By John Cary Sims Those preparing bar examination questions, and law school professors writing questions for their students in Constitutional Law or First Amendment Law, often create a fictional scene in which a speaker exhorts (or perhaps berates) a described group of listeners who are gathered in a certain place under stated circumstances. While sometimes… Continue reading Will Brandenburg Provide Protection for Donald Trump in the Second Impeachment Trial?
Category: The Constitution
The Capitol Invasion and the Framing of Political Violence
By Shirin Sinnar In the wake of the invasion of the Capitol on January 6, 2021, the media, political leaders, and scholars sought the right term to capture the violence that had occurred: was this a protest, a riot, an insurrection, a seditious conspiracy, an autogolpe (“self-coup”), or domestic terrorism? Some of the debate over… Continue reading The Capitol Invasion and the Framing of Political Violence
Stepping Back from the Brink?
By Robert S. Taylor The attack on the Capitol has revealed for the entire world to see that our democracy is fragile, and its survival is not ensured. Donald Trump is no longer President, but the poison he tirelessly pumped into the body politic is still coursing through our veins. The violence on January 6… Continue reading Stepping Back from the Brink?