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Do Bush Federal Judges Respect "Chilling Effect on Free Speech" Doctrine?

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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-29-07 09:46 PM
Original message
Do Bush Federal Judges Respect "Chilling Effect on Free Speech" Doctrine?
Edited on Sat Dec-29-07 09:49 PM by CorpGovActivist
In http://www.google.com/search?hl=en&q=lamont+v+postmaster+general">Lamont v. Postmaster General, the Supreme Court invalidated a Federal law requiring postal patrons receiving "communist political propaganda" to authorize delivery of each individual piece of mail.

The Supreme Court struck down the law, with Justice William J. Brennan citing to the http://en.wikipedia.org/wiki/Chilling_effect">"chilling effect ... upon the exercise of First Amendment rights."

Even actions that do not explicitly prohibit speech can have a chilling effect.

Do progressives do a better job of avoiding practices that have a chilling effect on free speech?

Do Bush appointees have a particularly bad track record in this regard?

Finally, which Democratic nominee do you think would pick judges who would cleave to the Lamont precedential line of cases?

- Dave
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-29-07 10:03 PM
Response to Original message
1. Dodd
n/t
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-29-07 10:14 PM
Response to Reply #1
2. Dodd Supporter, or Something Specific...
... about his record on judicial noms that leads you to think so?

- Dave
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-29-07 10:25 PM
Response to Reply #2
3. CorpGov,
I'm a Biden supporter; before that, Wes Clark.

I think Dodd's personal history has led him to what appears to be a deep commitment to the constititution; he says that on day one, he'll restore all the rights 'taken' by Bush.

His father was a judge at Nurenberg.

I'd be very happy to see Dodd as Senate majority leader (assuming he has other necessary attributes.}
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-29-07 10:34 PM
Response to Reply #3
4. Ellen, Thanks!
If Biden doesn't clinch the nomination, is there a Cabinet post where you think he'd excel? I think he'd make a surprisingly effective SecDef.

General Clark is someone I like a lot. I wish he'd seek a governorship.

Senator Dodd's family history has clearly affected his views. His mentions of his father always seem to ring true to me.

Dodd would make a fine Majority Leader. I also think he'd make a fine SecState.

- Dave
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elleng Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-30-07 12:32 AM
Response to Reply #4
5. CorpGov, yr welcome.
I think Biden should stay where he is, and continue to have what role in foreign policy he plays now.

General Clark is much too talented and knowledgeable for a governorship, IMO. I've been hoping he'd run again, but it didn't happen; i've thought of him as national security advisor, right in the middle of policy and operations.

Dodd, if not majority leader, dunno; if he could handle the nuts and bolts, attorney general?
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-30-07 01:25 PM
Response to Reply #5
8. Interesting Handicapping!
"I think Biden should stay where he is, and continue to have what role in foreign policy he plays now."

I dunno. The temptation for him to be a Hagel-like thorn in the side of a President of his own party may be too great! It might behoove the eventual nominee to offer him one of the "Big Four" portfolios, and get him on the Executive's team.

; )

"General Clark is much too talented and knowledgeable for a governorship, IMO."

He's brilliant, and the one Rhodes Scholar from Arkansas that I'd most like to see as my President someday. His best path to the Oval Office lies through a state's corner office, though, methinks.

"I've been hoping he'd run again, but it didn't happen; i've thought of him as national security advisor, right in the middle of policy and operations."

He would make an incredibly capable and brilliant intelligence community head. I think he would be a formidable SecState, too, in the vein of George C. Marshall.

"Dodd, if not majority leader, dunno; if he could handle the nuts and bolts, attorney general?"

Yeah, AG might suit him very well.

- Dave
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G_Leo_Criley Donating Member (553 posts) Send PM | Profile | Ignore Sun Dec-30-07 12:44 AM
Response to Reply #4
6. Chris Dodd
Dave...

Dodd's father, Thomas Dodd, was one of the lawyers who acted as prosecutors at Nuremberg.

I'm reading Chris Dodd's book, _Letters from Nuremberg, about his father's experiences, and how he helped to shape Chris's beliefs. I recommend the book not only for the historical aspects but also because of the parallels, drawn by Dodd, to the ever unfolding, ever expanding list of *'s questionable (I'm being kind) acts.

At a time when we've hungered for just one, any one, of our Dems to stand up to the Repubs in the Senate, Dodd has come through, demonstrating his superior leadership skills by leaving the campaign trail and returning to Washington to lead the Dems during the FISA debate, with his threatened filibuster.

Chris Dodd believes in and respects the Constitution and the rule of law, and is prepared to act on those beliefs, and has certainly proven that to us.

At this point, I think he'd make a pretty nifty President. Can he do it? Let's see what happens in these next weeks.

glc
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-30-07 01:09 PM
Response to Reply #6
7. Would You Support Dodd as AG?
GLC -

As always, many thanks for your thoughtful perspective! The Nuremberg Trials remain a fascinating topic for me.

: )

Warmest wishes to you and yours for the holidays!

- Dave
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G_Leo_Criley Donating Member (553 posts) Send PM | Profile | Ignore Sun Dec-30-07 11:35 PM
Response to Reply #7
9. Dodd as AG?
Edited on Sun Dec-30-07 11:36 PM by G_Leo_Criley
Yep, if that's what it comes to, absolutely. He'd make a great AG. He'd make a great Majority Leader as well.

I honestly consider Dodd's heroic work in the Senate with the FISA bill to be a highlight of the Democrats' time in the Senate since the 2006 elections.

All good wishes to you and yours as well!

"we’ll tak a cup o’ kindness yet,
for auld lang syne."

:toast:



glc
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CorpGovActivist Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-30-07 11:46 PM
Response to Reply #9
10. I'll Toast...
... to the entire post.

Hearty cheers, and many New Years, my friend!

: )

- Dave
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