(This “About” is the text of the first post on this blog, “Welcome to Lawpagada” – just trying to save you time, Dear Reader.)
Welcome to Lawpaganda. I’m Brian J. Foley, a law professor, political writer, and comedian. Lawpaganda is my effort to get underneath much of current debates about law in the U.S. and show how propaganda is informing the debate and, ultimately, our laws. Laws not only help resolve disputes, but they also set norms and help tell us what a society is “about.”
Here is the text of my first post, “Welcome to Lawpaganda (You’re already living under its rule!)”
Our laws seem more and more the result of legislators and judges accepting the propaganda that drowns out reasoned discussion in the U.S.
- Money floods politics because corporations have “free speech rights,” and money is speech.
- An American Gulag has developed in the past decade at Guantanamo and beyond because there is an overwhelming number of “terrorists” who are so dangerous that they cannot be contained by regular U.S. prisons or be tried under regular U.S. laws lest they go free on one of the many “pro-criminal” “technicalities” that regularly return dangerous offenders to the streets.
- In Florida and other states, the risk of random, violent death is so acute that regular citizens should carry handguns and should not even have to inquire into whether they can break off a supposedly dangerous engagement and preserve human life but instead may “stand their ground” and open fire.
- Everyone who is arrested may be strip-searched and have their body cavities probed by police because every mild-mannered American could be an Al-Qaeda terrorist with a bomb up his ass — this per the U.S. Supreme Court in Florence v. Board of Chosen Freeholders of County of Burlington et al. (2012).
- “Tort Reform” is necessary, because too many people falsely claim injuries, and unreasonable, anti-business juries lavishly award them enormous sums of money to redistribute wealth to malingerers.
- Voting laws must be manipulated and amended and revoked to prevent “socialists” and “liberals” and “communists” from taking over the U.S., led, of course, by President Obama (who is actually a right-of-center politico).
- Wars must be waged against puny, powerless countries to prevent American women from being forced to wear burquas.
- War itself cannot be regulated by law – it’s a matter of politics on whether the U.S. should start a war, and it’s a matter of military discretion in how the U.S. wages war.
These ideas are “lawpaganda” – the deadly-to-democracy combination of law and propaganda, the deadly lack of reflection that is destroying our legal system. LAWPAGANDA seeks to expose and comment on this phenomenon.