Defending People

the tao of criminal defense trial lawyering

The Fourteenth Amendment Right to Sex Toys

Mark Bennett | 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 [...]

Lawyers Appreciate . . . The U.S. Constitution

Mark Bennett | 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 leave the [...]