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Can opinion/fact problem find a legal solution?

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trwthlark

Active Member
What is the name of your state? What is the name of your state? What is the name of your state? New York

I'm reading in ``The Fact/Opinion Distinction: An Analysis of the Subjectivity of Language and Law'' by Michaele Sanders that the US Supreme Court has concluded that:

``Under the Fist Amendment there is no such thing as a false idea''

Sanders' article, however, states that although ``Most statements are an inseparable mixture of fact and opinion'', ``The concepts of fact and opinion are subject to rigid categorization only in most extreme situations''. Moreover, the US Supreme court states that ``… there is no constitutional value in false statements of fact. Neither the intentional lie nor the careless error materially advance society's interest in `uninhibited, robust, and wide-open' debate on public issues''.

Therefore, it appears, that the statement that ``Under the First Amendment there is no such thing as a false idea'' is a subject of qualification in extreme situations and that gives a glimmer of hope that truth can prevail, especially when it comes to substantial issues of public interest.

My question is, how is this to be accomplished in purely practical terms? Can an individual himself, without an attorney, appear directly before the US Supreme Court as his own counsel and request that the US Supreme Court rule as to whether an issue comprising an extreme opinion/fact situation of major national interest is his opinion or is it an objective fact?

Thanks a lot for your help.
 


trwthlark

Active Member
Obviously, the question is not a class assignment because it seeks advice about legal actions concerning the US Supreme Court in practical terms. Was the locked question connected with legal actions concerning the US Supreme Court, let alone practical such actions? Besides, I am asking advice regarding that action concerning the US Supreme Court and am not asking for an analysis of the question itself. If you cannot contribute to clarifying the problem regarding the question at hand I would kindly ask you to refrain from bringing up other issues, especially unrelated such.
 

Just Blue

Senior Member
Obviously, the question is not a class assignment because it seeks advice about legal actions concerning the US Supreme Court in practical terms. Was the locked question connected with legal actions concerning the US Supreme Court, let alone practical such actions? Besides, I am asking advice regarding that action concerning the US Supreme Court and am not asking for an analysis of the question itself. If you cannot contribute to clarifying the problem regarding the question at hand I would kindly ask you to refrain from bringing up other issues, especially unrelated such.
I suggest you watch your "tone" when speaking to the volunteers of this site if you wish to have your question(s) answered.
 

quincy

Senior Member
What is the name of your state? New York
... My question is: Can an individual himself, without an attorney, appear directly before the US Supreme Court as his own counsel and request that the US Supreme Court rule as to whether an issue comprising an extreme opinion/fact situation of major national interest is his opinion or is it an objective fact? ..,
So ... this has nothing to do with Lorentz transformations, huh? Okay.

The answer to your question is "no."
 

trwthlark

Active Member
So ... this has nothing to do with Lorentz transformations, huh? Okay.

The answer to your question is "no."
Thanks. I got that: [link removed]

Can the issue be brought up directly to the US Supreme Court or it must first go through lower courts?
 

quincy

Senior Member
So, what's your suggestion?
Speak to an attorney in your area? The attorney can tell you if your issue of "major national interest" is also an issue of major legal interest.

You could also bring your concern to the public by contacting an interested media outlet. You might try FOX.
 

trwthlark

Active Member
Speak to an attorney in your area? The attorney can tell you if your issue of "major national interest" is also an issue of major legal interest.

You could also bring your concern to the public by contacting an interested media outlet. You might try FOX.
I've tried both to no avail. What do I do?
 

trwthlark

Active Member
I have no idea. Perhaps there is not as much national interest in your issue as you thought.
While one may understand why an attorney may not take up such case (that's why I asked in my OP about per se), the magnitude of the imagined issue's importance with regard to the national interest cannot even be determined independently through referring it to a media outlet. There is no way to reach anyone to even talk to.
 
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