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Who made that claim in the Lemon's case?It shows that the courts are very skeptical of claims that journalists do not have to follow the law in being journalists.
MOO
Who made that claim in the Lemon's case?It shows that the courts are very skeptical of claims that journalists do not have to follow the law in being journalists.
MOO
Isn't that what his defense is going to be? No question he was trespassing. No question he was disrupting the church service intentionally. He is claiming, "Well, I'm a journalist, so ....."Who made that claim in the Lemon's case?
Attorneys don't necessarily take a case because they favor a defendant's position, but often for other reasons. This guy likely would enjoy a case that pits him against his former employer as he resigned because he didn't want to work with them. Also, his newly-established business could use the publicity of a high profile case, I am sure.So we can count that as another expert attorney who favors Lemon's position.
That's a good point. Often government employees use up some, or all, of their vacation days when they leave a position and so the actual resignation date is a few weeks or even a month or more beyond their departure date. This is common for senior government officials in my experience. The "resigned date" is not necessarily the "resignation effective date" of termination of the position.It may be and it may no be. That is why I'm asking the question.
He many have not been there, but 5-6 days is not a big gap.
MOO.
That may be how it works in the private sector in many cases, but this is federal employment and things don't work the same way. A senior employee often has accumulated up to six months of vacation, lots of sick days (could be up to 3 years in some cases), etc. He could have cashed out on all of this in a lump sum, or he could have taken a few weeks to transition into another health care plan, etc. after losing his federal government benefits. It can vary tremendously among senior employees, all from my experience. It is in no way similar to the private sector, there are all kinds of termination agreements. We don't know the details of his. I doubt his last day in the office was the effective termination date, even if his office was physically vacated immediately.They may be paid for two weeks after, but their resignation is effective immediately.
The employer doesn't want a disagreeing worker in their midst. Pay them out, let them go.
Isn't that what his defense is going to be? No question he was trespassing. No question he was disrupting the church service intentionally. He is claiming, "Well, I'm a journalist, so ....."
I agree, the prosecution will know if there is a conflict of interest.It won't be up to me. but up to the prosecution. It is a question of timing and involvement.
IMO
Oh, no.Isn't that what his defense is going to be? No question he was trespassing. No question he was disrupting the church service intentionally. He is claiming, "Well, I'm a journalist, so ....."
It's not up to the prosecution. They are a side.I agree, the prosecution will know if there is a conflict of interest.
It shows that the courts are very skeptical of claims that journalists do not have to follow the law in being journalists.
MOO