it seems that you agree with me on at least one essential point........
P. Briscoe (Non running-dog anti-imperial anti-Bush unapologist name-changer; 13523)
Posted on: 04-16-2008 05:20.
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... that our Bill of Rights has held up remarkably well over time, thanks to checks and balances. The legislative and judicial branches have done their jobs, and the executive branch (which controls the NPP by the way) cannot establish a police state and put people in jail for their political or religious views.
There is an established litmus test for what is considered protected speech. Fighting words aren't protected, nor is speech that would present a "clear and present danger." You can't raise a false fire alarm in a crowded theater.
Additionally, time, place and manner restrictions can be applied, if they pass the "rational basis" test.
This is probably the concern that you, Paul and others share--that a Federal monument is not the place for this type of speech.
However, I doubt even the most conservative court would uphold any law banning or restricting protected speech at federal monuments....
That's why there were no charges. Because there is no law prohibiting dancing with headphones at the Jefferson Memorial. In fact, there's not even a rational basis for restricting such activity based upon time, manner or place...
There was no law in 1963 prohibiting MLK from making his speech in front of the Lincoln Memorial, either.
You say you love freedom. Where do the jack-boot squads fit into this freedom-loving philosophy? You mention that there wouldn't even be a video on youtube if we were in a totalitarian society, yet you also say that the police "should have night sticked the dickhead with the camera."
Since you seem incapable of expressing yourself clearly, let me help you by summarizing your position:
"Those people are idiots because I disagree with what they're saying.
They ought to be beaten. Fucking douchebags. Why do they hate freedom?"
You have the absolute right under the 1st Amendment to hold and express this opinion. In fact, I bet there's at last one Libertarian at the Jefferson Memorial who would gladly go to jail to keep the government from taking that right away.
BTW, your "10 men surrounding a woman" example doesn't apply here...It's not speech at all, but even if it was, it could never be protected speech because it would fail the "clear and present danger" test. It's also pure urban myth that the woman would be charged with assault if she tried to push her way out of the circle of men who were preventing her from her exercising her fundamental right to liberty.
Now go home and get your shine box. My jack-boots are a bit dull..
Edited by P. Briscoe at 4/16/2008 5:44:10 AM
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