tonight we will learn about dissent. i don't always dissent. [laughter] bryer: quite often i am in the majority. they often don't pick that up. sometimes i dissent but this is the first of the society's for -- four part 2019 leon silverman series, the subject is dissent and the supreme court in new perspectives. well, i mean, i have seen what you have done over long periods of time in this organization. keep doing it. just keep doing it. this is just one example. i mean, you have teacher training programs, you bring in high school civics teachers, publications, journal of the supreme court history. the title tonight is dissent. concurrence as a dissent, lecture to whitney. the speaker is eminently qualified. it is professor mark killenbeck, the distinct professor at the university of arkansas school of law. he received his ba from boston education andgher phd from the university of nebraska and is a life member of the american law institute and wrote two related books, "mccullough v, maryland," and an older book from 2002. he is published widel

the title is dissent. concurrence as a dissent, lecture. the speaker is eminently qualified. , the professor mark distinct professor at the university of arkansas school of law very he received his ba from highercollege, administration from the university of nebraska and is a life member of the american law relatede and wrote two books, mccullough v, maryland, and temporary issues. that is 2002. he is published widely on the supreme court, constitution and spoke twice before this audience . so there is demand that he came back. , a badge ofreat honor the society once you to return. please join me in welcoming the professor. [applause] mark: thank you for that gracious introduction and for taking the time from a busy first monday. i didn't realize until you were 1935,airs on october 7, 84 years ago, the first monday of the first term the court spent in this building -- there is a certain degree of residence and it is humbling to be here. i want to thank the society for the invitation and in particular jennifer lowell, the driving force behin

but yes, as a writing kind of, yes, it's a lot more fun to write dissents, and dissents are a lot moreun to read. it turns out that people sort of -- people's writing gets more vivid and more colorful, it gets -- there's more personality in separate opinions than there can be when you're writing for an institution. you know, the supreme court says, as opposed to, boy, the supreme court said this and let me tell you why it's completely wrong, right? so i wrote a forward for a book that's coming out about -- i've talked about justice scalia a bunch here. george mason went to scalia law school. i wrote a forward for a book that's coming out with justice scalia's opinions in it. and what's so interesting to me, i looked at the table of contents and basically about 90% of them are separate writings, are either dissents or separate concurrences. and i think it's because you can be freer. you can say here's how i think the law should work without worrying about are you going to get five votes for that, without worrying about how an institution like the supreme court would say it. it's just yo

jeremy corbyn has a lot of cabinet dissenters? he has he is being unfairto us of dissenters? of the assertive as the guardian because of. he is basically saying effectively to his own party could we stop talking about brexit and start talking about the real issues that matter to people the selection such as schools and hospitals and police numbers? this is one of the interesting things about these generation is that theresa may in 2017 thought that she would call an election on brexit and then rememberthe would call an election on brexit and then remember the election was about everything except brexit. this comes back to the nigel farage argument, but i think the voters are sophisticated enough to know the difference between a protest vote in the european election and an actual vote for a member of parliament and department reelection. if you are knocking on doors trying to drive votes, brexit is bound to come up where it has not been resolved yet, we have a referendum which we would three and half years ago but also to runa three and half years ago but also to run a general

. >> if you write a dissent to wait to read to the majority of the opinion before you do the dissent or do you start right off? >> i almost always wait. >> then you announce your decision at the beginning of the session and sometimes you read from the bench. anyway, how do you decide which of your opinions or dissent that you will read from the bench? >> i've only done it three times in nine years i think that's pretty typical. i think most judges go through a year and never do it and read a dissent. the times you do it is when you say the dissent is really of great importance to the law and the country so i have done it three times. one was my first year which was in a campaign-finance case that was a statute out in arizona that the courts dropped down as being a violation of the first moment and it was a kind of public finance scam that i thought was perfectly appropriate and consistent with the first amendment. the second time i did a couple of years ago on a case which dealt with the way whether schemes by which employees contributed to labor unions even if they were not members

