Brandenburg v. Ohio Case Brief Summary | Law Case Explained
11,820 views •Jul 16, 2018
https://www.youtube.com/watch?v=9Vbjj9wJCD4
*****
What Turley is saying ( unfortunately lawyers like to use legalese and shove their credentials in everyone's face far too often) is that if a majority of people don't like the law in place, then there is a formal process to change the law. What you don't do is decide the law doesn't count in some specific instance against a specific person or situation because you think that's true "justice"
What they teach in the first year of law school, besides Brandenburg and Schenck ( the "clear and present danger" test) is the reality that when you walk into the court, you are only sure to get the law, you may or may not get justice. The concepts of law and justice are completely different.
Brandenburg would be an interesting overall legal and political deep discussion here, but it would never happen. Most of the lawyers here lean hard left, so why discuss the actual law and admit it would very difficult to have Trump meet all three elements of the precedent? Another thing is the legal field is very wide, meaning many of the lawyers here will likely specialize in something other than Constitutional law, and why admit that? Part of the "game" of the legal profession is convincing the average citizen that you know more than you do, which nearly all lawyers don't. All the legalese and pomp and circumstance and theater is all part of keeping the legal field a cottage industry for the chosen few. The last reason is that, like any other profession, you have people who are elite, you have a lot of JAGs ( Parcell's Just Another Guy principle) and you have basic cannon fodder, those who are just horrible in any aspect of the field. So I don't know if krista4 is a lawyer or not, but if she had some views on Brandenburg, I'd like to hear them, as I've observed her like I've observed most others here for a period of time and she's actually quite brilliant. She's unusually self aware. Many of the other guys would say that because they are just thirsty simps who want to crawl into her yoga pants. I say it because I recognize and value actual talent. That being said, also over time,I've seen many of the bizarre "mutual admiration society" foot rubbing between many of the "Can't Wait To Tell You I'm A Law God" brigade. And they are far from a krista4, most of them fall into the "My Kung Fu Is Weak" cannon fodder category. You don't need to actually have functional critical thinking skills to get through law school, you just need momentum mixed with an equal share of entitlement.
So the answer Tim is formally use the process in place to change the law. You'll say that's not fair. And you know what? You are probably right. It's not fair. But the application of law is often not fair. As stated, the law is not justice. But before you decide to grip your Air Soft gun a little bit tighter and go straight to the mattresses here, consider that it's the same principles of law that prevented Mike Pence from just showing up and saying, "No, no, that doesn't count, we are going to do this in the exact way I just made up right now" You can't have one without the other. But that's what you really want, you desperately want one without the other, which is why you appear to be so angry about this all the time.
Ask how one can change the law. And how you can be a part of it. That's productive. Screaming for justice is just trying to ice skate uphill. Screaming doesn't empower you, it just lets everyone around you know you are actually powerless. Find the person you can never criticize, that's real power.
The burning sensation you are feeling is your pride telling you that you didn't learn something today. It's a hard way to live. Now you know the actual value of relentless pride too.