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SCOTUS comedy on 1st amend - that they made a ruling on that they dont like anymore

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
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Location
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I'm trying to figure out how the First Amendment comes into play in the instant case or in the Garcetti ruling.

In the instant case it was not "free speech" but compelled testimony. Failure to testify would be obstruction of justice.

In the Garcetti case http://en.wikipedia.org/wiki/Garcetti_v._Ceballos there is at least some question as to whether or not Ceballos was exercising his right to free speech or exercising a magisterial duty when he wrote the memo questioning a warrant. But since Ceballos never raised that issue and SCOTUS never bothered to think of it, it does not matter - except to serve as a warning to others to cover all your bases.

stay safe.
 
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