>> why did justice stephens offer the dissent i mean, the opinion for the court? to justice o'connor? because seniority is a major factor in our workplace. so, if you were the junior justice you tend not to get the most exciting cases. and i was pretty junior then. but sandra recognized this was something i cared a whole lot about. and so she told justice stephens that i should write the i should write the opinion. >> does that happen very often? >> it says so much about the generosity of her spirit. it hardly ever happens. so, what can you add, justice sotomayor, about a woman's voice and the fact that there >> you're going back to my confirmation hearing. >> this was a first in 1981. now we're 38 years later, something like that. there are three women on the court. justice ginsburg has said she'll be happy when there's nine. >> i said the question is, when will there be enough. so, the answer is, there will be enough when there are nine. nobody asks any questions about all of the years when all nine were men. >> well, i think people feel that you have a point. i

writing, it's more fun to write dissents. dissents are more fun to read. people'sout that writing gets more vivid, more colorful, there is more personality in separate opinions then there can be when you are writing for an institution. the supreme court says -- to the supreme court says this but let me tell you why it's completely wrong. i wrote a forward for a book george mason with the scalia law school, i wrote it forward for a book coming out with justice scalia's and it. what's so interesting and it, i looked at the table of contents and it basically about 90% of them are separate writings, either to censor separate concurrences. i think it's because you can be freer. you can say this is how i think the law should work without worrying if you're going to get five votes for that without worrying about how an institution like the supreme court would say it. it's just you. >> and without worrying about the precedent of every word. >> exactly. >> you are a fabulous writer. i would say you are good enough to be a journalist even. [laughter] but i will read

dissent is being. dissent is being criminalized speech is being arrested just ask max blumenthal entertainer of the grill i speech is being arrested just ask max blumenthal entertainer of the gray zone project and a leading investigative journalist increasingly questioning mamie's own project and a leading investigative journalist increasingly questioning mainstream media narratives and interrogating policymakers can get you banned stream media narratives and interrogating policymakers can get you banned monetized and even the rest of. the monetized and even the rest. believing weird things by the way this is called superstition or magical thinking. believing weird things by the way is called superstition or magical thinking believing weird things like that is not a bug in the system getting believing weird things like that is not a bug in the system it's a feature that comes equipped in the software of our program mean it's a feature that comes equipped in the software of our program even to try to co

dissenting at the supreme court is a lecture series hosted by the supreme court historical society. next on american history tv, university of arkansas law eck issor mark killenb introduced by supreme court justice stephen pryor, then discusses dissenting opinions written between 1810 and 1927. >> good evening, ladies and gentlemen. serve as president of the supreme court historical society. i am pleased to welcome you to the first lecture in this year's silverman series. this year, we are examining ,issents, not majority opinions different aspects thereof. you have already been warned about your cell phones and your apple watches and so forth

dissent with terrorism in $1.00 case a few years ago the f.b.i. raided the homes of peace activists across the midwest and undercover years ago the f.b.i. raided the homes of peace activists across the midwest an undercover agent had infiltrated the group but unfortunately failed to find.

my buddy just as -- justice .calia dissented -- dissented they wanted to be engineers, nuclear scientist. they go through the same line as the men. the --nted to change they did not want to change 11 quarters, they just wanted to have the opportunity that the state was making only to men and not women. the title is united states verse virginia. it was the united states of america telling a state you cannot make an opportunity available to one sex only. lily ledbetter is another case. she was an area manager at a goodyear tire plant. she got her job in the 1970's, only women doing it. one day, she finds a slip of paper in her mailbox with a series of numbers which she recognizes right away is the pay of the other area managers and she sees she is at the very bottom earning less than those she had trained to do the job. lawsuit,ht a title vii got a nice jury verdict, gets to the supreme court and the court sued too late. the law says you have to complain within 180 days of the discriminatory incident and you were discriminated against years and years ago. you are way out of time. supposedy

