Park service tells me no 1st amendment at parks
Well this park employee on the rail trail told me I can #39;t have any "political " signs on my bike. Well I am exercising my first amendment rights , free speech,freedom of the press, right to...
By: That guy for 2a defend the constitution
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Park service tells me no 1st amendment at parks - Video
Yesterday the City Council Consumer Affairs Committee heard testimony relating to a bill that would require costumed characters across New York City to register with the Department of Consumer Affairs in order to accept tips or donations. "This straight up seems like fascism to me," Keith Albahaye, a.k.a. The New York Joker, told the councilmembers. "The First Amendment is the First Amendment. I'm not gonna be allowed on 52nd Street and Broadway in the United States of America?"
At the outset of the hearing, the bill's sponsor, Bronx Councilmember Andy King, testified that "the bill is not designed to take away anyone's First Amendment rights," and he added that his aim wasn't to raise questions about a performer's immigration status either. King said that his own five-year-old daughter was traumatized by an encounter with a character this past summer.
"Strawberry Shortcake didn't get the proper tip she wanted, she ripped off her own head and started to berate her father and her family," King said. "In the mind of a five year old, how do you comprehend a head being snatched off? In cartoons you can erase the head and you can draw it back on, but in human life you can't do that. We want to make sure we can maintain that kind of innocence for our children and our families."
Midtown South Commander Edward Winski testified that since 2009, the police have arrested 38 costumed performers in Times Square, 18 of those occurring this year. Most were for aggressive solicitation, but others were more serious, such as when a Spiderman struck a police officer and when Woody from Toy Story was arrested for sexually assaulted a woman by grabbing her buttock.
Councilmember Dan Garodnick, whose district covers a portion of Times Square, noted that King's bill merely reiterates the law prohibiting aggressive solicitation, the enforcement of which is currently up to the NYPD.
"Even under the bill as proposed, those same subtle questions exist," Garodnick said. "I think it still leaves open a lot of those questions which ultimately, if the police are not there to enforce, we're just where we are today."
Int. 467 would make it illegal "for any costumed individual while wearing a costume to solicit in return for posing for photographs or otherwise interacting with the public in public places without having first obtained a license."
Steven Shiffrin, professor emeritus at Cornell Law School and the author of numerous books on the First Amendment, told us in September that a law like this may not pass constitutional muster.
"Wearing costumes is a form of First Amendment expression, and the First Amendment does not permit government to charge its citizens as a pre-condition of exercising their rights," Shiffrin wrote in an email. "This principle takes on special force when the charge is exorbitant and when the purported justification for its imposition is so obviously a pretext."
A representative from the Department of Consumer Affairs also revealed that in addition to the $175 fee for the two-year license, characters would have to pay a $75 fingerprinting fee. There are 14 other licensed professions that require fingerprinting, including auctioneers, auto repair workers, bingo hosts, process servers, pawn brokers, and tow truck drivers. The representative noted that the costume license would be the cheapest, though a general vendor license costs $200. A tow truck company pays $600 per truck.
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Times Square Joker Says Costume Law Is "Straight Up Fascism"
Gotta love the First Amendment - handing out chemtrail fliers at a Green Festival
http://StopSprayingUs-SF.com - When I was handing out chemtrail awareness fliers outside a Green Festival in San Francisco #39;s Fort Mason, park officials and police claimed I was breaking the...
By: Patrick Roddie
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Gotta love the First Amendment - handing out chemtrail fliers at a Green Festival - Video
Beginning in the 1930s, shortly after the Supreme Court had incorporated the First Amendment into the due process clause (thereby making it an enforceable constraint not only on the federal government ["Congress shall make no law . . ."] but on State and municipal governments as well) the Jehovahs Witnesses went on a campaign to attack, in court, restrictions on their ability to proselytize door-to-door and to give voice to unpopular views. During one particular 8 year period (1938 to 1946) they brought no fewer than 23 separate First Amendment actions to the Supreme Court (prompting Justice Stone to quip that they ought to have an endowment in view of the aid they give in solving the legal problems of civil liberties). They won some spectacularly important victories West Virginia Board of Ed. v Barnette (1943) (children cannot be forced to recite the Pledge of Allegiance or salute the flag), Chaplinsky v New Hampshire (19420 (establishing the fighting words doctrine, and overturning conviction of a Jehovahs Witness who called a local official a damned racketeer and a fascist), Watchtower Society v. Village of Stratton (2002) (overturning municipal ordinance requiring government permits for all door-to-door advocacy).***
They were widely reviled especially during World War II and the Korean War, their position asconscientious objectors to military service and their refusal to salute the flag made them the object of great hostility but in retrospect, we all owe them a great debt of gratitude. It took (and it takes) real courage to stand up to the combined forces of public opinion and the state to voice opinions that others find highly objectionable and even inflammatory, and we all enjoy, in a much stronger First Amendment than we might otherwise have, the benefits of their having had the courage to have done so.
