fighting Fifth, and its cousin The Fighting Fourteenth," state that governments cannot divest citizens of "life, liberty, or property" with due process of law.
/5 This means, broadly, that government can't take execute you, jail you, or seize your property (construed broadly) with a fair hearing before an impartial judge.
/6 It does not refer to acts of private parties. For instance, I just blocked some hammerhead for calling me a "dick." Although blocking him was completely arbitrary...
/7 I am not a government agent, and for that matter he has no "property" right to read my tweets. I did it because I felt like it, and THAT'S OK.
/8 However, were I government account, or if I provided a government service, he might have a right to read my tweets, and blocking him would require due process.
/9 That is, a judge or court would have to determine my blocking him was allowed by law, wasn't arbitrary, and he was given reasonable notice.
/10 Which brings us to Roy Moore. Roy Moore is accused, by multiple witnesses in the Washington Post, of inappropriate sexual behavior.
/11 Many of Roy's defenders say that he is being accused "without due process." This is "pure applesauce," as the late Justice Scalia might have put it.
/12 The accusations against Moore, rather, are journalism, which is protected by the First Amendment. Moore can file a libel suit against his accusers or the Post if he wishes.
/13 (The libel trial, since a court is a government agency, would itself have to be conducted with due process: A fair hearing with witnesses and customary burdens of proof.)
/14 The more serious people raising "due process" mean, perhaps, that Moore should not lose his place as Alabama GOP Senate nominee without "due process."
/15 And that is a serious matter, one entwining Alabama election law, Alabama GOP internal rules, and the courts in a way I'm not educated enough to opine on.
/16 But some also mean, "not voting for Roy Moore because a respected paper just published a devastating story about him" violated Moore's due process rights. Somehow.
/17 And that, as Justice Scalia would say, is "jiggery pokery." In fact, the ones who have due process rights in the decision in whether Moore is elected are Alabama voters.
/18 So if you see someone saying that Roy Moore is being "convicted without due process" that person doesn't know what he's talking about.
/19 Or is simply saying it in bad faith. In either case, take that into account when deciding whether to take that person's arguments seriously.
/20 I will end this screed with a tweet under 140 characters.
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to Patrick Nonwhite
Profile picture

Get real-time email alerts when new unrolls are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member and get exclusive features!

Premium member ($3.00/month or $30.00/year)

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!