"Little in the way of expression is outlawed under the United States Constitution, but an act which incites a lawful forceful response is unlikely to pass as expressive speech."
--Justice Frances A. McIntyre, Occupy Boston et al vs. City of Boston et al
Not expressive speech: March on Birmingham, May 4 1963
The sentencing memorandum filed by Boston federal prosecutors last week, seeking
between 33 and 41 months incarceration for convicted former Boston City
Councilor Chuck Turner, is no ordinary document. (Today, Judge Douglas Woodlock imposed a sentence of 36 months.)
From the first line, the memorandum reads like the coked-up
rant of a paranoid regime, infuriated that any of its subjects would dare speak
The legal and strategic considerations surrounding “fringe pastor” Terry Jones’ on-again-and-off-again threat to initiate and celebrate what he has so felicitously named “International Burn a Koran Day” to mark September 11th have been widely misunderstood or taken for granted. The situation is not quite, I don’t think, what common understanding would have it.
For all the anger, political strategizing and stabs in the heart that the plans to build a Muslim community center near ground zero may have brought about, land-use and zoning experts say opponents of the project have very little legal basis on which to rest their argument.