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Tag Archives: First Amendment

HB 826: the gentleman doth protest too much, methinks

03 Friday Feb 2017

Posted by Michael Bersin in Missouri General Assembly, Missouri House, Resist

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#resist, First Amendment, General Assembly, HB 826, missouri, Nick Marshall, protest

A bill, filed yesterday:

HB 826  
Creates the offense of unlawful traffic interference
Sponsor: Marshall, Nick (013)
Proposed Effective Date: 8/28/2017
LR Number: 1669H.01I
Last Action: 02/02/2017 – Introduced and Read First Time (H)
Bill String: HB 826
Next Hearing: Hearing not scheduled
Calendar: HOUSE BILLS FOR SECOND READING
[….]

Representative Nick Marshall (r) appears to have a lot of anxious bees in his bonnet this legislative session.

The bill text:

FIRST REGULAR SESSION
HOUSE BILL NO. 826 [pdf]
99TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE MARSHALL.
1669H.01I D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To amend chapter 574, RSMo, by adding thereto one new section relating to the offense of unlawful traffic interference, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 574, RSMo, is amended by adding thereto one new section, to be known as section 574.025, to read as follows:
574.025. 1. As used in the section, the following terms shall mean:
(1) “Interstate highway”, a state highway included in the national system of interstate highways located within the boundaries of Missouri, as officially designated or as may be hereafter designated by the state highways and transportation commission with the approval of the Secretary of Transportation, under Title 23, U.S.C., as amended;
(2) “Unlawful assembly”, two or more persons who meet for the purpose of violating any of the criminal laws of this state or of the United States.
2. A person commits the offense of unlawful traffic interference if, with intention to impede vehicular traffic, he or she walks, stands, sits, lies, or places an object in such a manner as to block passage by a vehicle on any public street or highway or interstate highway.
3. The offense of unlawful traffic interference on a public street or highway, except an interstate highway, is a class A misdemeanor for the first violation. Any second or subsequent violation that occurs on a public street or highway, except an interstate highway, is a class E felony.
4. Any person who commits the offense of unlawful traffic interference on an interstate highway shall be guilty of a class E felony.
5. Any person who commits the offense of unlawful traffic interference on any public street or highway or an interstate highway while acting as part of an unlawful assembly shall be guilty of a class D felony.

[emphasis in original]

Dude, if people are protesting in the streets there are a lot bigger problems than impeding vehicular traffic.

See you in the streets.

The First Amendment

03 Sunday May 2015

Posted by Michael Bersin in Uncategorized

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First Amendment, Petitions, White House

The First Amendment to the U.S. Constitution:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Recent petitions at the White House site:

We petition the Obama Administration to:

To have obama hang himself to death on national TV

The last thing the American people need is for some pissed off redneck to kill obama and him to be “martyrized”.

We would never hear the end of it.

It is far better for us all if he kills himself.

Published Date: Apr 22, 2015

Issues: Criminal Justice and Law Enforcement, Government Reform, Homeland Security and Disaster Relief

Signatures needed by May 22, 2015 to reach goal of 100,000 99,652

Total signatures on this petition 348

[emphasis added]

Well, then.

And for some people, the flag trumps the Constitution:

We petition the Obama Administration to:

Prosecute any citizen who desecrates the flag of the United States of America.

In recent years the desecration of the flag of the United States of America by U.S. citizens has been increasing and there have been no repercussions for those involved. It clearly states under Title 18 of the U.S. code Chapter 33 Section 700 that “Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States shall be fined under this title or imprisoned for not more than one year, or both.” U.S. citizens who are caught desecrating the flag of the United States of America should be held accountable for their actions accordingly. This It is a federal offense and action needs to be taken.

Published Date: Apr 30, 2015

Issues: Criminal Justice and Law Enforcement

Signatures needed by May 30, 2015 to reach goal of 100,000 99,774

Total signatures on this petition 226

[emphasis added]

UNITED STATES v. EICHMAN, 496 U.S. 310 (1990)

496 U.S. 310

UNITED STATES v. EICHMAN ET AL.

APPEAL FROM THE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

No. 89-1433.

