this is not a public blog, just a place hwere i can leave myself notes. nothing to see here folks, move along.
Friday, December 22, 2023
Monday, December 18, 2023
Sunday, December 17, 2023
Male Wilbur Joseph Ankeny |
Birth | 4 Nov 1855 | Clinton County, Iowa |
Death | 11 Feb 1941 | Morgan County, Colorado |
Burial | ||
Marriage | 30 Aug 1877 | Carroll County, Illinois |
Other Spouse | Mary Anne Ferguson | F28159 | |
Marriage | 25 Oct 1899 | Ringgold County, Iowa |
Father | William Henry Ankeny | F28185 Group Sheet | |
Mother | Catherine Dorcas Estabrook | F28185 Group Sheet |
Saturday, December 16, 2023
2023 income streams
tesla 20k
sss 638 x 12 = 6380 + 1276 = 7656
150 x 50 = 7500 woodstock
1000 find stuff
estate n
class action $155
scrap 200
rents
study 900
plasma $1000
2023 income streams
tesla 20k
sss 638 x 12 = 6380 + 1276 = 7656 27656
150 x 50 = 7500 woodstock 35156
1000 find stuff 36156
estate [300k] [3]36156
class action $155 336301
scrap 200 336501
rents
study 900 337401
plasma $1000 338401
Monday, December 11, 2023
monday, i didn't get much done. 2nd day without weed, feels good.
haircut $15. gas $20. found a grocery.
sorted food on stairs.
$20 to jordan (not red haired jordan).
made plans for the three piles of trash. gonna put them in the van, take it to the transfer station.
bath, cleaned the bathtub, took out trash.
sunday i took 3 bags of trash to work + worked 5 hours, exhausted. busy day at work with a christmas party.
plan for tuesday.
clean out van to get ready, find tarp.
or scrap run if get up early.
drop off laundry at 30th st.
read complaint. h + h
call lawyer chick
[–]purplepanda5050 27 points
weds i
today i:
took 4 loads of burned boards to the dump, which was my goal for the day. and also cleaned the van. took my hired guy to my favorite diner for lunch. got laundry together to wash tomorrow. washed 4 dishes. redacted. snaked the toilet.
yesterday i worked and splashed my eye with detergent so now my eye is red and swollen.
thursday:
1 load laundry.
3 bags trash. 1 load cardboard.
cleaned front yard some. found pineapples and buttermilk. got flat tire fixed. $50.
bought gas.
You can dispose of extra household trash, heavy trash, and bags of leaves at the Marion County Citizens’ Transfer Station.
The fee is $2 per carload, or $5 per SUV or pickup truckload (Cash Only). You can make up to two trips per day. Moving trucks, dual axles, trailers, haulers, stake-bed trucks, and truckloads larger than 3/4 ton are not permitted.
The transfer center is open on Saturdays from 8 a.m. to 4 p.m. It is located at 2324 S. Belmont Ave.
Saturday, December 09, 2023
FORT LAUDERDALE FOOD NOT BOMBS, Nathan Pim, Jillian Pim, Haylee Becker, William Toole, Plaintiffs - Appellants, v. CITY OF FORT LAUDERDALE, Defendant - Appellee.
Jodi Siegel, Southern Legal Counsel, Inc., Gainesville, FL, Andrea Hope Costello, Florida Legal Services, Newberry, FL, Mara Shlackman, Law Offices of Mara Shlackman, PL, Fort Lauderdale, FL, for Plaintiffs-Appellants. Michael Thomas Burke, Johnson Anselmo Murdoch Burke Piper & Hochman, PA, Alain E. Boileau, Alain E. Boileau, PA, Fort Lauderdale, FL, for Defendant-Appellee.
Thursday, December 07, 2023
With this case, we recognize that both the First Amendment to the United States Constitution and Article II, Section 10 of the Colorado Constitution protect an individual's fundamental right to purchase books anonymously, free from governmental interference.
tattered cover v thornton.
