Bipartisan ejections?--Charges dropped
whoooo26505 at yahoo.com
Wed Feb 1 16:07:22 PST 2006
Well, that's exactly what I am talking about. That right there is fundamentally wrong. Damages should flow both from the actual injury (the wrongful detention) as well as the interest in keeping lawful free speech beyond the pedestrian concerns of street-level bureucrats who realize that they have the power to take matters into their own hands. I think there are other areas of the law where you can get "presumed damages" and treble damages for reasons of public policy. I cannot see any good reason for not errecting such a procedure in cases where Cohen rights are taken from you by parochial officials who think such things make only for good classroom discussion.
Jeff Renz <jr167163e at mail1.umt.edu> wrote: Memphis Community School District v. Sachura and Dellums v. Powell instruct us that the damages will flow from the wrongful arrest and detention that was the result of the First Amendment deprivation, not from the First Amendment deprivation itself. Juries, however, are rarely forgiving of wrongful arrests or detentions in cases like these.
Prof. Jeffrey T. Renz
School of Law
The University of Montana
Missoula, Montana 59812
jeff.renz at umontana.edu
Dr. Sean Wilson, Esq.
Penn State University
Yahoo! Autos. Looking for a sweet ride? Get pricing, reviews, & more on new and used cars.
-------------- next part --------------
An HTML attachment was scrubbed...
More information about the Conlawprof