Argued May 14, 1990

Decided June 11, 1990 *

After this Court held, in Texas v. Johnson, 491 U.S. 397 , that a Texas statute criminalizing desecration of the United States flag in a way that the actor knew would seriously offend onlookers was unconstitutional as applied to an individual who had burned a flag during a political protest, Congress passed the Flag Protection Act of 1989. The Act criminalizes the conduct of anyone who “knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon” a United States flag, except conduct related to the disposal of a “worn or soiled” flag. Subsequently, appellees were prosecuted in the District Courts for violating the Act: some for knowingly burning several flags while protesting various aspects of the Government’s policies, and others, in a separate incident, for knowingly burning a flag while protesting the Act’s passage. In each case, appellees moved to dismiss the charges on the ground that the Act violates the First Amendment. Both District Courts, following Johnson, supra, held the Act unconstitutional as applied and dismissed the charges….

[….]

….Although the Flag Protection Act contains no explicit content-based limitation on the scope of prohibited conduct, it is nevertheless clear that the Government’s asserted interest is “related `to the suppression of free expression,'” 491 U.S., at 410 , and concerned with the content of such expression. The Government’s interest in protecting the “physical integrity” [496 U.S. 310, 316]   of a privately owned flag 5 rests upon a perceived need to preserve the flag’s status as a symbol of our Nation and certain national ideals. But the mere destruction or disfigurement of a particular physical manifestation of the symbol, without more, does not diminish or otherwise affect the symbol itself in any way. For example, the secret destruction of a flag in one’s own basement would not threaten the flag’s recognized meaning. Rather, the Government’s desire to preserve the flag as a symbol for certain national ideals is implicated “only when a person’s treatment of the flag communicates [a] message” to others that is inconsistent with those ideals. 6 Ibid. [496 U.S. 310, 317]….  

[….]

“….If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” Johnson, supra, at 414. Punishing desecration of the flag dilutes the very freedom that makes this emblem so revered, and worth revering. The judgments of the District Courts are Affirmed.

[….]

Title 18, Chapter 33, Section 300 has no legal weight whatsoever. And the government, because of the First Amendment, can’t force you to believe otherwise. But, because of the First Amendment the government can’t and won’t do anything about that either. Because of the First Amendment. Ironic, eh?

The First Amendment and hate

13 Sunday Jan 2013

Posted by Michael Bersin in Uncategorized

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First Amendment, free speech, Westboro Baptist Church, White House

Free speech for me, but not for thee?

The American President (1995)

….America isn’t easy. America is advanced citizenship. You gotta want it bad, ’cause it’s gonna put up a fight. It’s gonna say “You want free speech? Let’s see you acknowledge a man whose words make your blood boil, who’s standing center stage and advocating at the top of his lungs that which you would spend a lifetime opposing at the top of yours….

The First Amendment and free speech don’t appear to be as absolute with some Americans as other single digit amendments.

At the White House petition site:

We petition the Obama Administration to:

Legally recognize Westboro Baptist Church as a hate group.

This group has been recognized as a hate group by organizations, such as The Southern Poverty Law Center, and has repeatedly displayed the actions typical of hate groups.

Their actions have been directed at many groups, including homosexuals, military, Jewish people and even other Christians. They pose a threat to the welfare and treatment of others and will not improve without some form of imposed regulation.

Created: Dec 14, 2012

Issues: Civil Rights and Liberties, Human Rights, Veterans and Military Families

Signatures needed by January 13, 2013 to reach goal of 25,000 0

Total signatures on this petition 316,998

We petition the Obama Administration to:

Investigate the IRS Tax-Exempt Status of the Westboro Baptist Church

The Westboro Baptist Church is better-known for homophobic displays, suing people and picketing funerals than for providing Christian care to a community. Due to their harassment and politicking, their IRS tax-exempt status should be immediately investigated.

Created: Dec 16, 2012

Issues: Criminal Justice and Law Enforcement, Human Rights, Veterans and Military Families

Signatures needed by January 15, 2013 to reach goal of 25,000 0

Total signatures on this petition 77,641

We petition the Obama Administration to:

Revoke the tax exempt status of the Westboro Baptist Church & re-classify Westboro Baptist Church as a hate group.

Westboro Baptist Church is legally recognized as a religious organization and therefore receives a tax exempt status under our laws. The Phelps family and their supporters use these tax exempt funds to finance a country-wide campaign against any person or group they feel promotes values that do not meet with their own. Most prominently they are anti-gay.

The members of this hate group make a practice of targeting funerals to make their case, routinely inflicting further pain and anguish onto the mourning families of deceased soldiers and, even worse, the victims of tragic crimes. They hold signs thanking God and celebrating the deaths of these people. They wave these signs in the faces of the families.

