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Joined 1 year ago
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Cake day: July 1st, 2023

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  • No, it is about people fundamentally misunderstanding the case and continuing to misuse a paraphrasing of a dictum, or non-binding statement, from Justice Oliver Wendell Holmes Jr. Incorrectly, acting as if it was a an actually point if law.

    If used correctly, then it would be about protesting war. But people rarely understand what was said under Schenck v. United States, nor do they understand that it was overturned.

    Brandenburg v. Ohio changed the standard to which speecg speech could be prosecuted only when it posed a danger of “imminent lawless action,” a formulation which is sometimes said to reflect Holmes reasoning as more fully explicated in his Abrams dissent, rather than the common law of attempts explained in Schenck.

    Fire in a theater is meaningless and useless.



  • You believe a freshman senator on Ways and Means, a committee of 29, welds a significant amount of influence verses Patty Murphy, Chairmain, who has been on Appropriations for 26 years?

    I was referring to relative power within the Senate. How long do you think it will take for a freshman senator to gain the same amount of influence as Patty Murphy under the current system?


  • That would be from a different state and then that state would lose the power of having a senior committee member.

    There is a reason Senator Robert Byrd was the longest-serving U.S. Senator. Serving three different tenures as chairman of the United States Senate Committee on Appropriations enabled Byrd to steer a great deal of federal money toward projects in West Virginia.



  • Blame the Senate Committe Seniority system.

    Seniority in the United States Senate is based on the length of time a senator serves on a committee. The majority party member with the most seniority on a committee usually serves as the chair.

    That is the only reason to keep sending these people back as old as they are. You send someone new, they have zero power.