Please attend!!!!!! Great program, great speakers, great price!
Governor Dannel P. Malloy announced today that he intends to nominate Associate Justice Andrew McDonald to become the next Chief Justice of the Connecticut Supreme Court. Current Chief Justice Chase T. Rogers announced last year that she intends to retire next month after eleven years as the state’s top judge.
Two of the country’s leading First Amendment scholars give diametrically opposite answers to this topical and pressing question. Robert Post, former Dean of Yale Law School, answers the question “no” in an enlightening post on Vox, entitled “There is no 1st Amendment right to speak on a college campus.” Erwin Chemerinsky, Dean of the University of California, Berkeley School of Law, answers the question “yes” in a responsive post on Vox, titled “Hate speech is protected free speech, even on college campuses.”
Former federal prosecutor Christopher Mattei recently abandoned his interest in running for governor of the Nutmeg State and has declared that he will now seek the Office of the Attorney General. This development follows in the wake of Attorney General George Jepsen’s surprise announcement that he will not seek reelection in 2018.
Short Answer: It depends (my favorite two words as a lawyer).
Fuller Answer: Isolated heckles by an individual are protected speech under the First Amendment. But an intentional and sustained effort to disrupt a lawful public assembly by heckling the speaker is unlawful in many states–and it should be. Eugene Volokh, a leading First Amendment scholar, explains the law in this helpful article.
For folks interested in really thinking hard about whether a wedding cake baker can refuse, on First Amendment grounds, to make a cake for a same-sex wedding, Prof. Andrew Koppleman offers this thoughtful article on the subject. Here’s his opening paragraph:
On December 5, the Supreme Court will hear oral argument in Masterpiece Cakeshop, the case in which a baker claims that free speech protects his right to refuse to make a cake for a same-sex wedding. Although it is impossible to know how the Court will rule, I can confidently predict that if the baker wins, the justices’ explanation will be incoherent.
After a week of reruns, CT-N is back on the air today after the Office of Legislative Management hired some former employees of the Connecticut Public Affairs Network (CPAN), the non-profit that operated CT-N since 1999. Legislative leadership says that CT-N, which is operating under a radically reduced budget, will focus its cameras on the General Assembly, largely to the exclusion of the executive and judicial branches. Leaderships says that this narrow focus is consistent with CT-N’s original mission. But as Christine Stuart reports today on CT News Junkie, leadership’s understanding of CT-N’s original mission is just plain wrong. Coverage of all three branches of state government was always part of CT-N’s mission.
I enjoy reading historical Connecticut legal documents. The quotation below appears at the beginning of Book I of the 1808 Connecticut Statutes. Oh, what a contrast to today’s General Assembly. I dare say our elected representatives ought to read this to understand why Connecticut once truly warranted the moniker, “The Land of Steady Habits.”
CONNECTICUT, from the establishment of her government, has been politically happy. She has been distinguished, in this respect, from almost every nation on the globe. There is, moreover, a trait of national character, for which she has been equally distinguished. We allude to the unparalleled caution, with which her rulers have proceeded, in the passing of new laws, and the adoption of new measures. That the former has regularly resulted from the latter, is a truth, of which those who form opinions, by examining facts, can have little doubt. Experimental philosophy had been taught, and recommended, by Lord Bacon, before the emigration of our ancestors. Adopting the same mode of reasoning, they applied it steadily, and successfully, to legal polity. They seldom took a step in legislation, till experience had evinced its necessity. They then provided for the immediate exigency, but for nothing more. Hence, our system of jurisprudence has, in a very strict sense, grown with the growth of our country, The caution of our primitive legislators resulted neither from incapacity to devise, nor want of courage to execute. Ludlow, Haynes, Hopkins, and Henry Wolcott were not weak, or timid men.
For nearly two decades, the Connecticut Public Affairs Network (CPAN) has operated CT-N, Connecticut’ s version of C-SPAN, providing neutral, unbiased coverage of all three co-equal branches of Connecticut state government. Now, due to an abject failure of leadership in the General Assembly, CT-N may shut down. At a time when it is more important than ever to keep the light shining on the operations of state government–which just negotiated a two-year, $41.3 billion budget in near total secrecy–leadership in the General Assembly wants to turn the lights off. [Click here to continue reading.]
Once again our elected representatives in Congress are engaged in political posturing over the so-called “debt ceiling.” For readers who want to know (a) how the debt ceiling really works and (b) why it is a complete charade/sham and ought to be abolished, check out Jack Balkin’s (Yale Law Prof) excellent post on the issue.
So what good is the debt ceiling? Well, the only people who use it are politicians who want to hold the United States hostage and threaten to crash the world economy. It has no other function at this point.