By granting their tax exemption WE ARE FUNDING THEIR HATE. This must change.

Created: Dec 16, 2012

Issues: Budget and Taxes, Human Rights, Veterans and Military Families

ignatures needed by January 15, 2013 to reach goal of 25,000 0

Total signatures on this petition 72,056

We petition the Obama Administration to:

Remove the Westboro Baptist Church’s 501(c)(3) tax-exempt status, and make it retroactive.

The Westboro Baptist Church operates as a tax-exempt church. While it speaks volumes that many Americans value their right to free speech, this does not mean that we have to pay for their vitriol.

The WBC is not and should never have been considered a legitimate church for tax-exemption purposes, and this could be declared so either directly or with legislation affirming any or all of the following:

1) The WBC does not engage in any charity comparable in scope to their public image. They are only known for hate.

2) The WBC is not inclusive of its surrounding community, restricting membership. It is regarded by some as a tax shelter for its family’s law operations.

3) The WBC uses invective speech under its name, actively denigrating classes of people – soldiers, homosexuals, and others

Created: Dec 16, 2012

Issues: Budget and Taxes, Civil Rights and Liberties

Signatures needed by January 15, 2013 to reach goal of 25,000 0

Total signatures on this petition 53,950

We petition the Obama Administration to:

Define the Westboro Baptist Church as a hate group due to promoting animosity against differing cultural demographics.

The Westboro Baptist Church has surpassed the point of free speech and has crossed into the realm of harassing citizens. They vocally promote hate against every demographic that they are not a part of. Their own website URL is made of obscenities that directly carve out a specific demographic: “www.godhatesfags.com”. They even picket military funerals – when our soldiers and their families are at their lowest. The hatred is clear and they fit the definition given by the SPLC with no deviation. The only possible reason to exclude them would be the extent of the effect that they have had on society, but the legal “hate group” designation will prevent further damage and harassment before it has to happen.

Created: Dec 14, 2012

Issues: Civil Rights and Liberties, Criminal Justice and Law Enforcement, Human Rights

Signatures needed by January 13, 2013 to reach goal of 25,000 0

Total signatures on this petition 39,345

Actually, the constitutional way to counter free speech is with more free speech. This tactic has been successfully applied to the Westboro Baptist Church pickets in the past.

A hate group, the First Amendment, and a funeral in a small town (November 23, 2010)

“…Maybe the good thing is that good people showed up today to speak out…”

Previously:

Proposition 8 rally in Kansas City (November 15, 2008)

Proposition 8 rally in Kansas City – more photos (November 16, 2008)

“God hates fags”–according to the Westboro Baptist Church (November 9, 2009)

Where to start? (November 23, 2010)

A hate group, the First Amendment, and a funeral in a small town – part 2 (November 29, 2010)

Evidently Kansas Governor Sam Brownback (r) doesn't believe in the First Amendment…

24 Thursday Nov 2011

Posted by Michael Bersin in Uncategorized

≈ 2 Comments

Tags

First Amendment, Kansas, Sam Brownback

…or Tinker v. Des Moines (393 U.S. 503, 1969).

….First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate….

Also, in a Federal District Court in Pennsylvania in 2003, Flaherty v. Keystone Oaks School District [pdf]:

“The Supreme Court has held time and again, both within and out side of the school context, that the mere fact that someone might take offense at the content of speech is not sufficient justification for prohibiting it.”

On Twitter a few days ago:

@emmakate988 Emma Sullivan

Just made mean comments at gov brownback and told him he sucked, in person #heblowsalot 21 Nov

[emphasis added]

Disparaging tweet about Gov. Sam Brownback lands Kansas teen in principal’s office

By Suzanne Perez Tobias

The Wichita Eagle

…Brownback’s office discovered the tweet via a Web search for his name, officials said.

Niomi Burget, Brownback’s scheduling secretary, e-mailed a screen shot of the tweet to the Youth in Government sponsor at Shawnee Mission East, writing: “I don’t know if this was someone with your group, but thought if it was, you might want it brought to your attention….”

….Sullivan’s older sister, Olivia, a sophomore majoring in political science at Wichita State University, said she thinks the controversy amounts to Brownback “censoring the opinion of a student.”

“This is something she said on her personal Twitter account,” Olivia Sullivan said.

