Released: February 26, 2011, Talk of the Town
Symbolic Speech [ finger gesture--even 'mooning'] is protected speech under the First Amendment, and a case on point for finger gesture is Nichols v. Chacon,110 F.Supp.2d 1099 [2000] and mooning is the Mark Edward Fly case in 1997, prosecuted by former State Attorney General, and former Governor, and now convicted felon, the Honorable Mike Easley, who, along with former governor, Jim Hunt has awarded to several state citizens, the States Highest Honor, the Long Leaf Pine. What's that worth now?
I would give it back.
According to the Judicial Standards Commission 7A-376.
Question: What conduct is deemed prejudicial to the Administration of Justice?
It's conduct that brings the judicial office into disrepute, and prejudicial to public esteem for the judicial office. In re: Edens, 290 N.C. 299.
Further, [the] disposition of a case for reasons other than an honest appraisal of facts and law as disclosed by the evidence presented. See in Crutchfield, 289 N.C. 597.
Finally, and according to Title 42 Section 1983: Civil action for deprivation of rights.
"Every person who, under color of any statute, ordinance, regulation, custom, or usage, or any State...or causes any citizen of the United States subjects any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution shall be liable to the party injured [Daniel A. Young, Sr.]in an action at law, suit in equity, or other proper proceeding for redress.
That's my perspective. What's yours?
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