Futurelawyer

Warning To "Sensitive Souls" And "Snowflakes". The Futurelawyer Site Is Not A Safe Zone.

It is past time for a backlash against those who are too sensitive to hear offensive or objectionable words (at least, in their opinion). It is past time for all of us to tell the A**** that we don't care if they are offended. What kind of people are we, and what kind of kids are we raising? 

Free Speech Is Essential To Freedom.

Answers to Anti-Free Speech Arguments. There are some dangerous ideas floating around now, which are so called arguments in favor of restricting certain speech, certain words, and certain ideas. The most dangerous is the one that alleges that free speech can constitute a violent act, and therefore others need to be protected from it by things like "safe zones" on college campuses. This article examines some of these ideas, and the arguments counter to them. Speech is not violence. It is the way we avoid violence in our free society. Speech can be disagreeable, insulting, disgusting and many other things. It is NOT violence. The United States has lasted this long precisely because we have allowed hurtful speech, as a replacement to cave man tactics of physical violence. So, what happens when speech is strictly regulated? Where does all that anger go? You be the judge.

What's In A Date? It Is Still A Celebration Of Our Independence.

The history of the actual signing (July 2, 1776), the actual adoption by the Continental Congress (July 4, 1776), and the celebration (July 8, 1776) of the Declaration of Independence, is not important. However, the fact that our country was born of a desire to escape monarchy, and to create a self-governing society whose citizens are free to speak their minds, is. Over the years there have been many challenges to our freedom. We have our republic, and, in the words of Benjamin Franklin (who probably did say it; but, nobody knows for sure), we will have it, if we can keep it. Challenges to freedom of speech come from those who want a society to be as they wish it. We must defend that freedom, above all others. The next time you see someone stifling another's freedom to speak, regardless of how offensive you believe the speech to be, remember: We have our Republic. Can we keep it?

We Are Your Government, And We Are Here To Help You.

The War Against Wokeness. Who Are The True Fascists?

Here I go, violating one of my sacred rules against politics in the blog. However, as a disenchanted free thinking person who is alarmed by the restrictions on free speech that seem to be in fashion these days, I have to speak out. I hate any restriction on free speech; except for speech that advocates violence. Peaceful dissent should be encouraged, whether coming from one extreme or the other. This post from another lawyer really hit me between the eyes today:

Don't Be Like The Other Guy - Live With Passion.

One of the most memorable quotes I have encountered in my life came from John Steinbeck, "Travels With Charley". I was reminded of it when I read, in the Smithsonian, about the salvage and restoration of the boat he used, with John Ricketts, in 1951, to travel to the Sea of Cortez to collect marine samples. We live in an age where the positive aspects of maleness are conflated with the admittedly negative consequences of assertive and aggressive behavior. Human survival has depended upon such behavior for millennia, however, and it is past time that we stopped demonizing it. 

“A kind of second childhood falls on so many men. They trade their violence for the promise of a small increase of life span. In effect, the head of the house becomes the youngest child. And I have searched myself for this possibility with a kind of horror. For I have always lived violently, drunk hugely, eaten too much or not at all, slept around the clock or missed two nights of sleeping, worked too hard and too long in glory, or slobbed for a time in utter laziness. I've lifted, pulled, chopped, climbed, made love with joy and taken my hangovers as a consequence, not as a punishment. I did not want to surrender fierceness for a small gain in yardage. My wife married a man; I saw no reason why she should inherit a baby.”

John Steinbeck.

Get into the arena. Live your passions. Accept consequences; but, live.

 

Florida Passes Landmark Free Speech Legislation.

Florida Governor Ron DeSantis Signs Anti Censorship Bill. Big tech companies that censor, silence or deplatform users on social media will have to contend with an Amendment to Florida's Consumer and Unfair Deceptive Acts or Practices Act, as it is now illegal in Florida for Social Media Platforms to "unfairly" or "in bad faith" censor or deplatform candidates, users and others from expressing their views. It will be interesting to see whether the Courts find the act unconstitutionally vague; but, anyone who is concerned about Big Tech's influence on free speech will be following the cases closely. When a single corporation can bar a citizen from the biggest megaphone in town, it is fair to argue that free speech is in danger. Long time readers know that I am an advocate for free speech, even speech that is uncomfortable or unpleasant to hear. The only alternative is a slippery slope to a future in which we are afraid to speak our minds. With cancel culture and other modern forms of censorship on the rise, it is fair to say that we are already sliding down the slope. What do you think? The statute will permit private legal action, as well as action by the Attorney General.

#TBT - Can't We All Just Get Along?

I took this photo last year at Bird Lake, near my house. As I watched 3 wild species foraging for their morning meal, it occurred to me that, in many ways, animals can be a lesson to us. Marcus Aurelius cautioned that all persons are our brothers and sisters, and we should cooperate with them, as much as possible, since their errors come from a place of ignorance of truth. We are still, all of us, part of a family. Can't we all just get along?

Signal Encrypted Messaging - Free Speech In An Internet World.

Signal Messaging. Yes, encrypted messaging can be used by bad actors. Yes, it can be used by those who some call bad; but, others call free speech warriors, like Ed Snowden. But, it can also be used by husband and wives who don't want their private spousal communications to become known to anyone else. If certain celebrities and corporations had used it, there would be fewer scandal out there. Free speech is a two edged sword. The key word, however, is freedom. It isn't free. And, like life, it doesn't come without risk. Risk is the stuff of life. We seem to live in a world where everyone wants everything to be safe, sanitized and free of the possibility of offending, or otherwise making another uncomfortable. We forget that taking offense is a unique choice that everyone gets to make for themselves. So, I say that a non profit like Signal is the very base of a free society. Information is free; but, if I want my communications with another human to be private, I have the right to do that. As lawyers, we have another important reason for using secure messaging apps like Signal. Our clients' data and information is sacred, and we have a duty to keep it confidential. If my client and I communicate with Signal, we can ensure that privacy. Would you have it any other way?

What's In A Name?

Washington Football Team. When you see the photograph below, what immediately enters your mind? Of course, an NFL player for the Washington Football Team. And, when you hear WFT what is the first thing that pops into your head? Of course, the team that had to change their name from the Redskins because someone was offended. Do not the powers that be, and the offended, realize that the Redskins have received more publicity for the name change than they could have received in 2 lifetimes if they were just left alone? This reminds me of an old trial lawyer's trick. Suppose a witness is testifying, and the lawyer fails to object to an obviously irrelevant or immaterial question before the witness states the answer? The lawyer loudly objects and the Judge grants the objection. Too late, the jurors have already heard the answer. The lawyer, not satisfied, asks the Judge to instruct the jury not to consider the answer. So, the Judge looks the jury in the eyes and says: "You are instructed to disregard the answer this witness just gave" (And I mean it). For the rest of the trial, what do you think the jurors are thinking about? Oh, the conscientious ones will make an effort; but, human nature will prevail. Now, for the rest of your life, when you see an NFL team without a name (the Washington Football Team), the only thing you will be thinking about is that they used to be called the Washington Redskins. That is why I think the Skins might just keep the WFT non-name. Call it a silent protest against political correctness.