“It’s unacceptable, first of all, to censor her and punish her for what she said. But for the governor and his staff to waste their time getting a high school student in trouble? That’s ridiculous….”

The student is supposedly composing a letter of apology. An astute student could possibly compose a meaningful letter which might educate Governor Brownback and others on his staff about perspective.

“…But for the governor and his staff to waste their time getting a high school student in trouble? That’s ridiculous…”

Yes, it is. It’s a symptom of the right wingnut republican universe.

What’s sauce for the goose is sauce for the gander – except if you’re Dana Loesch.

25 Monday Oct 2010

Posted by Michael Bersin in Uncategorized

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Dana Loesch, First Amendment, free-speech, Helen Thomas, Juan Williams, missouri

I’ve been away from my computer for a few days and was mightily amused when I returned today and learned (via the St. Louis Activist Hub) that when news of NPR’s firing of Juan Williams broke last week, Tea Partier Dana Loesch immediately joined the swelling right-wing chorus and tweeted her opinion that this is a First Amendment issue:

Sorry, but when you’re a force-funded station and you routinely smear conservatives and fire people for speech … #DefundNPR

In firing Williams, NPR had simply, if somewhat belatedly, invoked their long-standing policy of requiring their news analysts to maintain a neutral public stance on issues that they might have to cover. Adherence to this policy is a contractual obligation, and since Williams had already been warned about past violations, his firing shouldn’t have come as a surprise. The NPR policy is also non-partisan – NPR employees have been, for example, prohibited from attending Jon Stewart’s Sanity Rally in their personal capacity. The requirement that news personnel maintain a neutral public persona is a subtle but important distinction and, since it involves an effort to eliminate a perception of bias, one that could be expected to go over the heads of those who consider Fox News “fair and balanced.”

Loesch’s invocation of free speech does, however, suggest additional considerations. Remember when the trad media (egged on by many right wingers) piled on Helen Thomas after she called for Israelis to “get the hell out of Palestine”? An offensive remark, perhaps,  but so were William’s ramblings, and, just to be clear, unlike Williams, Thomas was an opinion columnist who was not only permitted but paid to opine. I don’t remember that Loesch, or any other conservative for that matter, sprang to the defense of Thomas’ free speech rights.  I may be mistaken about this – I can’t say that I actually follow Loesch’s utterances – but if I’m wrong about this specific issue, there are plenty of other examples of the right-wing’s skewed concern over speech issues – the firing of Octavia Nasr by CNN also comes to mind and there are plenty of similar cases.

All of which leads one to an uncomfortable conclusion. If right-wing defenders of the First Amendment like la Loesch can’t be bothered to defend the actual free speech rights of people like Thomas, but get get royally bent out of shape when Juan Williams reaps the quite foreseeable consequences of violating his contractual obligations, it suggests that it is actually the specific target of the featured bigot du jour that determines whether or not our right-wing brethren and sistren will bring their impressive capacity for manufactured outrage into play.

I’m guessing that I’m coming in somewhat after the fact here, and that this brouhaha may have already been shouted to death in and out of fringeland while I was out of contact. I still, however, think that it will be important to remember just who in our vicinity has attempted to dress the sanctioned bigotry of the day in the constitution if or when some of the more volatile Tea Partiers get out of hand in regard to those scary Muslims who so frighten poor Juan Williams. Recollect, if you will, that we have already seen acts of anti-Muslim vandalism in St. Louis.

Update. Glenn Greenwald sees the wingers blathering about free speech the same way – but says it better.

Update 2.  Yesterday I warned about legitimizing the fantasies of the crazies – and today NPR has received a bomb threat that “timing suggests” may be liked to firing of Muslim-bashing Williams.

Stop conflating "the media" and "the press"

23 Friday Oct 2009

Posted by Michael Bersin in Uncategorized

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First Amendment, media v press

In my nearly five decades on this planet, my 98 year old Nana has not spent one single day in the hospital and she has never – not once – missed a deadline at either of the two papers she has worked for. She worked at one small weekly for decades until the publisher’s son took over after his dad died and the paper started taking on a right-wing bent and putting sports on the front page every week. Nana is more interested in corrupt county commissioners and budget chicanery. When the Post deteriorated, one of my college friends started a rival paper in the next-biggest town in the county to actually cover the news, and when he approached her for help and advice, she gave it freely and her weekly column has been in every edition of the paper, and she has turned it in on time every week.

