Different River

”You can never step in the same river twice.” –Heraclitus

October 11, 2005

Is that an “Opinion”?

Filed under: — Different River @ 1:33 pm

Clayton Cramer points out how the Oregon Supreme Court has redefined the word “opinion” in the Oregon Constitution‘s protection of “free expression of opinion” to include … um, other things.

The really amazing thing is that the court explicitly acknowleged that the authors of the Oregon Constitution did not mean to say what the court says they meant to say. Cynics have often said that the Constitution doesn’t say what it says, it says what the courts say it says. Now, the courts are saying that themselves — and they’re openly saying that’s the way it should be.

The judiciary appears to have gone from being discretely arbitrary and capricious to being shamelessly arbitrary and capricious.

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