Rights You Didn't Know You Had (and Probably Don't Want)

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- We tend to think of laws as restrictions, things that you can't do or things that you're forced to do against your will, clean up your room, stand up straight, pick up your feet, take it like a man, be nice to your sister, don't mix beer and wine ever. And oh yeah. - Don't drive on the railroad track. - Oh, Phil, that's one I happen to agree with. - But did you know that sometimes the law can actually lift these restrictions and give you freedoms to do things you wouldn't otherwise be able to do. Yes, sometimes the law can give you rights that you don't even know about. Not that you'd necessarily want to use some of these rights, but still, let's talk about some of those rights that you didn't know you had. (playful upbeat music) Sponsored by CuriosityStream and Nebula. Now warning, restrictions may apply. Please see your doctor before attempting any of these freedoms, and more importantly, please consult with your attorney. So let's kick things off with a woman's right to go topless. In 2015, the Fort Collins City Council enacted a public nudity ordinance, banning women from removing their shirts in public. I'm not gonna read the whole statute, you can do that yourselves, but obviously the law bans women from doing something men are legally allowed to do. A women's group sued the city, arguing that a female-only topless ban violated the Equal Protection Clause. How did the city defend the band? Well, for starters, it argued that men and women's chests were totally different, which also means women, quote, "Have a hallowed sexual status in Western culture." The city tried hard to make it sound as if this reasoning was based on something other than the stereotypes, but this did not go over particularly well. For a gender-based classification to survive a legal challenge, the government needs to show, quote, "An exceedingly persuasive justification", that the classification is necessary. That classification must serve, quote, "an important governmental objective", through means, quote, "Substantially related to achieving those objectives." What objectives did the ban serve? Well, Fort Colin said it served two main purposes. First, the city's ban would protect children from seeing a female breast, because obviously that's not the defining characteristic of a mammal and mammalian children never see a female breast in their entire lives. And second, it would prevent general lawlessness, especially traffic problems that may occur when people see a topless woman in public. Ah, yes, men can't control themselves, so let's limit what women can do. The court made quick work of the city's reasoning. Although other courts have decided this differently, the 10th Circuit thought this was bunk and that women's rights were being violated. Fort Collins spent $300,000 on this case and they decided to throw in the towel rather than appealing it to the Supreme Court. So if you live in Utah, Colorado, Wyoming, New Mexico, Kansas, and Oklahoma, you can take your shirt off outside, no matter who you are. The right to get married by proxy. Most people are familiar with the process for getting hitched. Get a marriage license, have a ceremony, file the completed license with the state, discover irreconcilable differences, hire a lawyer, exact your revenge, wish you were dead, get divorced, and repeat. Ha (laughs) But did he know it's possible to get married without showing up for the wedding itself? Well, if you're overseas in the military or just have something better to do that day, someone else can actually stand in for you in many different states. This is known as a proxy marriage because someone stands in for the other party to take the vows. To do this, you need to authorize your agent to get married on your behalf. Now, most states allow a proxy marriage, where one person can't be present, but in Montana a wedding can take place without either party being present. This is what's called a double proxy marriage. Now to qualify for a double proxy wedding in Montana, at least one party must be on active duty in the military or a resident of Montana at the time of the application for the license. Why would someone want to do this, you ask? Other than the obvious reason that you actually love this person? Well cold, hard cash, obviously. For service members, marriage can be a great financial arrangement. The army will actually increase your pay by at least $1,200 a month once you're married. Now, the Montana Marriage Law was first passed in the 1860s, when men poured into the area to work in the mines. The miners didn't have the time or the money to travel home to get their fiances, so the state passed a law allowing ceremonies to take place without either person being present. Proxy marriage isn't just for the military though, some states allow prisoners to get married through a proxy. In 1987, the