maxparrish
Veteran Member
- Joined
- Aug 30, 2005
- Messages
- 2,262
- Location
- SF Bay Area
- Basic Beliefs
- Libertarian-Conservative, Agnostic.
The latest reign of legal terror, started by one of the "Prosecutor Generals" of the left (and the complaints of his unionista wife), along with its endless secret investigations, secret warrants, and every handy battering ram are over. Joining the litany of sorry legal heaps (Duke, Stevens, Delay, etc.) this latest corruption of law through 'lawfare' has been quashed by a disgusted Supreme Court.
- See more at: http://legalinsurrection.com/2015/0...(Le·gal+In·sur·rec·tion)#sthash.aNBYvrLd.dpuf
Next to be laughed out of court? The Rick Perry 'prosecution'.
¶68 Having reached our conclusion about the scope of conduct regulated by Chapter 11, we now turn to the special prosecutor’s theories of coordination and whether the alleged conduct is regulated under Wisconsin law.[23] The special prosecutor has disregarded the vital principle that in our nation and our state political speech is a fundamental right and is afforded the highest level of protection. The special prosecutor’s theories, rather than “assur[ing] [the] unfettered interchange of ideas for the bringing about of political and social changes desired by the people,” Roth, 354 U.S. at 484, instead would assure that such political speech will be investigated with paramilitary-style home invasions conducted in the pre-dawn hours and then prosecuted and punished. In short, the special prosecutor completely ignores the command that, when seeking to regulate issue advocacy groups, such regulation must be done with “narrow specificity.” Barland II, 751 F.3d at 811 (quotations omitted).
¶69 The limiting construction that we apply makes clear that the special prosecutor’s theories are unsupportable in law given that the theories rely on overbroad and vague statutes. By limiting the definition of “political purposes” to express advocacy and its functional equivalent, political speech continues to be protected as a fundamental First Amendment right.
Our lengthy discussion of these three cases can be distilled into a few simple, but important, points. It is utterly clear that the special prosecutor has employed theories of law that do not exist in order to investigate citizens who were wholly innocent of any wrongdoing. In other words, the special prosecutor was the instigator of a “perfect storm” of wrongs that was visited upon the innocent Unnamed Movants and those who dared to associate with them. It is fortunate, indeed, for every other citizen of this great State who is interested in the protection of fundamental liberties that the special prosecutor chose as his targets innocent citizens who had both the will and the means to fight the unlimited resources of an unjust prosecution. Further, these brave individuals played a crucial role in presenting this court with an opportunity to re-endorse its commitment to upholding the fundamental right of each and every citizen to engage in lawful political activity and to do so free from the fear of the tyrannical retribution of arbitrary or capricious governmental prosecution. Let one point be clear: our conclusion today ends this unconstitutional John Doe investigation.
- See more at: http://legalinsurrection.com/2015/0...(Le·gal+In·sur·rec·tion)#sthash.aNBYvrLd.dpuf
Next to be laughed out of court? The Rick Perry 'prosecution'.