Quote (NetflixAdaptationWidow @ Oct 13 2022 01:47am)
The allegation is that you used your speech in a way that isn't covered by the first amendment. You have to defend yourself on the merits of the case and that's it.
You don't get to argue second amendment rights if you shot a gun into somebody else's property or endangered somebody else. You have to defend yourself by showing you didn't do it, or had a good reason to do it, etc. Not just in a nebulous manner that "it's my right".
This ain't hard to understand
were moving to criminal and out of civil with this analogy.
using this though, it would be up to the prosecution to prove the murder. the burden of proof is not on the defendant. this analogy also already infers guilt.
likewise, it was up to the plaintiff to prove damages.
my point is that it was AJ's case was that "he didn't defame anyone". part of his case was defining the 2 terms, "defamation" and "freedom of speech". and then portraying examples of prior cases that his counsel would believe help the jury rule in their favor.
now you again, don't have to agree with anything from AJ's counsel. but it's insinuating guilt before the trial if you are not even able to represent the alternative.