Supreme Court case, known as Turner vs Safley, granted prisoners the constitutional right to marry. However, the right to marry is also subject to reasonable prison regulations, as long as the regulations are, quote, "Reasonably related to legitimate penological interests." Get your mind out of the gutter. - Ah, come on, we're all just trying to have a good time. - This means prisons can do all sorts of things to delay or prevent marriages. In 2013, Texas simply outlawed proxy marriages, including for inmates. Their main concern was that people were marrying just to convey benefits. And that kind of fraudulent arrangement was featured on the popular reality show, "Love After Lockup", where a doofus named Vince was going to marry ex-inmate, Amber, and adopt her girlfriend, Puppy, as some sort of insurance and pension scheme. - I'm a bold mother (beep). - Though three years later the state reversed itself after advocates pointed out that the law was in direct conflict with Turner vs Safley. The right to an annulment if you get married on a dare. So you have the right to get married without being present at the ceremony, fantastic, but what if your best friend double dog dares you to get married to that hose beast over there, and like Marty McFly, you follow through on the dare, then you sober up, look at your bride or groom next to you, and say, "Oh no, I got married because someone dared me to"? You know, that old chestnut. (bell chiming) - Got it a week after we started dating. - Well relax, because if you live in Delaware or Colorado, getting married on a dare is grounds for an annulment. And unlike divorce, an annulment treats the marriage as if it never existed. Annulments are usually only available if there was fraud, or coercion, or illegality at the time of the marriage, but Delaware and Colorado include a, got married as a sort of joke, as a ground for annulment. The relevant law in Delaware is 13 Delaware Code Section 1506, which includes this as a justification for annulment, "One or both parties entered into the marriage as a jest or dare." Now of course the state requires some proof of the jest or dare, and the petition for divorce or annulment form asks you to describe how and when you learned of the jest or dare. So if you are married for decades with several children, don't expect the court to just rubber stamp your claim that you got married on a dare and it should be nullified. The right to get away with murder in Yellowstone National Park. Now, speaking of marriage, let's talk about murder. Have you ever (laughs) (beep). Have you ever fantasized about committing the perfect crime? Well, Michigan State law professor, Brian Kalt, certainly has. He wrote a law review article explaining how you could get away with murder in Yellowstone National Park. Kalt grounds his argument in the plain meaning of the constitution. Although Yellowstone is mostly located in Wyoming, about 9% of the park is actually located in Montana, and an even smaller portion, about 50 square miles, is located in Idaho. Yellowstone was established in 1872, long before these states were added to the Union. And when the states were admitted, each seated over exclusive jurisdiction of its portion of Yellowstone to the federal government. And both Article I, Section 8 and federal law give the Federal Government exclusive jurisdiction over Yellowstone National Park and state law doesn't apply there. Later, when Congress created the Federal District Court for Wyoming, it placed the entire park under that jurisdiction. That means that things that happen in Montana and Idaho, on park lands, are within the Wyoming District Court's jurisdiction. However, Article III, Section II of the Constitution requires that the "Trial be held in the state in which the crime was committed." This sets up the legal basis for getting away with murder if you commit a crime in Yellowstone National Park in Idaho. And moreover, the 6th Amendment requires the, "Impartial jury of the state and district wherein the crime shall have been committed." So theoretically, the only people available for the jury must live in the Idaho section of Yellowstone National Park. The thing is, no one lives on the 50 square miles of federal land that make up this zone in Idaho. So you can see how small that zone is on the map. And since no humans lived there, only these Idaho otters can judge you. And this is why that area has been nicknamed, the zone of death. The Wyoming Federal Court has jurisdiction, but if you want to go to trial, the Wyoming Court simply doesn't have jurisdiction. And although Kalt tried to get Congress to fix this loophole, they haven't done anything, shocker, and that loophole still exists. So if you want to visit the Idaho portion of Yellowstone National Park, Idaho is just dying to meet you. - Ka-kaa. - The right to run for Governor of Kansas as a teen, dog, or resident of another state. In Kansas, almost anyone can be