I got tired of reading some of the replies.
But will someone please actually explain to me how their right to "free speech" was violated. Robert???? any other of you constitutional scholars??
So if a cop pulls me over and I am delayed to a speaking engagement my free speech has been violated.
If I get my ass kicked for saying, "FuzzNJ is just the nanny high jacking his wife's computer". My first amendment rights have somehow been violated?
When my car got towed in FCucking OKC, was my free speech violated? Oh Jesus Christ, I better get a lawer and sue the stupid redneck laundry mat attendant that thought I was from Texas (rental car plate), and had my stuff towed. Did I mention that I think OKC is the most miserable city I have ever had an extended stay in..... twice.
Really, sometimes I think I am surrounded by idiots.
gringococolo wrote:
I am not a Constitutional scholar, but I have studied the Constitution in law school and took an advance course on freedom of speech. There are some very good, accurate and well written Wikipedea articles you can read about this stuff. There is also a lot out there on the Internet that discusses the First Amendment in less technical legal terms than the SCOTUS does.
Any how, you really need need to read the entire opinion from the SCOTUS website or Internet. Just automatically skip the citations so that it reads and flows better. That is the Constitutional Opinion and it explains the SCOTUS' full reasoning, based in part on stare decisis. If the are Dissents or Concurrences, read them too. Agree or disagree with it, is the ultimate law of that case.
Here are some "legal explanations":
As to the cop: No. Not if the cop pulled you over for a legitimate traffic infraction and was not targeting you specifically in order to prevent you from being able to speak publicly, as planned. On the other hand, if the stop would not have otherwise occurred or was made for the purpose of delaying you or preventing you from speaking, the stop is "pretextual" and the Fourth Amendment becomes a part of the mix. Your First Amendment rights would likely have been violated.
As to getting your ass kicked: No, if it were Fuzz or any other private citizen who kicked your ass. Yes , if it was some governmental employee acting within the scope of his/her employment ("color of law"), or such a governmental employee condoned it or prevented the cops from responding promptly to protect you. Interestingly, this probably could dovetail into another freedom of speech issue known as the "chilling effect".
OKC: WTF does this have to do with the First Amendment?
No decent, sane American wants these people to communicate their particular message. But, from a strictly legal perspective- their message is fully within their (and our) rights t express, particularly if they express it within the boundaries of the law (parade permits, particular distances from funerals, etc.).
