{"id":9297,"date":"2016-04-15T13:31:26","date_gmt":"2016-04-15T17:31:26","guid":{"rendered":"http:\/\/jimbovard.com\/blog\/?p=9297"},"modified":"2016-04-15T14:59:23","modified_gmt":"2016-04-15T18:59:23","slug":"fff-supreme-court-fashion-reject","status":"publish","type":"post","link":"https:\/\/jimbovard.com\/blog\/2016\/04\/15\/fff-supreme-court-fashion-reject\/","title":{"rendered":"FFF: My Supreme Court Fashion Reject"},"content":{"rendered":"

\"supreme-court-ejection-with-words-&-jpb-drawingSHRUNK\"<\/a>From the Future of Freedom Foundation <\/a>–<\/p>\n

SUPREME FASHION REJECT<\/strong><\/h2>\n

by James Bovard<\/p>\n

\u201cYou should never wear your best trousers when you go out to fight for freedom and truth,\u201d the Norwegian playwright Henrik Ibsen declared in his famous play An Enemy of the People.<\/i> \u00a0Unfortunately, the justices on the Supreme Court of the United States \u2014 the sacred burial ground of Americans\u2019 rights and liberties \u2014 are not members of Ibsen\u2019s fan club.<\/p>\n

I learned this bitter truth in March 1995, when I was in the press box at the Supreme Court watching lawyers wrangle over a case of great principle and tawdry details. Sharlene Wilson was a repeat offender and former government snitch who had been nailed for two sales of marijuana totaling $105. The state of Arkansas \u2014 which could not afford to pave many of its own roads \u2014 planned to spend hundreds of thousands of dollars incarcerating Wilson for the next 30 years. I was covering the Court\u2019s oral arguments for Playboy <\/i>magazine.<\/p>\n

This case bounded up to the Supreme Court because Arkansas police carried out a no-knock raid on Wilson\u2019s home, during which they discovered marijuana and drug paraphernalia. John Wesley Hall, an Arkansas attorney and author of a treatise on the Fourth Amendment, asserted that the no-knock raid was unconstitutional and petitioned the court to overturn Wilson\u2019s convictions for marijuana possession and paraphernalia. (He did not challenge Wilson\u2019s drug-dealing conviction.)<\/p>\n

No-knock raids are routinely carried out by SWAT teams wearing masks and black ninja outfits and toting submachine guns. The right to violently batter down a front door necessarily included the right to shoot any citizen who tried to stop the police from invading his home.<\/p>\n

And what did it take to justify government\u2019s effectively declaring war on its own citizens?<\/p>\n

Flush toilets. Law enforcement agencies were convinced that the slightest delay in barging in could allow residents to flush away small amounts of drugs. The Clinton administration told the Supreme Court that \u201cif the officers knew that \u2026 the premises contain no plumbing facilities \u2026 then invocation of the destruction-of-evidence justification for an unannounced entry would be unreasonable.\u201d That was typical of the mindless authoritarian approach that the Clinton administration often took in law-enforcement cases before the Supreme Court.<\/p>\n

Ill-fated guffaw<\/b><\/p>\n

Americans are raised to believe that judicial processes favor truth and fairness, but cravenness is the coin of the realm at the Supreme Court. I watched lawyers grovel before the justices like slaves trying to avoid a whipping. Some justices were martinets, interrupting and browbeating disputants to their hearts\u2019 content. When Chief Justice William Rehnquist mocked one lawyer\u2019s assertion, everyone in the house responded with a polite chuckle.<\/p>\n

Hall told the justices that the \u201cknock and announce\u201d rule for police searches goes back to 1603 in English common law \u2014 before the Mayflower reached these shores. He included in his brief to the Court a Playboy<\/i> piece I wrote \u2014 \u201cOops \u2014 You\u2019re Dead\u201d \u2014 chronicling cases of innocent people killed in no-knock raids.<\/p>\n

One of the justices asked Michael Dreeben, the zealous beanpole representing the Justice Department, whether the Clinton administration thought that no-knock entries were always justified. Dreeben magnanimously granted two exceptions: \u201cif, based on confidential informants, the police know that all the drugs in question are stored in relatively indestructible crates,\u201d and second, if cops were searching for stolen televisions, there \u201cwould be no reason to believe that the occupants would have any means of being able to destroy the televisions.\u201d<\/p>\n

Hall retorted that, according to Dreeben\u2019s logic, \u201cthe more drugs you\u2019ve got, the more right you have to an announcement\u201d prior to a police search.<\/p>\n

I thought that was hilarious. Alas \u2014 my boisterous laugh proved to be a solo performance. All the justices \u2014 and dang near everybody else in the courtroom \u2014 turned and stared in my direction.<\/p>\n