governor. In Kansas, you can run for governor before you're even eligible to vote. The state has absolutely no qualifications for governatorial candidates. In 2018, seven teenagers, all boys, ran for Kansas Governor. The Director of Elections at the Kansas Secretary State's Office said, "There's seriously nothing on the books that lays out anything, no age, no residency, no experience. Nothing." This was confirmed by Ballotpedia, the website which tracks all things related to state and federal offices. Ballotpedia concludes that, "Kansas' Constitution does not set out requirements for office." Cool, that means that even a baby could run for governor. Someone alert Alec Baldwin about a possible extension of the "Boss Baby" cinematic universe. - I may look like a baby, but I was born all grown up. - This is amazing for many reasons, including the fact former Kansas Secretary of State, Kris Kobach, has spent the last five years stoking fears about mass voter fraud and championing extremely restrictive voter ID. - If it's not on the list, it doesn't exist. - In fact, Kobach briefly ran President Trump's election commission, which was supposed to prove that President Trump actually won the popular vote in 2016. The commission disbanded after he found no evidence of voter fraud. Kobach wanted it to be harder to vote, and he proposed a federal law requiring people to have proof of American citizenship when they showed up at the polls. But during his time as Secretary of State, he never made any recommendations about the state's non-existent requirements to run for governor. Kansas legislators immediately started discussing ways to clarify the law, but nothing stopped the election with the teens from moving forward. And there's also no residency requirements, so candidates from Vermont and New York threw their hats into the ring as well. It's not even clear that a person has to be human to qualify for Kansas Governor. The Director of Elections said that although no dog has ever attempted to run, there's no law specifically stating that a candidate has to be human. So Stella, the Legal Beagle, will be filing her paperwork for 2022. The right to write on us currency. Speaking of good or bad government, let's talk about the U S treasury, specifically money. Have you ever felt like writing on money, but worried about that pesky thing called a felony? Well, don't fret, because you've got a right to deface US currency. The common belief that you can't write on or mark our bills is actually a misinterpretation of the United States Code, Title 18, Part I, Chapter 17, Section 333, which states, "Whoever mutilates, cuts, defaces, disfigures, or perforates, or unites or cements together, or does any other thing to any bank bill, draft, note, or other evidence of debt issued by any national banking association, or Federal Reserve Bank, or the Federal Reserve System, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued, shall be fined under this title or imprisoned by not more than six months, or both." (laughs) I did it. This crime boils down to intent. Did you intend to render the bill unfit to be reissued? If not, then no harm, no foul. It's not as if every time a bill has markings on it it's removed from circulation. So feel free to draw a beard on Alexander Hamilton. It may be dumb, but you can still spend that $100 dollar bill y'all. ♪ Uh-oh, I got $100 bill y'all. ♪ When is a bill unfit? If it's torn, dirty, limp, worn, or defaced. According to the Federal Reserve, a bill is unfit if it has excessive holes, tears, tape, or excessive graffiti. So a black eye on George Washington is probably okay, but a torn in half bill is probably not, not that there's any reason why you should be tearing up your own money. Money's better when you can spend it, #NotLegalAdvice, #CommonSense. The right to give your children alcohol. Philosopher, William Smith, famously observed that. - Parents just don't understand. - But just because Carlton, Aunt Viv, and Uncle Phil were square, doesn't mean that all parents are narcs. Massachusetts parents will absolutely fight for your right to party. - Chug, chug it, chug it, chug it, chug it, chug it. - That's why the legal drinking age in Massachusetts is 21, and it's illegal to provide alcohol to minors, unless they are your children or grandchildren. - Please excuse my parents' behavior, they ate a lot of paint chips growing up. - The Commonwealth Social Host Law makes it illegal to buy alcohol or host parties where underage people drink. However, there is an exception for the host children and grandchildren who may be served booze on the host's private property. And there's no age limit here, so if you wanna give your toddler scotch, knock yourself out. Again, don't actually do that, #NotLegalAdvice But this isn't quite as crazy as it sounds on its face. Some experts who advise state legislatures on responsible drinking say that prohibition just doesn't work and kids need to