Protesting Homes of SC Justices: Free Speech or Intimidation?

 

We all know that people have been protesting outside of the homes of originalist Justices since the Dobbs decision was leaked. We also know that this is against a Federal law designed to stop the intimidation of the Justices and Judges on the bench. Today I saw this thread:

Mr. Hurley puts forth a defense that enforcing such a law would abridge the free speech rights of the protesters. He then finds some left and libertarians who agree and quotes them. One, the libertarian, argues that:

Ahh, so, protesting at the house of a Justice is not different from publishing an op-ed in a newspaper. Since one is legal, both should be. Ms. Severino correctly notes that the law is designed to stop intimidating Judges and Justices. This makes sense. Publishing an op-ed is expressing one’s opinion in the public square. Picketing their home is very different. Picketing their place of work begins to encroach on intimidation, but has long been allowed because those locations are public squares.

But it does beg the question, if it isn’t intimidating to protest at the work or home of Judges and Justices, then why does the FACE act exist?  After all, protesting a policy one doesn’t agree with is a freedom of speech issue. Therefore passing a law that claims that is intimidation seems to violate that same concept. Alas, the govt seems to care much more about ensuring that women should be able to obtain an abortion than that Justices (only the originalist ones) be intimidated.

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  1. Susan Quinn Contributor
    Susan Quinn
    @SusanQuinn

    David C. Broussard: Alas, the govt seems to care much more about ensuring that women should be able to obtain an abortion than that Justices (only the originalist ones) be intimidated. 

    This.

    More and more I’m realizing that the rule of law is meaningless to the Left, unless it works for them.

    • #1
  2. DonG (CAGW is a Scam) Coolidge
    DonG (CAGW is a Scam)
    @DonG

    Typical Democrat (commie) corruption of the rule of law–protect the commies while punishing (or ignore crimes against) fellow travelers.   People vote for this crap, because they are truly stupid.

    • #2
  3. tigerlily Member
    tigerlily
    @tigerlily

    Of course it’s intimidation. The protestors and those supporting these protests at the justice’s homes are the same people who call parents who go to local school board meetings to complain about COVID policies or the neo-racism being taught or the sexualization of children in the school “terrorists” and urge the FBI to treat them as such. For the Left free speech only goes in direction.

    • #3
  4. Bob Thompson Member
    Bob Thompson
    @BobThompson

    From time to time we get an elected Democrat like Sinema or Gabbard who suddenly realizes that they are joined with a group of radicals whose majority of members rarely act with any consistency beyond their Leftist ideology and that this behavior is in great conflict with American tradition and the oaths they have taken. 

    If there’re others we need to uncover and free them.

     

    • #4
  5. Full Size Tabby Member
    Full Size Tabby
    @FullSizeTabby

    I got questions for the  people to which Mr. Hurley links.

    One says the protesters weren’t trying to intimidate the justices because the justices weren’t going to change their minds. Well then, what was the point of the protests? Do you often spend your time and energy on futile activities that won’t make any difference? 

    Another claims there may be some attempt to broadly restrict commentary on the court’s activities. But the key part of the statute the protesters are violating is the time, place, and manner restriction. Courts have often permitting restrictions on speech provided the restrictions are very narrow, very specific, and have an obvious connection to protecting some other value. I seem to recall a lot of insistence two and a half years ago that the speech of certain people be restricted and those people be arrested when those people who had something to say about a presidential election and acted to say so in a particular government building. 

    • #5
  6. Bishop Wash Member
    Bishop Wash
    @BishopWash

    Susan Quinn (View Comment):

    David C. Broussard: Alas, the govt seems to care much more about ensuring that women should be able to obtain an abortion than that Justices (only the originalist ones) be intimidated.

    This.

    More and more I’m realizing that the rule of law is meaningless to the Left, unless it works for them.

    I forget which columnist I read it from many years ago, but he or she said the Left claims love of the system when they are the minority until they gain power and then all they care about is maintaining power.

    • #6
  7. Misthiocracy has never Member
    Misthiocracy has never
    @Misthiocracy

    Bishop Wash (View Comment):

    Susan Quinn (View Comment):

    David C. Broussard: Alas, the govt seems to care much more about ensuring that women should be able to obtain an abortion than that Justices (only the originalist ones) be intimidated.

    This.

    More and more I’m realizing that the rule of law is meaningless to the Left, unless it works for them.

    I forget which columnist I read it from many years ago, but he or she said the Left claims love of the system when they are the minority until they gain power and then all they care about is maintaining power.

    They don’t hide their conviction that rules are different for “the oppressed” and “the oppressors”. They’re quite open about it. 