I had not realized that there were different standards for laughter, depending on whether the jokester was wearing a Batsuit. Admittedly, my laugh has often spooked people and it did spark complaints from children when I worked as a Santa Claus at a Boston Filene\u2019s Department store. I\u2019ve also heard that people use tape recordings of my laugh from radio interviews to frighten off flocks of crows.<\/p>\n

Here is how the Washington Post<\/i>\u2019s Al Kamen described what happened next in his \u201cIn the Loop\u201d column:<\/p>\n

Once in Court, His Shirt Lost Its Appeal<\/i><\/a><\/p>\n

There was freelancer James Bovard yesterday in the front row of the press section at the Supreme Court minding his own business: on assignment from Playboy<\/i> magazine to cover oral arguments in a case about whether police officers with warrants must knock before entering a home.<\/p>\n

About 15 minutes into the argument, a court police officer approached Bovard and told him to move to a rear alcove.<\/p>\n

Seems Bovard had violated a Supreme Court rule \u2014 one that veteran reporters had never seen enforced \u2014 that asks the press sitting in the first two rows of the reserved section to follow the same dress code as those in the section reserved for the bar: coats and ties, general business attire.<\/p>\n

It could not be learned whether the court police acted on their own or were prompted by a displeased justice.<\/p>\n

A miffed Bovard says it\u2019s not like he had on a T-shirt or anything. It was a light blue, striped, \u201cfancy business shirt\u201d that was from \u201cLord & Taylor.\u201d<\/p>\n

Maybe he should try Brooks Brothers.<\/p><\/blockquote>\n

After the hearing concluded, I briefly returned to the press room. Several reporters who regularly cover the Court asked what I\u2019d been told when I got the heave-ho. A Washington Post<\/i> reporter mentioned the episode to Kamen, who gave me a ring. I explained that my laugh had drawn the attention that sparked the ejection. However, my response to his attire question provided a better story and was also the official storyline.<\/p>\n

After reading about the incident in the Post,<\/i> a journalist colleague asked whether I felt terribly embarrassed about the episode.<\/p>\n

\u201cHell no \u2014 I wasn\u2019t responsible for that stupid rule,\u201d I replied. If people feel guilty about violating arcane, secret edicts, government agents can always subdue them by pulling out a rule book and proclaiming them \u201cguilty.\u201d The real problem was that I wasn\u2019t permitted to summon police to haul away any justice who voted to uphold some tyrannical federal policy.<\/p>\n

Tyrannical seizure<\/b><\/p>\n

And the Supreme Court in the following years did little to temper my disdain. This was especially stark in an asset-forfeiture case they decided the following year.<\/p>\n

The Supreme Court reached a new low in constitutional depravity the following year when it practically defined \u201cinnocent owner\u201d out of existence. \u00a0The Court upheld the city of Detroit\u2019s confiscation of a Pontiac jointly owned by a married couple after police caught the husband, John Bennis, getting tooted by a prostitute on the front seat. It was business as usual in Detroit, where nearly 3,000 cars were confiscated in 1995 in an effort to crack down on men who patronize hookers.<\/p>\n

There was never any evidence that the wife had consented to the use of their vehicle for a dalliance. \u00a0\u00a0During preliminary arguments at the Supreme Court, the Justice Department blamed Tina Bennis for her husband\u2019s illicit use of their auto. Its brief declared that Tina Bennis \u201cdid not allege or prove that she took all reasonable steps to prevent illegal use of the car\u2026. [Bennis] claimed only that she lacked actual knowledge that her husband would use the car illegally.\u201d Since she had not hired a detective to stalk her husband, she had no right to complain about losing the family car she co-owned. (This was two years before Mr. Clinton had some difficulties with an intern. I don\u2019t recall that the impeachment articles blamed First Lady Hillary Clinton for her husband\u2019s behavior).<\/p>\n

Chief Justice Rehnquist based his decision on an 1827 case involving the seizure of a Spanish pirate ship that had attacked U.S. ships. Regrettably, Rehnquist did not deign to explain the legal equivalence of piracy in the 1820s and contemporary fellatio. The forfeiture was justified as a way to curb prostitution; but since police interrupted before the prostitute finished and was paid, Bennis was actually convicted only for \u201cgross indecency.\u201d That is a charge that any overheated teenage couple parking on Lovers\u2019 Lane could face. The court\u2019s ruling was so broad that even a married couple who stopped on some desolate dead-end street for a quickie (solely for the purposes of procreation) could lose their car.<\/p>\n

Rehnquist ruled that since the property had been involved in breaking the law, there was no violation of due process in its seizure. \u201cThe government,\u201d Rehnquist decreed, \u201cmay not be required to compensate an owner for property which it has already lawfully acquired under the exercise of governmental authority other than the power of eminent domain.\u201d By asserting that the government had already \u201clawfully acquired\u201d the Bennises\u2019 car simply because it had a law authorizing seizure of the car, Justice Rehnquist basically granted the government unlimited power to steal: if it wants to \u201clawfully acquire\u201d private property without compensation, all it needs to do is write more confiscatory laws. I lampooned the decision in a Playboy <\/i>piece titled \u201cBlown Away<\/a>.\u201d<\/p>\n