he went on to say, with respect and sadness, i dissent. can you talk about what that was like for you? >> yes. , the first point about, when do you dissent and when do you try to reach consensus, it is not always your choice to try to reach consensus . more than one person has to do it. why is it that you aren't having any trouble? [laughter] sometimes people want to go their own way. times, everybody agrees. maybe this was one of these cases. the court had tried to avoid the issue at times. prior to last year's decision. when we finally got around to deciding it, there were really two options. that wasn't a whole lot of room for compromise. some issues i like that. others are definitely not. i definitely don't think compromise is a dirty word. i think it's really important in general to try to reach across perceived divisions and try to see if you can find any common ground. if you can find any room for compromise. i like to think it is something i do a lot. sometimes, you can't. either you have no takers or you can't because you can't. t

dissent is being criminalized speech is being. sent is being criminalized speech is being arrested just. editor of the gray zone project and just. editor of the gray zone project and a leading investigative journalist increasingly questioning mainstream media narratives investigative journalists increasingly questioning mainstream media narratives and interrogating policymakers can get you banned. and interrogating policymakers can get you banned monetized anything. anything. welcome to max kaiser financial survival guide. looking for welcome to max kaiser financial survival guide. looking forward to a year that's a down. or 2 year that's no doubt. yanks this is what happens to pensions in britain. you watch kaiser this is what happens to pensions in britain. you watch kaiser report. for. hello and welcome to cross talk we're all. hello and welcome to cross talk where all things considered i'm peter lavelle dissent is being criminalized speech is being a realm things are considered i'm peter lavelle dissent is being criminalized s

set for 2020 amnesty international has warned of mounting human rights violations and attacks on dissentingvoices committed by security forces. now african refugees in south africa have been demanding to be moved to other countries because they feared xenophobic attacks well since last month there's been a group camped outside the u.n.h.c.r. has offices in the capital pretoria business or south african president was that condemning the attacks in september no amount of anger and frustration and grievance can justify such acts off wanton destruction and criminality there can be no excuse for the attacks on the homes and businesses of foreign nationals just as they can be no excuse whatsoever for xenophobia or any form of intolerance all right well it's in baby is a south african political analyst he is also a brother to the country's former president i would make a mistake it's lovely to have you released as the we're hearing the south african president condemning the the attacks on foreign nationals of africa something that made headlines across the continent you recently wrote an opinion p

this is a criminalization of dissent. is a prolific journalist barry good one he knows. is a prolific journalist barry good one he knows his stuff he's had some great work on venezuela on syria on russia gate and so many good stuff he's had some great work on venezuela on syria on russia gate and so many other topics it looks like they're coming for max go ahead right in other topics it looks like they're coming for max go ahead right well 1st a very small correction peter you say we all know about 1st a very small correction peter you say we all know about max none of my fellow americans know about mel you got ahead of me but i want to fix all of my fellow americans know about mel you got ahead of me but i want to go ahead of the history go ahead go ahead you're right. go ahead of the industry go ahead go ahead you're right. back off air and just say well you know there's an expression to. back off air and just say well you know there's an expression the pen is mightier than the sword now the u.s. gun is mightier than th

we are not frightened about any dissent. how many political prisoners are there in china?assador, that's not true. the people wouldn't be put behind barsjust because they are thinking thoughts. they are put behind bars because they have violated the law in china. but your laws preclude genuine political opposition. no, no, no. if people are dissenting from the party line, very quickly they find themselves contravening your laws. not only that, we have seen in the last two or three years the creation of a surveillance society in china, where every thought and every move made by your population is surveilled, in a way that is not true of any other country. can i ask you a question? how many civilian cctv cameras in your country? not as many as your country. no, not per capita. so how would you explain the situation? i would explain the situation by pointing out that in china... no, i am asking you, cctv... in china, by 2022, there will be one cctv camera in china for every two people. you have 1.4 billion people. that is an unimaginable surveillance society. what is it for?