learn the right habits from their parents. Drinking alcohol with parents, quote, "May help teach them responsible drinking habits or extinguish some of the novelty or excitement of drinking." That's according to Dr. Kristi Long Foley, at the School of Medicine at Wake Forest University. And Massachusetts is far from alone in permitting parents to make this decision. Other states let underage people drink too, like Alaska, California, Colorado, Delaware, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Mississippi, Missouri, Montana, New Hampshire, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, Virginia, Washington, and Wyoming. Plus, in some places, people can get married before the legal drinking age. So 12 states say that you can drink with your spouse if you are under the age of 21. But when it comes to drinking, there's something special about Massachusetts. It is, not surprisingly, illegal to give someone alcohol or drugs if they're in a hospital suffering from an alcohol or drug related problem, unless the physician says it's okay. Because in Boston, doctors know that the best cure for a hangover is the hair of the dog that bit you. I know there's a Red Sox joke in there somewhere. But since I'm not John Krasinski, despite what you read in the comments, I can confirm that the Red Sox are the worst, just the worst. But you have the right to love them, and the right to be wrong. But if you're a rational person who enjoys exercising their head, as well as their freedoms, I explain one more extremely timely right you didn't know you had over on Nebula. If you create a website, or a platform, or both, you still maintain the right to kick people out if you don't agree with what they're saying. I posted a whole extended version of this video. In fact, almost all of my videos have an ad-free extended version on Nebula, and now you can get a huge discount. Because sometimes even legal issues are too hot for YouTube because YouTube algorithm can be quite capricious, which is why my creative friends and I teamed up to build our own platform where creators don't need to worry about demonetization or the dreaded algorithm. It's called Nebula, and we're thrilled to be partnering with CuriosityStream. Nebula is a place where creators can do what they do best, create. It's a place where we can both house our content ad free, and also experiment with original content and new series that probably wouldn't work on YouTube. And not only are my Nebula versions ad free and extended, but they're also released early before the YouTube version. Nebula features lots of YouTube's top educational ish creators, like "Extra Credits", Rene Richie, and Mary Spender. And we also get to collaborate in ways that probably wouldn't work on YouTube, and put out amazing original content, like "Half as Interesting" courtroom drama, where I play a fictional lawyer. Alex Nichols' show, "Alex Goes Bananas", where I a real life lawyer. And Lindsay Ellis' documentary about "Blazing Saddles", in which I took no part. So what does this all have to do with CuriosityStream? Well, as the go-to source for the best documentaries on the internet, they love educational content and educational creators. And we worked out a deal where if you sign up for CuriosityStream with the link in the description, you'll also get a Nebula subscription for free. And to be clear, that subscription is not a trial, it's free for as long as you're a CuriosityStream member. And for a few more days, CuriosityStream is offering a whopping 41% off of their annual plans. That's less than $12 per year for both CuriosityStream and Nebula. And after that, you'll get 26% off, which is still a smoking hot deal, for both CuriosityStream and Nebula. So click on the link in the description to get both CuriosityStream and Nebula for a huge discount. Or you can go to CuriosityStream.com/LegalEagle. It's a great way to support this channel and educational content directly. So just click on the link in the description or go to CuriosityStream.com/LegalEagle. Plus, clicking on that link really helps out this channel. So do you agree with my analysis? Leave your objections in the comments and check out this playlist with all my other "Real Lawyer Reacts", and all of my other interesting videos about the law. I don't know, click on this playlist and I'll see you in court.
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Channel: LegalEagle
Views: 1,201,749
Rating: 4.8853555 out of 5
Keywords: Legaleagle, legal eagle, breaking news, case, congress, court case, crime, guilty, jury, latest news, news, not guilty, political, politics, politics news, scotus, supreme court, the trial, trial, Verdict, copyright, law advice, legal analysis, lawyer, attorney, Real lawyer, Real law review
Id: pZbN1x_wgq8
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Length: 16min 1sec (961 seconds)
Published: Fri Jan 29 2021
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