Uploaded August 2023 | Updated September 2026, 2 weeks ago
Episode #54
A big win coming out of the Fifth Circuit Court Of Appeals in the case of Rogers v. Smith. The Court affirmed that a police officer who deprived a citizen of their first and fourth amendment rights when they arrested that citizen for criminal libel, despite the police's prior awareness the criminal libel law in question, Louisiana Revised Statutes §14.47 had been ruled unconstitutional by both the Louisiana and United States Supreme Courts.
For these reason the police officers being sued in this case were DENIED qualified immunity and held to have deprived the plaintiff of his civil rights under color of law in accordance with 42 U.S.C. §1983
I also use this case to discuss one of the most common and problematic myths in constitutional law. The writ-of-erasure fallacy. This deals with the crucial distinction between a law that has been ruled unconstitutional by the Courts and the actual repeal of that law by the legislature. The confusion over this legal doctrine frequently has major real world consequences and we discuss what they are.
Show Notes Page for Federal Court Short Circuits Officer's Qualified Immunity Defense - constitutionallaw.substack.com/p/episode-54-fifth-circuit-short-circuits
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Subscribe To Legalese Newsletter - legaleseshow.com
Legalese Homepage - legalesepodcast.com
“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon - amazon.com/dp/B0BN93R9QX
Contact Me - Bob@legaleseshow.com
Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
Episode #54
A big win coming out of the Fifth Circuit Court Of Appeals in the case of Rogers v. Smith. The Court affirmed that a police officer who deprived a citizen of their first and fourth amendment rights when they arrested that citizen for criminal libel, despite the police's prior awareness the criminal libel law in question, Louisiana Revised Statutes §14.47 had been ruled unconstitutional by both the Louisiana and United States Supreme Courts.
For these reason the police officers being sued in this case were DENIED qualified immunity and held to have deprived the plaintiff of his civil rights under color of law in accordance with 42 U.S.C. §1983
I also use this case to discuss one of the most common and problematic myths in constitutional law. The writ-of-erasure fallacy. This deals with the crucial distinction between a law that has been ruled unconstitutional by the Courts and the actual repeal of that law by the legislature. The confusion over this legal doctrine frequently has major real world consequences and we discuss what they are.
Show Notes Page for Federal Court Short Circuits Officer's Qualified Immunity Defense - constitutionallaw.substack.com/p/episode-54-fifth-circuit-short-circuits
Follow & Support
Subscribe To Legalese Newsletter - legaleseshow.com
Legalese Homepage - legalesepodcast.com
“Constitutional Sleight Of Hand: An explicit history of implied powers” Now Available on Amazon - amazon.com/dp/B0BN93R9QX
Contact Me - Bob@legaleseshow.com
Legalese is a podcast that discusses all things constitutional law as well as current events in politics and other areas of law.