dissent. dissent is being criminalized speech is being arrested just max blumenthal is being criminalized speech is being arrested just max blumenthal editor of the gray zone project and a leading investigative journalist increasingly editor of the gray zone project and a leading investigative journalist increasingly questioning mainstream media narratives and interrogating policymakers questioning mainstream media narratives and interrogating policymakers can get you banned monetized and you can. get you banned monetized and even the rest. believing weird things by the way this is called superstitious. believing in weird things by the way is called superstition or magical thinking believing weird things like that is not a bug in our magical thinking believing weird things like that is not a bug in the system it's a feature i think god is equipped in the software of our progress in the system it's a feature i think god is equipped in the software of our program to try to connect things in the

we know when our dissent from a sion campaign we know when our dissent from ation campaign is complete click. when you haven't read have to bring into anything america ever to marry in particular and people bull will be able to leave for this whole false false false period and quote how i hear it or know that and corp are broke how ironic i know that a friend of my bar would rather stare hunnicutt when he said federer in them i was there when he said it he immediately reported to the press so if you want the american people he immediately reported to the press so if you want the american people to be obedient and nobody only but the old man been cheated remediating and know only what the mainstream media wants you to hear within max blumenthal and arran matej and a lot of these you want you to hear within max blumenthal and arran matej and a lot of these young get invited into nobel martin norton who are forced yet more than standing up for their the sitting up thing for them at this and thing and it's thing and not and say only thing not try to do with only about you the truth about v

dissent with terrorism in one case a few years ago the f.b.i. raided the hold of peace activists across the midwest and undercover years ago the f.b.i. raided the hold of peace activists across the midwest an undercover agent had infiltrated the group but unfortunately failed to 5 or agent had infiltrated the group but unfortunately failed to find. any plans by the activist to carry out violence and so proceeded to come into any plans by the activist to carry out violence and so proceeded to come up with a plan herself god damn it it is so hard to these days up with a plan herself god damn it it is so hard to these days to find a good anti-war group that wants to commit mass violence to find a good anti-war group that wants to commit mass violence. it's almost as if they are opposed. it's almost as if. they were opposed to violence. i guess you got to feel bad for the f.b.i. trying to find vice to violence. i guess you've got to feel bad for the f.b.i. trying to find violent plots among peace activists it's like trying to find sex plots among pe

continues to target political dissent power structure the report notes the f.b.i. continues to target political dissent with a broad mandate little oversight and next to no transparency and with a broad mandate little oversight and next to no transparency that we have continues to routinely conflict lately to set a cent and with terrorism in what.

but the theory of the dissent was the soul of the complicity. it is every paycheck this woman receives reflects the discrimination so the 180 day clock should run from her most recent paycheck. i ended my dissent with the line " the ball is now in congress' court to correct the error and -- into which my colleagues have fallen." and then there was a groundswell for passage of the lilly ledbetter fair pay act. sides of the aisle, overwhelming support. and it was the first piece of obamaation that president signed when he took office, so congress listened and they confirmed what i thought they meant. >> i remember that so well. >> secretary clinton? >> i think probably the two things that mean the most to me is work that i did on the second term of bill's administration to help put together and pass the children's health insurance program. we have not been successful in obtaining universal health care coverage and i was trying to figure out what we could do to try to help some people, and particularly kids who we had documented were often uninsure

dissenters being criminal. dissent is being criminalized speech is being arrested just max blumenthal entertainer of the great life speech is being arrested just max blumenthal editor of the gray zone project and a leading investigative journalist increasingly questioning manges own project and a leading investigative journalist increasingly questioning mainstream media narratives and interrogating policymakers can get you banned free media narratives and interrogating policymakers can get you banned monetized and even the rest of. the monetized and even the rest. if these banks like j.p. morgan are. if these banks like j.p. morgan or deutsche bank are unable to settle trades because they don't have the cash to settle the tricks or bank are unable to settle trades because they don't have the cash to settle the trade then when the end of the quarter comes they're going to have to by law if they then when the end of the quarter comes they're going to have to by law if they if there is the rule of law anymore and

it seems to me on its face this is a criminalization of dissent. is a prolific journalist barry good one he knows this stuff he max blumenthal is a prolific journalist berry good one he knows this stuff he's had some great work venezuela on syria on russia gate and so many other topics had some great work venezuela on syria on russia gate and so many other topics it looks like they're coming for max go ahead ray. pics it looks like they're come in for max go ahead ray well 1st a very small correction peter you say we all know about max well 1st a very small correction peter you say we all know about max none of my fellow americans know about mel you got ahead of me where i want to go back on the my fellow americans know about mel you got ahead of me where i want to go after the news stream and then you go ahead you're right. the news stream and then you go ahead you're right. i live a back off here and just say well you know there's an expression the pen is live a back off here and just say well you know there's an expression the pen is mightier th

