The Elitist

November 4, 2008

Judicial News on Executive Day

Filed under: Law, Presidential Election 2008, Supreme Court — The Elitist @ 1:40 pm
Justice is Blind…to what’s going on in the world. Is that a titty?

Justice is Blind…to what’s going on in the world. Is that a titty?

The whole world is waiting to hear the results of today’s elections. We’ve got Senators and Representatives, and even the Presidency on the line. There are a host of major issues to decide. Terrorism, war, economic meltdown, executive power, and civil liberties to name a few. But what is happening on this historic day in our third branch of government, the autistic step-child of the law, the judicial branch? The Supreme Court, the mighty protector of all that is sacred, is deciding whether naughty words said accidentally on television can be fined by the FCC. This is change we can believe in for sure.

And the Maryland Court of Appeals is considering whether “What’s up?” constitutes an unlawful interrogation under Miranda. Those assholes in the old Budweiser commercials are watching this one very closely. (Though, in fairness, this issues has pretty much been settled in Brewer v. Williams, in which the court stated that any communication intended to elicit a response was in fact an interrogation when the suspect was in custody, as this guy clearly was. This question, “What’s up?” was intended to elicit a response, whether it’s considered a common greeting or not).

Wash Post – Potty Mouths on Trial

Maryland Daily Record – “What’s up?” on Trial

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