Like freedom of speech and a free press, the right of peaceable assembly was considered by the Framers of our Constitution to lie at the foundation of a government
based upon the consent of an informed citizenry -- a government dedicated to the establishment of justice and the preservation of liberty. U.S.Const., Amend. I. And it is now beyond dispute that freedom of association for the purpose of advancing ideas and airing grievances is protected by the Due Process Clause of the Fourteenth Amendment from invasion by the States. De Jonge v. Oregon, 299 U. S. 353, 299 U. S. 364; NAACP v. Alabama, 357 U. S. 449, 357 U. S. 460.
bates v little rock,
Due process requires that a criminal statute provide adequate notice to a person of ordinary intelligence that his contemplated conduct is illegal, for "no man shall be held criminally responsible for conduct which he could not reasonably understand to be proscribed." United States v. Harriss, 347 U. S. 612, 617 (1954). See also Papachristou v. City of Jacksonville, 405 U. S. 156 (1972). Where First Amendment rights are involved, an even "greater degree of specificity" is required. Smith v. Goguen, 415 U. S., at 573. See Grayned v. City of Rockford, 408 U. S. 104, 109 (1972); Kunz v. New York, 340 U. S. 290 (1951).
valeo.
We agree with the holdings of the District Court and the Court of Appeals on the due process doctrine of vagueness. The settled principles of that doctrine require no extensive restatement here.[7] The doctrine incorporates notions of fair notice or warning.[8] Moreover, it requires *573 legislatures to set reasonably clear guidelines for law enforcement officials and triers of fact in order to prevent "arbitrary and discriminatory enforcement."[9] Where a statute's literal scope, unaided by a narrowing state court interpretation, is capable of reaching expression sheltered by the First Amendment, the doctrine demands a greater degree of specificity than in other contexts.[10] The statutory language at issue here, "publicly . . . treats contemptuously the flag of the United States . . . ," has such scope, e. g., Street v. New York, 394 U.S. 576 (1969) (verbal flag contempt), and at the relevant time was without the benefit of judicial clarification.[11]
a smith case!
Tuesday, December 05, 2023
Remarks
12,207 sq foot all brick building on Redacted Ave! This church has great bones, wonderful character in its woodwork and stained glass windows throughout. Move right in and make this your church home or with a little vision it is an open canvas to repurpose this building to fit your wants or needs. Could be apartments, an entertainment venue, storage, etc. There are two restrooms on each level, basement kitchen and a working M.P. Moller organ. High traffic area and hard to beat at this price per sq ft!Monday, December 04, 2023
Brian Majors v. Marsha Abell, 361 F.3d 349 (7th Cir. 2004)
This opinion cites 27 opinions.
- 1 reference to New York Times Co. v. Sullivan, 376 U.S. 254
Supreme Court of the United States March 9, 1964 Also cited by 5500 other opinions - 1 reference to Buckley v. Valeo, 424 U.S. 1
Supreme Court of the United States Feb. 27, 1976 Also cited by 3069 other opinions - 1 reference to Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748
Supreme Court of the United States May 24, 1976 Also cited by 1434 other opinions - 1 reference to First Nat. Bank of Boston v. Bellotti, 435 U.S. 765
Supreme Court of the United States June 26, 1978 Also cited by 924 other opinions - 1 reference to Rutan v. Republican Party of Illinois, 497 U.S. 62
Supreme Court of the United States Aug. 30, 1990 Also cited by 807 other opinions - 1 reference to United States v. Playboy Entertainment Group, Inc., 529 U.S. 803
Supreme Court of the United States May 22, 2000 Also cited by 560 other opinions - 1 reference to McIntyre v. Ohio Elections Commission, 514 U.S. 334
Supreme Court of the United States April 19, 1995 Also cited by 554 other opinions - 1 reference to McConnell v. Federal Election Commission, 540 U.S. 93
Supreme Court of the United States Dec. 10, 2003 Also cited by 472 other opinions - 1 reference to Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182
Supreme Court of the United States Jan. 12, 1999 Also cited by 327 other opinions - 1 reference to Talley v. California, 362 U.S. 60