    • #7
  8. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    The heck about justices.  Nobody should be protested at their homes.  Judges, police, politicians, employees, individuals.  Why this is acceptable baffles me.  It is obviously a method of threatening people and their families and friends.  

    • #8
  9. Front Seat Cat Member
    Front Seat Cat
    @FrontSeatCat

    What about trespassing on private property? The police should be called and they should be charged. The neighbors should demand it.

    • #9
  10. tigerlily Member
    tigerlily
    @tigerlily

    Fake John/Jane Galt (View Comment):

    The heck about justices. Nobody should be protested at their homes. Judges, police, politicians, employees, individuals. Why this is acceptable baffles me. It is obviously a method of threatening people and their families and friends.

    Agree with this 100%. There are plenty of spaces beyond anyone’s residence for any aggrieved party to air their issue(s).

    • #10
  11. Randy Weivoda Moderator
    Randy Weivoda
    @RandyWeivoda

    Fake John/Jane Galt (View Comment):

    The heck about justices. Nobody should be protested at their homes. Judges, police, politicians, employees, individuals. Why this is acceptable baffles me. It is obviously a method of threatening people and their families and friends.

    I agree, and I suspect that if pro-life and pro-Second Amendment activists had staged recurring protests outside the home of Ruth Bader Ginsburg we wouldn’t be hearing theses same people calling it freedom of speech.

    • #11
  12. Misthiocracy has never Member
    Misthiocracy has never
    @Misthiocracy

    Front Seat Cat (View Comment):

    What about trespassing on private property? The police should be called and they should be charged. The neighbors should demand it.

    Not an issue if they stay on the sidewalk or in the street.

    • #12
  13. David C. Broussard Coolidge
    David C. Broussard
    @Dbroussa

    Misthiocracy has never (View Comment):

    Front Seat Cat (View Comment):

    What about trespassing on private property? The police should be called and they should be charged. The neighbors should demand it.

    Not an issue if they stay on the sidewalk or in the street.

    true, though if enough of them are in the street, that can be blocking traffic.

    • #13
  14. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Fake John/Jane Galt (View Comment):

    The heck about justices. Nobody should be protested at their homes. Judges, police, politicians, employees, individuals. Why this is acceptable baffles me. It is obviously a method of threatening people and their families and friends.

    Agreed 100%. There should be no right to protest someone’s home, I don’t care who they are. 

    • #14
  15. Misthiocracy has never Member
    Misthiocracy has never
    @Misthiocracy

    David C. Broussard (View Comment):

    Misthiocracy has never (View Comment):

    Front Seat Cat (View Comment):

    What about trespassing on private property? The police should be called and they should be charged. The neighbors should demand it.

    Not an issue if they stay on the sidewalk or in the street.

    true, though if enough of them are in the street, that can be blocking traffic.

    Just like the Freedom Convoy.

    • #15
  16. Stad Coolidge
    Stad
    @Stad

    I believe my right to live peacefully in my own home overrides any “right” protesters have to demonstrate outside it . . .

    • #16
  17. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Stad (View Comment):

    I believe my right to live peacefully in my own home overrides any “right” protesters have to demonstrate outside it . . .

    Exactly 

    • #17
  18. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Misthiocracy has never (View Comment):

    David C. Broussard (View Comment):

    Misthiocracy has never (View Comment):

    Front Seat Cat (View Comment):

    What about trespassing on private property? The police should be called and they should be charged. The neighbors should demand it.

    Not an issue if they stay on the sidewalk or in the street.

    true, though if enough of them are in the street, that can be blocking traffic.

    Just like the Freedom Convoy.

    Still illegal.

    MLK Jr went to jail.

     

    • #18
  19. CarolJoy, Not So Easy To Kill Coolidge
    CarolJoy, Not So Easy To Kill
    @CarolJoy

    Susan Quinn (View Comment):

    David C. Broussard: Alas, the govt seems to care much more about ensuring that women should be able to obtain an abortion than that Justices (only the originalist ones) be intimidated.

    This.

    More and more I’m realizing that the rule of law is meaningless to the Left, unless it works for them.

    Quite often recently, the Dems do play by the rules. But they do this only after they have inserted their new definitions or after  they manage to bring about a new rearrangement of the law. Then they are then fine with the law as they have re-written it.

    In the recent Proud Boy show trial, the prosecuting attorney  stated that according to his take on things, an individual involved in a  conspiracy need  not have suggested either a plan or a goal.

    So what is a conspiracy then? Any and everything, I guess.

    What’s next? Decreeing that a murder charge can arise, even if no one is missing, and there has been no death?

    Also in order to prosecute in Civil  Court the recent  ridiculous assertions by E Jean Carroll against Trump, the court and political system in NY saw to it that the old standard as far as statute of limitations was  revised. Otherwise Carroll’s situation  would be too old a case to be taken up in court.

