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Message started by Eegore on 02/02/24 at 06:52:15

Title: 1st Amendment / Covid case
Post by Eegore on 02/02/24 at 06:52:15

 I've been following this case and am glad to see the appeals process worked in favor of the human US Citizen making a joke.

 The initial "qualified immunity" ruling should have been omitted simply due to the timeline of arrest first - warrant later - reason why even later than that.  Claiming major protests in the area existed months before they did should have removed Iles' (Sheriff) credibility of defense on the first case filing.

https://www.ca5.uscourts.gov/opinions/pub/22/22-30509-CV1.pdf

https://reason.com/volokh/2022/07/22/arrest-for-world-war-z-inspired-march-2020-joke-about-police-shooting-infected-on-sight-was-constitutional/

https://www.yahoo.com/news/arrested-making-joke-facebook-jury-212045619.html

https://ij.org/case/bailey-v-iles/

Title: Re: 1st Amendment / Covid case
Post by MnSpring on 02/02/24 at 07:50:41

“… the human US Citizen …”

Would not, “US Citizen” suffice ?

Why add, “Human” ?

Are/Can, Mammals, Birds, Insects, Reptiles, even,  inanimate objects who frequently cross borders with immunity, be , ‘Citizens” ?

A ‘Citizen’, is a Country’s ‘Citizen’. Like Somalian ‘Citizen’,  UK ‘Citizen’, Mexico ‘Citizen’, or USA ‘Citizen’ (just to name a tiny few)

Reminds me of the time, 20 years when a newly minted, ‘Lawyer’, said I must use the word, ‘Conclude’, rather than ,’Close’,  in reference to a public meeting regarding County Adjustment, (zoning) meetings.

Then the, ‘new’ description ‘Shareholder’ for, ‘OWNER/S’.

Wonder when using the OLD description of something, will be called a bad name.

Like 100 years ago a person saying:
 “Their goes a Gay Man down the street”
Not an eye would blink.

Today ?  Not so much !!!!!!!

Title: Re: 1st Amendment / Covid case
Post by Eegore on 02/02/24 at 08:41:48

Would not, “US Citizen” suffice ?

 It would.

 Reminds me of a time when there was a discussion here about gender and it was said that referring to all known homo-sapiens on Earth as "human" would be most appropriate as gender would not be addressed.

 No matter how the human in the case is described the outcome, thankfully is the same.  It's not common for 1st Amendment cases against qualified immunity to move this fast and have an outcome desirable to the human that was arrested.

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