Supreme Court of the United States March 7, 1960 Also cited by 278 other opinions - 1 reference to Citizens Against Rent Control/Coalition for Fair Housing v. City of Berkeley, 454 U.S. 290
Supreme Court of the United States Dec. 14, 1981 Also cited by 234 other opinions - 1 reference to O'Hare Truck Service, Inc. v. City of Northlake, 518 U.S. 712
Supreme Court of the United States June 28, 1996 Also cited by 219 other opinions - 1 reference to Mary A. Bart v. William C. Telford, 677 F.2d 622 (7th Cir. 1982)
Court of Appeals for the Seventh Circuit May 12, 1982 Also cited by 202 other opinions - 1 reference to Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton, 536 U.S. 150
Supreme Court of the United States June 17, 2002 Also cited by 172 other opinions - 1 reference to Keenan v. Tejeda, 290 F.3d 252 (5th Cir. 2002)
Court of Appeals for the Fifth Circuit April 29, 2002 Also cited by 126 other opinions - 1 reference to Citizens for Responsible Government State Political Action Committee Steve Durham Phil Pankey Colorado State Republican Central Committee Colorado Republicans for Choice, an Unincorporated Colorado Political Committee Crown Point Communications, Inc., a Colorado Corporation Dorothy S. Wham William Thiebaut, Jr. Donna Mullins Good Colorado Education Association Education Political Action Committee, a Colorado Nonprofit Corporation, and and Colorado Right to Life Committee, Inc. Citizens for Responsible Government, Inc. Libertarian Party of Colorado Libertarian Party of Denver Sandra Johnson Douglas E. Anderson David Aitken Fred Greene Firearms Coalition of Colorado, Inc. William Pittman Greg Walerius, Plaintiffs-Cross-Appellants v. Donetta Davidson, in Her Official Capacity as the Secretary of State for the State of Colorado, and Cross-Appellee. Republican National Committee Common Cause League of Women Voters of Colorado Association of Community Organizations for Reform Now, Colorado Chapter, Amici Curiae. Terry L. Phillips, and v. Donetta Davidson, Secretary of State of the State of Colorado, and Cross-Appellee, 236 F.3d 1174 (10th Cir. 2000)
Court of Appeals for the Tenth Circuit Dec. 26, 2000 Also cited by 102 other opinions - 1 reference to Terrance M. Allen v. Jerry Scribner, Hans Van Nes, Olaf Leifson, Gordon Tween, Robert Milam, Richard Rominger, Lyndon Hawkins, Robert Hobza, Robert v. Dowell, Charles D. Hunter, and John Does 9 Thru 250, 812 F.2d 426 (9th Cir. 1987)
Court of Appeals for the Ninth Circuit Sept. 29, 1987 Also cited by 95 other opinions - 1 reference to Richard Suppan Glenn Kerrigan Gerald Dieter James Bowser v. Joseph Dadonna Wayne Stephens Gerald Monahan, Jr. Harold Boyer Ronald Manescu Scott Mitchell Dennis Trocolla Michael Combs the City of Allentown, 203 F.3d 228 (3rd Cir. 2000)
Court of Appeals for the Third Circuit Feb. 10, 2000 Also cited by 94 other opinions - 1 reference to Kentucky Right to Life, Inc. Kentucky Right to Life Political Action Committee (Krlpac) Robert Zoeller Lora Robertson, Treasurer of Kentucky Right to Life Political Action Committee v. Joseph Terry, 108 F.3d 637 (6th Cir. 1997)
Court of Appeals for the Sixth Circuit March 7, 1997 Also cited by 84 other opinions - 1 reference to American Booksellers Association, Inc. v. William H. Hudnut, Iii, Mayor, City of Indianapolis, 771 F.2d 323 (7th Cir. 1985)
Court of Appeals for the Seventh Circuit Sept. 20, 1985 Also cited by 84 other opinions - 1 reference to Brian Majors v. Marsha Abell, 317 F.3d 719 (7th Cir. 2003)
Court of Appeals for the Seventh Circuit Jan. 23, 2003 Also cited by 63 other opinions - 1 reference to Mary Pieczynski v. Katherine Duffy and Roberto Maldonado, 875 F.2d 1331 (7th Cir. 1989)
Court of Appeals for the Seventh Circuit July 7, 1989 Also cited by 49 other opinions - 1 reference to Bernard Coady v. Russell Steil, 187 F.3d 727 (7th Cir. 1999)
Court of Appeals for the Seventh Circuit Sept. 9, 1999 Also cited by 46 other opinions - 1 reference to Robert E. Gable, Plaintiff-Appellant/cross-Appellee v. Paul E. Patton, in His Official Capacity as Governor of the Commonwealth of Kentucky A.B. Chandler, Iii, in His Official Capacity as Attorney General of the Commonwealth of Kentucky Kentucky Registry of Election Finance Donald L. Cox, in His Official Capacity as Chair of the Kentucky Registry of Election Finance Morris E. Burton, in His Official Capacity as Franklin County Commonwealth Attorney James E. Boyd, in His Official Capacity as Franklin County Attorney John Y. Brown, Iii, in His Official Capacity as Secretary of State for the Commonwealth of Kentucky, Defendants-Appellees/cross, 142 F.3d 940 (6th Cir. 1998)