i've offered to include dissenting opinions alongside my interpretations, all the while aware the playingfield is uneven because i'm the author. ultimately all the editorial decisions of the book belong to me alone. the final analysis i made a number of tough choices based on my understanding of the standards of my discipline of history. that said, i want to urge everyone here and everyone who reads this book to seek out the wampanoag own tellings of that history and they are widely available all you have to do is google wampanoag and thanksgiving and lots of youtube videos will pop up. articles which wampanoag people have authored or in which they have been interviewed. many of those sources of information are cited in my endnote. so i didn't cover to consult those too. my hope is that wampanoag and other indigenous people will see an informed well-intentioned attempt to fulfill the indian call to take indian history seriously in the context of a greater american history. for generations americans have been telling themselves a patriotic story of the suppose it thanksgiving that treats c

army colonel on right to police dissent in the military is not what it once was. not surprising at all u.s. military veterans from all wars are very very concerned about the propensity of the united states to continue to use warmongering as a instrument of foreign policy and i myself was in afghanistan in december of 2001 as a diplomat while. people are in the military all of us and it starts dawning on them like oh this wasn't all it was cracked up to be it's up to us civilians to say to our government stop these wars of choice stop killing people around the world you know military officials of the higher end rank are always trying to put the best gloss on everything so that there won't be revolts among the troops as there were definitely and in vietnam we have more military contractors that are getting paid double and triple what our military are they're making lots of money off these wars . we don't have nearly as much dissent within the military as we did during the vietnam war when it was all volunteers. nigerian film lion has been banned from the oscars best

we don't have nearly as much dissent within the military as we did during the vietnam war when it was all volunteers. from other top stories from around the world now starting in chile where the countries into the 5th week of best in the status of rejecting a government plan to rewrite the constitution the pinochet era the legal system is widely blamed for the high level of inequality in the country and in the interior minister offer to redraft it and hold a referendum critics though say the proposed changes don't go far enough and will only help the ruling class. of in poland people across the country been celebrating independence day around $50000.00 people joined a march in mosul to follow the christian crosses red flags and national flags many also wore historical army uniforms independence day commemorates the restoration of the polish state in 1010. to catalonia activists have blocked a motorway linking spain and france the protest organized by the democratic synonymy. campaign group came a day after the spanish general election to learn he's been cripps by on rest since mid oct

so i want to know how to reconcile myself with my global history as a white southerner that being dissentedfrom those in slavers. >> in retrospect to have grandparents that were promoting racist ideas. that's a great question i will try to answer this in a careful way because it is impletely understandable that this is hard for us because my mom said don't take them down. i said why? that's where i would watch mardi w gras parade. that place reminded her of her childhood. anyway i didn't listen to myn mo mom. [laughter] she bought me the book she said i read it. you're my son i'm assuming it is true i said yes it is. she looked at me now you're lookingot at your mother she is older than you she raised you. but all of a sudden she became the child and i became the adult she said they never taught me that. they taught me columbus ddiscovered america. so what i am saying to you is to look at this issue on race from a different perspective. one of the problems of the lost cause it's one story based on foured years and it was only a small part of the story so i will tell you a quex joke so we li

china runs a massive surveillance state to control the flow of information to brutally punish dissent. we need not to have the motivation or their way or to match or exceed their commitmen commitment. a future where america leads the world that recognizes privacy rights and democratic values in the future where the military is smarter not just for lethal a dark cast to the future of ai. president kennedy said in his famous speech dedicated to the space race it has no conscience of its own that depends on man only a occupies the space of preeminence can we decide if it is peace or a terrifying theater of war that is almost an exact analogy 50 years later. so as we await your final report i have been thinking how congress can ensure america leads the way in ai and i will share some ideas with you. we need as much talent as possible to keep our competitive edge in ai. that is one reason we need some kind of comprehensive immigration reform. i will not say where but i was at leading cutting-edge group 220 scientists there that were born in america and our immigration laws restricting peop

