Defending People

the tao of criminal-defense trial lawyering

The Fourteenth Amendment Right to Sex Toys

| February 13, 2008

The Fifth Circuit Court of Appeals has recognized Texans’ Fourteenth Amendment right to use (and therefore to buy) dildos: Just as in Lawrence, the State here wants to use its laws to enforce a public moral code by restricting private intimate conduct. The case is not about public sex. It is not about controlling commerce [...]

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Lawyers Appreciate . . . The U.S. Constitution

| December 27, 2007

My friend Scott Greenfield has tagged me for the Second Annual Lawyers Appreciate Meme, which started at Life at the Bar. I appreciate the U.S. Constitution. The Founders knew — from direct experience — that government is a threat to freedom. The saw that government was necessary, though, or at least inevitable. So, rather than [...]

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