Who am I... and WHY AM I HERE???
Posted on 09/30/2007 7:43:04 AM PDT by Turret Gunner A20
Our elected theives make law for themselves that the rest of us cannot benifit from.
Our elected theives make law for themselves that the rest of us cannot benifit from.
Our elected theives make law for themselves that the rest of us cannot benifit from.
As far as I can tell at home on a Sunday morning, Hutchinson v. Proxmire 443 U.S. 111 (1979) is still good law. In that case Proxmire made defamatory statements on the floor. He then repeated them in a press conference ind in a newsletter. In an opinion written by Chief Justice Burger, the court said:
“Whatever imprecision there may be in the term “legislative activities,” it is clear that nothing in history or in the explicit language of the Clause suggests any intention to create an absolute privilege from liability or suit for defamatory statements made outside the Chamber. “The immunities of the Speech or Debate Clause were not written into the Constitution simply for the personal or private benefit of Members of Congress, but to protect the integrity of the legislative process by insuring the independence of individual legislators....”
Indeed, the precedents abundantly support the conclusion that a Member may be held liable for republishing defamatory statements originally made in either House. We perceive no basis for departing from that long-established rule.....
In Gravel v. United States, we recognized that the doctrine denying immunity for republication had been accepted in the United States: “[P]rivate publication by Senator Gravel . . . was in no way essential to the deliberations of the Senate; nor does questioning as to private publication threaten the integrity or independence of the Senate by impermissibly exposing its deliberations to executive influence....”
We reach a similar conclusion here. A speech by Proxmire in the Senate would be wholly immune and would be available to other Members of Congress and the public in the Congressional Record. But neither the newsletters nor the press release was “essential to the deliberations of the Senate” and neither was part of the deliberative process.”
One note of caution. I was only able to check for later cases using Findlaw online. However, it would take anouther Supreme Court case to over rule this and I saw on indications.
Judge orders Murtha to testify in Marine sergeant defamation case
I'd say that in general that's 14 or 15 terms too many. In Murtha's case it's 17 terms too many.
Glad to see it hit the Observer-Reporter, Smooth. Have been checking to see if it’s been picked up by the Pitts Trib-Rev and haven’t spotted it yet, maybe I just missed it but wouldn’t be surprised if they ignore it.
Lets pray that this is enough to make Murtha have to leave the Senate for good! He is scum!
A Regan appiontee, don’t we know?
What are you talking about??? She was too conservative for Reagan to choose. You must be thinking Sandra Day O’Connor who was chosen by Reagan. He picked moderate judges except one.
We are not treated equal under the law.
Read up about 8a set-asides. If a government contracting officer decides that a minority owned firm can do the job, then a white owned firm can not even bid on the job.
There are tens of thousands of federal contracts awarded each year as 8a set-asides. I believe every state government also carries this unconstitutional policy forward. This is the equivalent of federal and state governments hanging out a sign saying whites need not apply. I believe that MD has an actual quota of 20% of its stae construction contracts where white owned firms need not apply. As long as the individual contracts are under $2 or $3 million dollars it is a sole source to a minority firm, over $2 or $3 million dollars then only minority firms can compete.
Can you believe that extreme violence has not already occurred to the people who back these unconstitutional policies? I do not advocate violence, but violence in other countries and in past ages has occurred when there is unequal treatment under the law. I fear for my country’s future. The liberals have no intention of rolling back these programs, in fact, they are well-along in making even more preferential treatment laws.
Query Adarand Contractors if you want to read a Supreme Court Case on this subject.
I knew of these practices but not the details. Thank you!
Voting, as a means of change, doesn’t seem to get the job done anymore. I suspect its only a matter of time before something very ugly percolates out of all of this. Someday people are going to show up in DC and storm the capital building and start kicking in doors.
The House, rather than the Senate.
This is the exact reason prosecutors do not make comments concerning their beliefs about charges in a criminal case beyond generic procedures, etc. If a prosecutor tells the press that the guy committed the crime and the defendant is found not guilty, the prosecutor has no prosecutorial immunity since speaking to the media is not a part of his prosecutorial duties.
The practices are regulatory and they are laws that have been passed.
The NAACP the ACLU and others should be subject to ery large court settlements someday.
I think that the only reason that people have not violently ended these unconstitutional infringements upon their liberty is that very few people have any idea of the enormity of what is occurring. Again I am not advocating violence, it just seems to be the way it is going to end up.
I’ve read every USSC defamation decision, and Hutchison v. Proxmire is still the law of the land.
“I’ve read every USSC defamation decision, and Hutchison v. Proxmire is still the law of the land”
Thanks. It’s hell not to have Shepard’s Citations on line.
You got that right. The Marines I have talked to say he is the only “Ex-Marine” in the US.
Murtha acted in concert with an enemy sympathetic propagandist employed by Time. That propagandist was spewing propaganda produced by a man he knew to be loyal to the enemy.
The Times journo even went so far as to try to provide 2 different cover stories for his pet insurgent.
Murtha’s acts and words served only to help the enemy in this war. His entire political party has given itself to serving the aims and goals of those who support our nation’s enemy in this war.
Murtha is a betrayer. He is also a dedicated member of an organization that is currently devoted to betrayal.
Murtha acted outside his function as a legislator in an effort to defame, slander, and cause real harm to Marines and our USMC. There is no excuse. There will never be forgiveness.
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