    This is at least as bad as the Dems ignoring the law – when they slice and dice the law  to meet with their requirements.

    • #19
  20. David C. Broussard Coolidge
    David C. Broussard
    @Dbroussa

    CarolJoy, Not So Easy To Kill (View Comment):

    Susan Quinn (View Comment):

    David C. Broussard: Alas, the govt seems to care much more about ensuring that women should be able to obtain an abortion than that Justices (only the originalist ones) be intimidated.

    This.

    More and more I’m realizing that the rule of law is meaningless to the Left, unless it works for them.

    Quite often recently, the Dems do play by the rules. But they do this only after they have inserted their new definitions or after they manage to bring about a new rearrangement of the law. Then they are then fine with the law as they have re-written it.

    In the recent Proud Boy show trial, the prosecuting attorney stated that according to his take on things, an individual involved in a conspiracy need not have suggested either a plan or a goal.

    So what is a conspiracy then? Any and everything, I guess.

    What’s next? Decreeing that a murder charge can arise, even if no one is missing, and there has been no death?

    Also in order to prosecute in Civil Court the recent ridiculous assertions by E Jean Carroll against Trump, the court and political system in NY saw to it that the old standard as far as statute of limitations was revised. Otherwise Carroll’s situation would be too old a case to be taken up in court.

    This is at least as bad as the Dems ignoring the law – when they slice and dice the law to meet with their requirements.

    It’s because they are shiw trials about producing a political result as opposed to justice. It’s almost like none of them payed attention in history class to how the Soviets worked. They’ll get their turn in the hole soon enough. 

    • #20
  21. GLDIII Purveyor of Splendid Malpropisms Reagan
    GLDIII Purveyor of Splendid Malpropisms
    @GLDIII

    Randy Weivoda (View Comment):

    Fake John/Jane Galt (View Comment):

    The heck about justices. Nobody should be protested at their homes. Judges, police, politicians, employees, individuals. Why this is acceptable baffles me. It is obviously a method of threatening people and their families and friends.

    I agree, and I suspect that if pro-life and pro-Second Amendment activists had staged recurring protests outside the home of Ruth Bader Ginsburg we wouldn’t be hearing theses same people calling it freedom of speech.

    Perhaps we should get a few dozen folks to set up a protest watches at the homes of the liberal justices, just to even the playing field, and see if they can call the hounds off. If the protestors don’t listen to the lefty justices to stop the not so subtle intimidation, then they should cast a few opinions that concur with the majority until they all go home.

    • #21
  22. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    GLDIII Purveyor of Splendid Ma… (View Comment):

    Randy Weivoda (View Comment):

    Fake John/Jane Galt (View Comment):

    The heck about justices. Nobody should be protested at their homes. Judges, police, politicians, employees, individuals. Why this is acceptable baffles me. It is obviously a method of threatening people and their families and friends.

    I agree, and I suspect that if pro-life and pro-Second Amendment activists had staged recurring protests outside the home of Ruth Bader Ginsburg we wouldn’t be hearing theses same people calling it freedom of speech.

    Perhaps we should get a few dozen folks to set up a protest watches at the homes of the liberal justices, just to even the playing field, and see if they can call the hounds off. If the protestors don’t listen to the lefty justices to stop the not so subtle intimidation, then they should cast a few opinions that concur with the majority until they all go home.

    I like the idea.

     

    • #22
  23. GlennAmurgis Coolidge
    GlennAmurgis
    @GlennAmurgis

    From a Corporate media point of view, it depends. Protest outside of Sotomayor’s home, it will be intimidation, protest outside of Clarence Thomas’s – you are hero. 

    • #23
  24. The Reticulator Member
    The Reticulator
    @TheReticulator

    GLDIII Purveyor of Splendid Ma… (View Comment):

    Randy Weivoda (View Comment):

    Fake John/Jane Galt (View Comment):

    The heck about justices. Nobody should be protested at their homes. Judges, police, politicians, employees, individuals. Why this is acceptable baffles me. It is obviously a method of threatening people and their families and friends.

    I agree, and I suspect that if pro-life and pro-Second Amendment activists had staged recurring protests outside the home of Ruth Bader Ginsburg we wouldn’t be hearing theses same people calling it freedom of speech.

    Perhaps we should get a few dozen folks to set up a protest watches at the homes of the liberal justices, just to even the playing field, and see if they can call the hounds off. If the protestors don’t listen to the lefty justices to stop the not so subtle intimidation, then they should cast a few opinions that concur with the majority until they all go home.

    Yes. We should demand that they vote to rein in the administrative state in the Loper case.

    • #24
  25. BDB Inactive
    BDB
    @BDB

    David C. Broussard: Protesting Homes of SC Justices: Free Speech or Intimidation?