Yesterday the 9th Circuit issued its decision striking down Californias CASE (Californians Against Sexual Exploitation) Act as violative of the First Amendment. The Actrequired previously-convicted sex offenders to provide [a] list of any and all Internet identifiers established or used, a list of any and all Internet service providers used, and to sendwritten notice to law enforcement within 24 hours of adding or changing an Internet identifier or an account with an Internet service provider; it also provided for fairly severe criminal penalties for non-compliance.
This is the latest in what is becoming a large series of cases involving First Amendment challenges to state sex offender registration statutes. There have been cases like this one in Nebraska, Indiana, Louisiana, Pennsylvania, to name a few. Ive blogged about some of them before e.g.,hereand here and (full disclosure) Ive been involved in several of them (including this California case) as an expert testifying on behalf of the challengers.
The courts opinion here at least to someone on the side of the fence that Im on has a terrific analysis of the First Amendment issues at stake, and some strong First-Amendment-protective language that will, I promise you, come in very, very handy in future battles the ones that are coming that will not involve just convicted sex offenders. The court struck down the statute on the grounds that it unnecessarily chills protected speech in three ways: the Act does not make clear what it is that sex offenders are required to report, there are insufficient safeguards preventing the public release of the information sex offenders do report, and the 24-hour reporting requirement is onerous and overbroad. There is, in particular, some very forceful language about the right, under the First Amendment, to speak anonymously an issue that, as I keep harping on, is going to be a major First Amendment battleground duringthe the next decade or so. The court wrote:
Although this is not what some might call the classic anonymous-speech case, where speakers allege they are required to disclose their identities directly to their audience, we conclude that the Act nevertheless chills anonymous speech because it too freely allows law enforcement to disclose sex offenders Internet identifying information to the public. . . .We agree with the district court that the standards for releasing Internet identifying information to the public are inadequate to constrain the discretion of law enforcement agencies and that, as a result, registered sex offenders are unnecessarily deterred from engaging in anonymous online speech.
[S]ex offenders fear of disclosure in and of itself chills their speech. If their identity is exposed, their speech, even on topics of public importance, could subject them to harassment, retaliation, and intimidation. See McIntyre, 514 U.S. at 34142 (The decision in favor of anonymity may be motivated by fear of economic or official retaliation, by concern about social ostracism, or merely by a desire to preserve as much of ones privacy as possible.); Brown v. Socialist Workers 74 Campaign Comm. (Ohio), 459 U.S. 87, 100 (1982) (holding that disclosure requirements may subject unpopular minority groups to threats, harassment, and reprisals). Anonymity may also be important to sex offenders engaged in protected speech because it provides a way for a writer who may be personally unpopular to ensure that readers will not prejudge her message simply because they do not like its proponent.
Pretty strong stuff. It has made me think about the Jehovahs Witnesses. Convicted sex offenders are probably one of a very small number of groups that are even more despised than the Jehovahs Witnesses were in the Thirties and Forties, and they have consequently been singled out for very harsh treatment in the law. Fighting back, theyre helping to make some good First Amendment precedent, and when the government starts cracking down on other speech by other speakers, or attempting to restrict our ability to use anonymizing tools in our Internet communications as itwill well be grateful to them for having done so.
***Shawn Peters excellent Judging Jehovahs Witnessess tells this story in great detail, if youre interested.
David Post taught intellectual property and Internet law at Georgetown Law Center and Temple University Law School until his recent retirement. He is the author of "In Search of Jeffersons Moose: Notes on the State of Cyberspace" (Oxford, 2009), a Fellow at the Center for Democracy and Technology, and an Adjunct Scholar at the Cato Institute.
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Volokh Conspiracy: Convicted sex offenders, Jehovahs Witnesses, and the First Amendment
The First Amendment...(Historically Speaking)
Frederick Douglass Dixon hosts this weekly segment on UPTV.
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The First Amendment...(Historically Speaking) - Video