We all have the constant harangues that define a person in or period of our lives. For me, the things that define my coming-of-age are my Nana’s macaroni and cheese and her constant irritation with the blurring of the lines between the media and the press.

They are not the same thing.

The press has somehow ended up under the media umbrella, but it is separate, or at least it is supposed to be. Media is entertainment, and that it has absorbed journalism doesn’t just make me angry, it terrifies me.

Journalism is the only profession that is protected by the Constitution. Not only that, but those to whom we owe our legacy of independence and tradition of civil libertarianism – here I am talking about the citizenry that rejected the Constitution until the Bill of Rights was added, not those who crafted the document –  a free press was important enough that they put it at the top of their list of priorities right there at the top of the Bill of Rights, or as we call it in these parts, the real ten commandments.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The battle to keep the press independent of the media is steeped in irony. In order for us to continue the social progress of our liberal founders who threw off the yoke of monarchy to break free and forge the grandest democratic experiment in the history of mankind, we have to turn back the clock in one key area: the press. Not in means of technology, but in manner of philosophy. In other words, a truly liberal press would have to embrace a key conservative pillar – the notion of turning back the clock to a previous era.

The press needs to throw off the yoke of media and return to the muckraking roots that defined journalism from Thomas Paine through Watergate. The sort of journalism that used to be practiced by major papers in this country, before the media started taking over the press and destroying newspapers.

I live in Kansas City. I know what I’m talking about. My newspaper was killed by Mickey Mouse.

Disney bought the Kansas City Star in 1996, and promises that nothing would change and Disney wouldn’t sell the paper to yet another entity were believed. After all, Walt himself had delivered the Star as a boy growing up here. But sadly, we were soon reminded that all to often, promises are made to be broken. A year later the paper was sold, in spite of the fact that it earned 25% profits every year – and that’s a damned good profit margin for a newspaper, but not  enough to satisfy Eisner, and he dumped it. It was acquired by Knight-Ridder and the slide started. Now, it seems that every time we turn around, the paper is cutting staff. The two firings that incensed me the most were Kit Wagar and Vicki Sizemore Long. Kit reported on the state legislature and Vicki was an award winning business reporter who covered everything from the Kansas wheat harvest to urban gardening in KC.

You know, the local stuff that actually impacts our lives. Kit told us about the republicans in the Missouri House making animal noises on the floor of the house to mock the Democrats during debate over health care, and Vicki had a feature that informed anyone who cared to read the article how, for forty bucks a week we could get a local gardener who reclaimed vacant lots on the east side to bring us a box of fresh, locally grown, organic veggies.

That is the sort of reporting the Star no longer does. They rely on the wire services for the state house coverage, and more and more the people of the state rely on state blogs like Show Me Progress, where I commit acts of journalism on a somewhat regular basis, to find out what is really going on in that snakepit.

The press can turn a profit, but not enough of one to satisfy the bottom line of a media executive, so the press gets shoehorned into the media, and the citizenry pays the price because they do not get the basic, factual information that they need to make informed decisions.

I sat on a panel a couple of weeks ago that discussed the state of the media today. After the panel I realized that I had missed the opportunity to educate the people in attendance that media and press are not synonymous, but I danced around the topic, then a couple of days later called my Nana and told her I blew it.

Maybe I didn’t blow it, exactly, because I did get to make a couple of points that tie in to the philosophy that is so ingrained in me that I take it for granted. One of the things I told the people assembled to hear what we had to say was that I believe that if you don’t know what your government is doing, you don’t live in a democracy. This drew murmurs of assent. The other thing I said that drew agreement, including a “good point” from the panelist from the Star seated next to me was my observation that “even Woodward and Bernstein aren’t Woodward and Bernstein anymore. The only money they are interested in following is the money that ends up in their bank accounts.”

Woodward as much as confessed that he is no longer a member of the press, but a creature of the media with his admission that he tempered his criticism of Bush to preserve his access for a book he was writing.

That made me more frightened than angry when I heard it, and it ought to have the same impact on you. This is the man who brought down one republican president protecting the malfeasance of another because he was writing a book that would make him a lot of money and if he had done his reporters job his future payday would be negatively impacted.

If he wants to call himself a journalist after that sell out, I get to accuse his ass of malpractice.

Crossposted from They gave us a republic

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