    That depends.  Your papers, please.

    • #25
  26. BDB Inactive
    BDB
    @BDB

    CarolJoy, Not So Easy To Kill (View Comment):

    Susan Quinn (View Comment):

    David C. Broussard: Alas, the govt seems to care much more about ensuring that women should be able to obtain an abortion than that Justices (only the originalist ones) be intimidated.

    This.

    More and more I’m realizing that the rule of law is meaningless to the Left, unless it works for them.

    Quite often recently, the Dems do play by the rules. But they do this only after they have inserted their new definitions or after they manage to bring about a new rearrangement of the law. Then they are then fine with the law as they have re-written it.

    In the recent Proud Boy show trial, the prosecuting attorney stated that according to his take on things, an individual involved in a conspiracy need not have suggested either a plan or a goal.

    So what is a conspiracy then? Any and everything, I guess.

    What’s next? Decreeing that a murder charge can arise, even if no one is missing, and there has been no death?

    Also in order to prosecute in Civil Court the recent ridiculous assertions by E Jean Carroll against Trump, the court and political system in NY saw to it that the old standard as far as statute of limitations was revised. Otherwise Carroll’s situation would be too old a case to be taken up in court.

    This is at least as bad as the Dems ignoring the law – when they slice and dice the law to meet with their requirements.

    Frankly, it seems to me that there is a good SCOTUS case in this.  Well maybe not.  Seems to me that the law at the time is the basis for hazarding the liberty of the accused.  This is different from currently honoring new laws about evidence and process — the statute of limitations seems a different level of hazard.

    In particular, since the (prosecutor?  lawyer?  somebody) who both worked to get the law changed and brought / helped bring the case against Trump has clearly indicated that the former efforts were aimed at this case in particular, this smells a lot like attainder.

    • #26
  27. Hartmann von Aue Member
    Hartmann von Aue
    @HartmannvonAue

    Randy Weivoda (View Comment):

    Fake John/Jane Galt (View Comment):

    The heck about justices. Nobody should be protested at their homes. Judges, police, politicians, employees, individuals. Why this is acceptable baffles me. It is obviously a method of threatening people and their families and friends.

    I agree, and I suspect that if pro-life and pro-Second Amendment activists had staged recurring protests outside the home of Ruth Bader Ginsburg we wouldn’t be hearing theses same people calling it freedom of speech.

    So, what´s to prevent some enterprising conservatives from staging recurring protests outside the homes of Sotomayor and Kagan right now? I mean, aside from decency, wisdom, love of country, respect for the rule of law, ethics, all those things the left does not have.

    • #27
  28. Hartmann von Aue Member
    Hartmann von Aue
    @HartmannvonAue

    GlennAmurgis (View Comment):

    From a Corporate media point of view, it depends. Protest outside of Sotomayor’s home, it will be intimidation, protest outside of Clarence Thomas’s – you are hero.

    Yeah, we know that. The point is we have to stop giving a flying purple rat´s kiester how the media view and depict us.

    • #28
  29. BDB Inactive
    BDB
    @BDB

    Hartmann von Aue (View Comment):

    Randy Weivoda (View Comment):

    Fake John/Jane Galt (View Comment):

    The heck about justices. Nobody should be protested at their homes. Judges, police, politicians, employees, individuals. Why this is acceptable baffles me. It is obviously a method of threatening people and their families and friends.

    I agree, and I suspect that if pro-life and pro-Second Amendment activists had staged recurring protests outside the home of Ruth Bader Ginsburg we wouldn’t be hearing theses same people calling it freedom of speech.

    So, what´s to prevent some enterprising conservatives from staging recurring protests outside the homes of Sotomayor and Kagan right now? I mean, aside from decency, wisdom, love of country, respect for the rule of law, ethics, all those things the left does not have.

    USSS, FBI, DHS, state, county and local police, Army, Guard and State Guard, and lawless thugs who will bike-lock your ass into an early grave, who will either never be prosecuted, or will be let off with a slap.

    • #29
  30. TBA Coolidge
    TBA
    @RobtGilsdorf

    Randy Weivoda (View Comment):

    Fake John/Jane Galt (View Comment):

    The heck about justices. Nobody should be protested at their homes. Judges, police, politicians, employees, individuals. Why this is acceptable baffles me. It is obviously a method of threatening people and their families and friends.

    I agree, and I suspect that if pro-life and pro-Second Amendment activists had staged recurring protests outside the home of Ruth Bader Ginsburg we wouldn’t be hearing theses same people calling it freedom of speech.

    Curious, what if I sat in my car outside someone’s home and played talk radio really loud using amplified speakers? Surely that would be ‘free speech’. 

    • #30
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