Later that year, the Clinton administration proposed a law that would entitle the feds to confiscate property involved in violating arcane environmental regulations that were often difficult, if not impossible, to strictly obey. I walloped that \u00a0proposal in the Wall Street Journal<\/a>:<\/i> \u201cThe kind of asset-forfeiture law Mr. Clinton is proposing allows confiscation via accusation: A federal agent need only accuse a person of an illegal act for that person\u2019s house, land, or car effectively to become the property of the federal government.\u201d The feds were seizing property on the basis of mere rumors and gossip \u2014 hearsay evidence \u2014 and then requiring their victims to provide iron-clad proof of ownership to reclaim their goods. This epitomized how the government slants the playing field against citizens\u2019 rights.<\/p>\n

Unfortunately, despite the occasional outrage spurred by seizures from innocent owners, the federal forfeiture juggernaut continues to roll on and ravage more lives. But at least the reporters who chronicled the Supreme Court\u2019s rubberstamped approval of the destruction of property rights are wearing coats and ties.<\/p>\n

This article was originally published in the January 2016 edition of<\/em> Future of Freedom<\/a>.<\/p>\n

This piece is a spinoff from my memoir, Public Policy Hooligan<\/strong><\/a> – now available as a Kindle book from Amazon<\/a> – \"Hooligan<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

From the Future of Freedom Foundation – SUPREME FASHION REJECT by James Bovard \u201cYou should never wear your best trousers when you go out to fight for freedom and truth,\u201d the Norwegian playwright Henrik Ibsen declared in his famous play An Enemy of the People. \u00a0Unfortunately, the justices on the Supreme Court of the United […]<\/p>\n","protected":false},"author":1,"featured_media":9298,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[832,113,231,830,771,834,232,831,828,24,829,833],"class_list":["post-9297","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","tag-al-kamen","tag-drug-war","tag-fashion","tag-flush-toilets","tag-fourth-amendment","tag-henrik-ibsen","tag-laughter","tag-lord-and-taylor","tag-no-knock-raid","tag-supreme-court","tag-swat-teams","tag-washington-post"],"yoast_head":"\nFFF: My Supreme Court Fashion Reject - James Bovard<\/title>\n<meta name=\"description\" content=\"I was evicted from the Supreme Court press box for laughing at the wrong time. 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The Wall Street Journal called Bovard \\\"the roving inspector general of the modern state\\\" and Washington Post columnist George Will called him a \\\"one-man truth squad.\\\" His 1994 book, Lost Rights: The Destruction of American Liberty, received the Free Press Association\u2019s Mencken Award as Book of the Year. His Terrorism & Tyranny won the Lysander Spooner \\\"Best Book on Liberty in 2003\\\" award. He received the Thomas Szasz Award for Civil Liberties work, awarded by the Center for Independent Thought and the Freedom Fund Award from the Firearms Civil Rights Defense Fund of the National Rifle Association. 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Pretext was that I was not wearing a coat & tie -spurring a Wash. 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The Wall Street Journal called Bovard \"the roving inspector general of the modern state\" and Washington Post columnist George Will called him a \"one-man truth squad.\" His 1994 book, Lost Rights: The Destruction of American Liberty, received the Free Press Association\u2019s Mencken Award as Book of the Year. His Terrorism & Tyranny won the Lysander Spooner \"Best Book on Liberty in 2003\" award. He received the Thomas Szasz Award for Civil Liberties work, awarded by the Center for Independent Thought and the Freedom Fund Award from the Firearms Civil Rights Defense Fund of the National Rifle Association. Bovard\u2019s writings have been publicly denounced by FBI director Louis Freeh, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the Postmaster General, and the chiefs of the U.S. International Trade Commission, the Drug Enforcement Administration, the Equal Employment Opportunity Commission, and the Federal Emergency Management Agency, as well as by many congressmen and other malcontents.","sameAs":["http:\/\/www.jimbovard.com","https:\/\/www.facebook.com\/jim.bovard","https:\/\/x.com\/jimbovard"],"url":"https:\/\/jimbovard.com\/blog\/author\/admin\/"}]}},"_links":{"self":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/9297","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/comments?post=9297"}],"version-history":[{"count":4,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/9297\/revisions"}],"predecessor-version":[{"id":9302,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/posts\/9297\/revisions\/9302"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/media\/9298"}],"wp:attachment":[{"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/media?parent=9297"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/categories?post=9297"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jimbovard.com\/blog\/wp-json\/wp\/v2\/tags?post=9297"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}