So I just got out of the hearing for Sines v Kessler. Spencer got a last minute lawyer. Enoch argued for himself. It was mostly uneventful but there were a few gems. I'll tweet them out as I navigate my way to lunch.
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The legal arguments seemed to hinge on the defense claiming 1st Amendment protections and the plaintiffs arguing that speech is part of the necessary elements to establish a conspiracy.
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At play are Sections 1982, 1985, and the 13th Amendment. The 13th Amendment, of course, is the Amendment that outlawed slavery, but the other laws also can be traced to Reconstruction-era Civil Rights laws.
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At question is whether the five elements required for 1985(3) are met. But, this is not entirely a question for the motion to dismiss. In fact, Plaintiffs argued that defendants, including Enoch, were arguing factual matters inappropriately.
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This article describes how the 13th Amendment gets involved. Sections 1985 and 1982, if I understood the arguments correctly, are precisely the statutory actions that Congress has taken regarding "the badges and incidents of slavery."pic.twitter.com/A1lTcbTChY
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Anyhow, it was all pretty short and went quickly. Plaintiffs got harder questions from the bench than Defendants. A ruling should be issued soon. Lunch was delicious.
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End of conversation
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