Court of Appeals for the Sixth Circuit July 28, 1998 Also cited by 32 other opinions - 1 reference to Doe v. Mortham, 708 So. 2d 929 (Fla. 1998)
Supreme Court of Florida March 19, 1998 Also cited by 22 other opinions - 1 reference to Federal Election Commission v. Public Citizen, Inc, 268 F.3d 1283 (11th Cir. 2001)
Court of Appeals for the Eleventh Circuit Oct. 10, 2001 Also cited by 8 other opinions - 1 reference to Majors v. Abell, 792 N.E.2d 22 (Ind. 2003)
Indiana Supreme Court July 24, 2003 Also cited by 2 other opinions
I. Article I, § 9 of the Indiana Constitution
First, Ogden asserts that the IDOI defendants violated his right to free speech guaranteed by Article I, section 9 of the Indiana Constitution. Art. I, § 9 specifies that “[n]o law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever: but for abuse of that right, every person shall be responsible.” The IDOI defendants suggest that our standard of review of this issue should mirror the standard of review used to address violations of the First Amendment of the United States Constitution, as both relate to the protection of free speech. However, as we determined in Lach v. Lake County, 621 N.E.2d 357, 358 (Ind.Ct.App.1993), trans. denied, which the IDOI defendants cite in support of their argument, “the Indiana Constitution more jealously protects freedom of speech guarantees than does the United States Constitution.”
Article 1, Section 9 of the Indiana Constitution provides: "No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever: but for the abuse of that right, every person shall be responsible." The right of free speech protected in Section 9 is "expressly qualified by the phrase `but for the abuse of that right, every person shall be responsible.'" J.D. v. State, 859 N.E.2d 341, 344 (Ind.2007).
Johnson v. State, 719 NE 2d 445 - Ind: Court of Appeals 1999
Shoultz v. State, 735 N.E.2d 818, 825 (Ind.Ct.App.2000), trans. denied
JOHNSON v. STATE (2001) https://caselaw.findlaw.com/court/in-court-of-appeals/1194142.html
Based on this premise, Indiana courts have employed a two-step analysis when addressing Art. I, § 9 claims. Blackman v. State, 868 N.E.2d 579, 584 (Ind.Ct.App.2007), trans. denied. First, we must determine whether the state action has restricted a claimant's expressive activity. Id. at 584–85. Second, if it has, we must decide whether the claimant's restricted activity constituted an “abuse” of the right to speak. Id. at 585
However, if the expressive activity is political in nature, the State must demonstrate that it did not materially burden the claimant's opportunity to engage in political expression. Blackman, 868 N.E.2d at 585. “Expressive activity is political ... if its point is to comment on government action, whether applauding an old policy or proposing a new one, or opposing a candidate for office or criticizing the conduct of an official acting under the color of law.”
In contrast, where an individual's expression focuses on the conduct of a private party—including the speaker himself or herself—it is not political.
Whittington, 669 N.E.2d at 1370. In contrast, where an individual's expression focuses on the conduct of a private party—including the speaker himself or herself—it is not political. Id. If the expression, viewed in context, is ambiguous, a reviewing court should find that the claimant has not established that it was political and should evaluate the constitutionality of any state-imposed restriction of the expression under a rationality review. Id.
Once a claimant succeeds in demonstrating that his or her expression was political, the State may demonstrate that its action did not impose a material burden on the expression if either the “magnitude of the impairment” was slight or the expression threatened to inflict “particularized harm” analogous to tortious injury on readily identifiable private interests. See id.
Because Ogden's speech was addressed to the State rather than a private individual and commented on the State actor's actions, we conclude that his speech was political.
ogden v in ct app 2013