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Schenck v. United States (Free Speech Case Law Review)

"The question is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."

Key Ruling: Speech may be limited in cases where it presents a clear and present danger, with wider latitude in times of war.

In 1914, much like today, socialism was running rampant. Charles Schenck and Elizabeth Baer, leaders of the Socialist Party, sent out literature to recently conscripted soldiers suggesting that the draft was a form of involuntary servitude (i.e. slavery) that violated the Thirteenth Amendment. For this, Schenck and Baer were charged with violating the Espionage Act of 1917 through actions that obstructed the “recruiting or enlistment service” during World War I. The Socialists argued in their defense that these charges violated their First Amendment rights to free speech and expression.

The most famous legal reasoning from this case is the example of Justice Oliver Wendall Holmes Jr. who stated that shouting "FIRE" in a crowded theatre and creating public panic is NOT behavior protected by the First Amendment. He then went on to create the "clear and present" danger test, which allowed for the regulation of speech under certain circumstances.

Over time, the clear and present danger test would be modified, not only to combat communism, but also to add better nuance to the scope of First Amendment protections. This case is important to remember not only as a foundation for the First Amendment (and it's limitations) but also to show how courts treat wartime as legally distinct from peacetime - and, on a more conspiratorial note, as to why the powers-that-be have a (legal) incentive to push the nation into war as an opportunity to shrink freedoms and expand central government control.

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LOCALS SUPPORTER EXCLUSIVE - Gina Carano Star Wars Crawl

This will DEFINITELY be censored by YouTube, but want to provide to my Locals supporters in case you want to use it in a video or for fun. I paid a little bit of dinero for this, but totally worth it!

Crack a Bantha Milk ladies and gentlemen, this lawsuit is going to be yet another WILD ride

00:01:36
Wet Ass Roof

So if y'all remember at the end of my stream, I was discussing a certain dripping sound well...check the quick video below for part of what went down...

Actually turned into an even more Biblical flood before the water was finally shut off. Long story short, I'll need to relocate from my current apartment for a few days so I will have a premiere out, but may need to reschedule my weekend lives or do them at alternative times. Standby!

00:00:04
Locals Exclusive- Uvalde Footage Review

I know I say this often but this is HARD to watch. No blood or gore just severe incompetence and the knowledge that children died due to such. I do give a serious content warning therefore, but regardless, I think it is important to talk about as we need justice to be served here.

This will be Locals Exclusive (although open to all) because YouTube may decide to censor this type of content in the future.

00:19:36
Big Lawyer - Big Iron Cover

This one was submitted by a fan and absolutely it'll get me in trouble on YouTube most likely because of the underlying beat, but it absolutely needs to be out there for you guys to enjoy!

Big Lawyer - Big Iron Cover
Animal Farm Recording - Book Club

Attached is the recording of our book club discussion on Animal Farm

Animal Farm Recording - Book Club
Locals Exclusive - Ender's Game Book Club Talk (Audio Only)

Here is the audio only version of the November Book Club discussion .

As a note, we'll likely end up doing Animal Farm for December (book, movie, or cartoon) as it was previously voted highly and it's quite short, so an easy read over the busy holidays. But I will be putting up a poll and taking suggestions for January 2023!

Locals Exclusive - Ender's Game Book Club Talk (Audio Only)
JUST IN TIME

Luckily my taxi was fast so made my flight to Japan, thanks to everyone who joined on YouTube and Locals! I will keep you all updated, especially of any nuisance streamer sightings!

Stay based!

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Live chatted 02/20/2025
Lawyer Reacts To Destiny's Public Statement (LIVE)

Come join for an impromptu stream!

Live chatted 02/19/2025
Destiny Lawsuit Revealed (LIVE)

Come join!

Google Monopoly
Will It Break Up?

I meant to comment on this but as it's been a few days, I wanted to make it a Locals exclusive take. 

For some background, as you may or may not know, Judge Amit Mehta said in a 286-page ruling that Google was a monopoly, and that it violated the Sherman Act through its exclusionary distribution contacts. Evidence presented at the trial showed that Google paid $26 billion in 2021 to ensure that its search engine was the default on almost all devices, such as Apple's iPhone.

The question is, what happens from here? 

First of all, Google is already appealing this decision, so the conclusion to this case is two to three years out at best. We often get hyped about legal results, thinking they will be immediate but this is a great example of how things can take a long time to work through the system and how lawsuits don't always solve problems in the best way (very slowly and incrementally). 

Second, a total breakup of Google is unlikely. At best, we might get a spin-off (or divestment) of Google's Chrome internet browser and it's Android operating system. This is no TKO for Google, which will continue to expand it's reach in other ways and also continue it's collaborations with various national governments, which are far more concerning. 

Hope you all enjoyed this article, I hope to write them when I have the opportunity! 

- Andrew Esq.

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Trans Athletes? Scotus Will Allow It
Accelerationism or Apathy?

Hard to decide whether the failure of SCOTUS to intervene in overturning the appeal courts injunction which prefrnts West Virginia from barring trans students from athletics is a true win. 

The instant case issue here was that Weat Virginia could not name any specific trans atheletes that were at risk of causing issues in the state. Thus the case could return once we see an biological man cracking skulls in female wrestling. 

Lets be clear, based on precedent and this current courts voting history, I suspect they may bend the knee on issues of sexual orientation and gender identity. 

My longer term question is this though: 

Is SCOTUS truly going full accelerationist or are they just apathic on orientation and gender identity issues? 

Accelerationism, or the thought that we need to make things worse in order for them to fail and reset (to an ideal state) - always seems more of an academic or meme argument.  While I know a select frw are truly committed to the concept, most talk big online but back down when it hits their friends or family. It's also hard for me to believe that the boomer boy & girl scouts on SCOTUS are "doing it for the lulz" - that would not be their sense of humor.

I'd love to hear y'all thoughts. 


I'll link a full article on the topic below: 

https://thehill.com/regulation/court-battles/3937891-supreme-court-rules-west-virginia-transgender-athletes-can-compete-on-female-sports-teams/amp/

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