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Thread: Judge: OWS Protesters Wrongfully Arrested On Brooklyn Bridge

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    Re: Judge: OWS Protesters Wrongfully Arrested On Brooklyn Bridge

    Quote Originally Posted by jambalaya View Post
    What does any of that have to do with keeping off the road? There are plenty of things you cannot do while you are also exercising free speech.
    The fact that it's their Constitutional right to protest. It's not a difficult concept to grasp.
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

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    Re: Judge: OWS Protesters Wrongfully Arrested On Brooklyn Bridge

    Quote Originally Posted by clownboy View Post
    If you want to see it that way, yes. You can't claim freedom of speech when yelling, "Fire!" in a crowded theater either. Oh my, all your rights are gone!
    You do realize that argument was devised to support the unconstitutional Alien and Sedition acts that allowed imprisonment of people who spoke out against the US Government, right?
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

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    Re: Judge: OWS Protesters Wrongfully Arrested On Brooklyn Bridge

    Quote Originally Posted by Lokiate View Post
    You do realize that argument was devised to support the unconstitutional Alien and Sedition acts that allowed imprisonment of people who spoke out against the US Government, right?
    Actually, it's a paraphase from Justice Holmes in a decision upholding the Espionage Act.

    Schenck v. United States, 249 U.S. 47 (1919), was a United States Supreme Court decision that upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to express freedom of speech against the draft during World War I. Ultimately, the case established the "clear and present danger" test, which lasted until 1969 when protection for speech was raised in Brandenburg v. Ohio to "Imminent lawless action".

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    Another of my favorite pearls of wisdom from the court: Your right to swing your fist ends at my nose.

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    Re: Judge: OWS Protesters Wrongfully Arrested On Brooklyn Bridge

    Quote Originally Posted by Lokiate View Post
    The fact that it's their Constitutional right to protest. It's not a difficult concept to grasp.
    Except that's a bit of a reframe. The right is to peacefully assemble. Now, unless you are going to assert that common traffic law should be overturned because it hinders the right to free speech or assemblage, it's a law you have to follow to get to the peaceful assembly right.

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    Re: Judge: OWS Protesters Wrongfully Arrested On Brooklyn Bridge

    Quote Originally Posted by clownboy View Post
    Except that's a bit of a reframe. The right is to peacefully assemble. Now, unless you are going to assert that common traffic law should be overturned because it hinders the right to free speech or assemblage, it's a law you have to follow to get to the peaceful assembly right.
    If its unconstitutional to have free speech zones the why is it it constitutional to have gun control isn't that a violation of my second amendment rights? Do we not have an incorporated constitution.

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    Re: Judge: OWS Protesters Wrongfully Arrested On Brooklyn Bridge

    Quote Originally Posted by TheDemSocialist View Post
    This is just a small victory. Maybe the NYPD were just out to knock those "Un-American hippie heads"? Who knows. But just a small victory.

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    A drop of water in a bucket of vinegar. Many of the OWS were arrested for actually breaking the law.

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    Re: Judge: OWS Protesters Wrongfully Arrested On Brooklyn Bridge

    Quote Originally Posted by clownboy View Post
    Except that's a bit of a reframe. The right is to peacefully assemble. Now, unless you are going to assert that common traffic law should be overturned because it hinders the right to free speech or assemblage, it's a law you have to follow to get to the peaceful assembly right.
    That's not how it works at all. Nobody has "get to" anything to exercise their Constitutionally granted rights, the Constitution has already granted it in the Bill of Rights.
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

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    Re: Judge: OWS Protesters Wrongfully Arrested On Brooklyn Bridge

    Quote Originally Posted by Lokiate View Post
    That's not how it works at all. Nobody has "get to" anything to exercise their Constitutionally granted rights, the Constitution has already granted it in the Bill of Rights.
    Yes, they do. NONE of the rights listed in the BOR are absolute. Especially when their exercise interferes with the rights of others or the public safety. The SCOTUS has, through the centuries, confirmed this time and again.

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    Re: Judge: OWS Protesters Wrongfully Arrested On Brooklyn Bridge

    Quote Originally Posted by clownboy View Post
    Yes, they do. NONE of the rights listed in the BOR are absolute. Especially when their exercise interferes with the rights of others or the public safety. The SCOTUS has, through the centuries, confirmed this time and again.
    You must be high. You're justifying violation of the Constitution to satisfy your point of view, and that's not how it works, either. The federal courts have already ruled against these police officers, so the courts are obviously disagreeing with you in this case.
    I love the NSA. It's like having a secret fan-base you will never see, but they're there, watching everything you write and it makes me feel all warm and fuzzy inside knowing that I may be some person's only form of unconstitutional entertainment one night.

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    Re: Judge: OWS Protesters Wrongfully Arrested On Brooklyn Bridge

    Quote Originally Posted by Lokiate View Post
    You must be high. You're justifying violation of the Constitution to satisfy your point of view, and that's not how it works, either. The federal courts have already ruled against these police officers, so the courts are obviously disagreeing with you in this case.
    Okay, then answer YoungConserv's question. Or just inform us which of the rights listed in the Constitution is absolute and not set aside/altered for public safety and the abridging of the rights of others.

    This is one lower court decision by a liberal court. I don't see it getting to the SCOTUS, but the decision does not comport with previous SCOTUS decisions regarding individual constitutional rights vs public safety laws.

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