has long been criticized for silencing dissent human rights watch has described the killing rape and intimidation of political opponents under the presidential election set for next year or india's again coming under scrutiny opposition groups say the governing party is attacking them and creating a climate of fear but the government rejects those allegations and insists the vote will be free and fair or bring in our guests in a moment but 1st this report from catherine sawyer. protected by women a quarter you can to cross memories of what happened 4 years ago remain true for this man he tells us his young son was shot by police while on his way to buy bread . 4 riots started in 215 when president. grant school and one of the tom that he's opponent said was unconstitutional street protests a field cool vigilante like attacks and assassinations threatened to tear the country apart another election is do next year and the be relieved father says people are still being intimidated by security forces and members of the ruling party youth we call him born in a. numb way and talking to you

of police information, so the court system has been used by the government to try and clampdown on dissentits judgements in accordance with the law, some go the government's way, some, as yesterday, when the court overturned the government's facemask man, do not go the government's way, and china does not like that this and china does not like that this and wants to put an end to that trend. i thank you for updating us around some of those legal issues surrounding the protest. britain's prince andrew is facing more pressure following his interview with the bbc when he was questioned about his friendship with the convicted sex offender jeffrey epstein, who died earlier this year. a majorfirm has pulled out of a project involving the prince, and victims of mr epstein have asked him to help the us authorities with their inquiries. the prince has consistently denied allegations about his own conduct. 0ur royal correspondent nicholas witchell‘s report contains flashing images. in los angeles tonight, a lawyer for some of jeffrey epstein‘s alleged victims and a young woman who says she was raped

china runs a massive surveillance state to control the flow of information to brutally punish dissent. we need not to have the motivation or their way or to match or exceed their commitmen commitment. a future where america leads the world that recognizes privacy rights and democratic values in the future where the military is smarter not just for lethal a dark cast to the future of ai. president kennedy said in his famous speech dedicated to the space race it has no conscience of its own that depends on man only a occupies the space of preeminence can we decide if it is peace or a terrifying theater of war that is almost an exact analogy 50 years later. so as we await your final report i have been thinking how congress can ensure america leads the way in ai and i will share some ideas with you. we need as much talent as possible to keep our competitive edge in ai. that is one reason we need some kind of comprehensive immigration reform. i will not say where but i was at leading cutting-edge group 220 scientists there that were born in america and our immigration laws restricting peop

all of these were the cattle keep fallout -- cattle cave oflout from the dissent 1869. we have a few more mentions of our women who were important, and here we have a great thing where her friends were so worried. she is in the west caught in the suffrage act, and she writes about it. she says some of my friends are eastern girls, so judge women's suffrage by the english suffrage reports and think any woman who votes must be stressful while a woman who holds office must be a portly beyond hope. i told them about a friend of mine who had recently be in -- been elected to county office and assured them she was nice, modest, and womanly as many of them and probably much shyer. they assured me you could not possibly stay so. you would undoubtedly become bold and mannish in a short time. when we leave this hallway, we are going to go out into the foyer and into the salon, which has been set up as a defensive suffrage. me. with we are going to go into the drawing room or withdrawing room in the victorian age where they withdrew for special events. ofare showcasing a defense t

if there had been 80 dissenters, he was one that was expected. that split vote -- had been any dissenters, he was one that was expected. that split vote coming as a surprise. i am just taking a look at some of these headlines here. in terms of cutting the inflation and growth forecast, that was expected for both 2020 and 2021. it really is that split vote that has come as a surprise because all of the economists surveyed by bloomberg did expect a unanimous vote 9-0 for rates on hold today, but with increasing risk on brexit and entrenched uncertainty, as the bank of england called it, that seems to have a dovish tilt here. you have hsbc and bank of america merrill lynch saying they like the front end of the gilt curve, rather than seeing to cuts in 2020. ubs putting on some tilts as well. we seen a selloff in gilts today driven by the global bond selloff. it will be interesting to see if that turns around. alix: the long end of the curve is paring some of those losses. they had been up by about six. the front end actually slipping into positive t