The First amendment has been used to freely publish anything from Bible quotes to Pronography. It has been used to allow insane contributions to a politician or political party. It has been used to publish and finance a bill in congress. A case in point is the current fight for our minds on health care. Both sides have published all kinds of "facts", most of which are lies or blown way out of porportion to get a favorable opinion from one side or the other. Another is the Hype about Global Warming.
Let a bunch of young people who only want our government to recognize and follow the dictates of the Constitution assemble with signs and that is a no-no.
"Congress shall make no law 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."
http://www.youtube.com/watch?v=YNoBLa7lhXY


Comments: 64
I've seen videos and incidents like that before. its silly that people who feel so strongly about an opinion to spend a day or whatever demonstrating, can't bother to go get a permit, or license or whatever is required.
such things are legitimate requirements. not being allowed to yell fire in a crowded theater is not infringement of free speech either.
It doesnt detail on the permit what you are allowed to say or not say.
it does not say that there cannot be regulation on gathering a bunch of people in an open location.
if someone wanted to protest oil companys or something by protesting in the middle of a major street or intersection or something, without making arrangements, would you support that? or would that be unreasonable?
even though it would be perfectly acceptable if they were to make arrangements like parades do...
the issue is that they didn't have a permit. it wasn't about what they were saying, it was about not going through the bureaucratic hoops that were required for the use of that location.
But, for the record, if the government can require me to get a permit and demonstrate in a certain place, they can decide on a permit fee that I can't afford and decide that the demonstration should be 10 miles from the event I am protesting.
If the government can decide what I can say and not say, then I no longer have freedom of speech. I have censored speech.
"Yelling "fire" in a crowded theater is one of the narrow rulings of the Supreme Court in the interest of public safety. That is a lot different than a police officer or bureaucrat deciding what you can say and where you can say it.
its not a matter of submitting freedom, its accepting a reasonable modern degree of having to arrange for the use of an area.
as far as I can tell looking online, your issue regarding a fee or location, at least in this case, is a strawman. as far as I can tell there is *absolutely* no excuse for the people in that video to not have obtained a permit.
if two groups intend to have a demonstration in an area and theres no organization (in the form of stuff like permits) who gets to? who is justly removed and who is not, if they cannot both be there? if one gets there first is the other just SOL? these are reasonable issues that for a peaceful situation for everyone, MUST be addressed somehow.
there is not nearly the difference you think there is between yelling fire in a theater and needing to make arrangements for a protest!
if in that video, or any like it I've seen, they argued that there was an unreasonable fee, or that the permit they would have been given would have required them to be unreasnably displaced, or something, then fine.
but thats not the case. not in one of these incidents I've heard about. its always the people being too lazy, irresponsible, incompetent or foolish to simply do the relatively minor legwork to get a permit or whatever.
can you NOT see that there are completely legitimate reasons why it could be important to have authorities informed about a demonstration? at very least, to be aware or arrange for something with parking, traffic, counter-demonstrations, or things that are common to EVERY large gathering of people?
the bottom line is that the law says to demonstrate in that location requires a permit.
the permit itself is NOT a hinderance of free speech, it is a reasonable method of organizing legitimately neccesary notifications and scheduling.
it not being a huge group, is quite irrelevant.
what if I as an individual plan to go protest something without a permit, and another group also wants to protest at that location? if only some, or only huge groups need a permit.... how would that conflict be managed?
The first amendment refers to government and a person or group of people and making laws against/for those individuals/groups.
As for this being the begining of the end for our country. Get a grip folks. If some form of healthcare passes and I have no doubt it will.
Becoming MORE socialized isnt going to cause the immediate imminent demise of anyone.
No the first amendment does not refer to groups at all it refers to the people. The requirement for a permit is infringement. I do agree that there has to be some kind of scheduling though. The park department needs to have some idea of how many people will be there. Therefore I have mixed feelings about the permit business. That video looked to me as though there were about a dozen people. I also had the impression they did have a permit.
I am saying that getting a permit doesnt deny your first amendment rights.
you recognize that logistically there needs to be SOME sort of scheduling and notification, right?
I mean "I do agree that there has to be some kind of scheduling though. The park department needs to have some idea of how many people will be there."
sounds like a recognition that logistically for safety and such some sort of official documentation regarding the planned activity is needed.
.... what do you think a permit is?
did YOU watch the video? they clearly did NOT have a permit. the officer... hell I think it was BOTH officers asked for their permit or number or whatever. if he had it, he refused to give it to them (which makes it as good as non-existent. he pointed out some other protest and asked if THEY had a permit, and the officer confirmed that they did, and that he DID verify that they had one.
needing a permit is simply needing the official-ness that you just said you agreed was needed! the permit is the form of officialness for scheduling and notification in question.
having to have a permit to use a space is NOT infringement!
We are asserting our right to also speak our minds on the subject, as guaranteed by the First Amendment.
"Woe betide any of those who pierce the bubble of the George W. Bush campaign, or the equally fortified bubbles of U.S. Vice-President Dick Cheney or First Lady Laura Bush.
Those who have tried to heckle or loudly protest ruling Republican party members have been dragged from events by their hair or hammerlocked to the ground by zealous supporters. Others face court appearances for their efforts during the runup to the Nov. 2 election.
Some run into trouble before they even get to the door in events from battleground state to battleground state, where admission is strictly limited to loyal Republicans and movements are restricted once inside the building or in the cordoned-off areas of outdoor events.
One high school student from Minnesota delighted listeners on National Public Radio explaining how he was barred entry to a Bush rally because the Secret Service had identified him as having volunteered for the Democrats.
Six men from Lancaster, Pa., were charged with disorderly conduct during a Bush visit to a local elementary school after they stripped to their skivvies and began to re-enact the human pyramid photo from the Abu Ghraib prison scandal for the the president's bus.
Perry Patterson, a 54-year-old Oregon woman, faces criminal trespass charges after she said she responded to a "primal need" to challenge Cheney at a rally when the vice-president said his administration had made the world a safer place.
A New Jersey mother, Sue Niederer, was arrested after she disrupted a Laura Bush rally in that state with a T-shirt accusing George W. Bush of killing her son, Seth, who died in Iraq last February. (She is also under investigation by the Secret Service for making threats against Bush in an online interview).
At a July 4 Bush rally in Charleston, W. Va., Nicole and Jeff Rank were handcuffed and removed from the event and subsequently arrested after wearing anti-Bush T-shirts.
Nicole Rank's shirt had the words "Love America, Hate Bush" on the back and Jeff Rank's said "Regime Change Starts at Home."
On this morning, Bush's 37th campaign stop in the crucial battleground state, the Secret Service and local police huddle in the passageway joining a hotel and the convention centre, trying to get ground rules set.
"If someone gets up and shouts `Stop the War' move toward him," an agent says before he spots an interloper and lowers his voice.
Reporters are kept in a pen and if they wander to speak to those in attendance, they too, get a visit from the Secret Service and a reminder to return to the pen.
On this morning, the bubble remains pristine.
The faithful here hold blue tickets for general seating and gold seats for those who get to sit closer to the president. They, and those in attendance later in the day at a Latrobe, Pa., rally, get the Bush stump speech, although it is delivered in two distinctly different venues."
http://www.commondreams.org/headlines04/0925-24.htm
It doesn't make any difference which party, state, city, etc. is suppressing speech or peaceful demonstrations because they are taking away rights guaranteed by the First Amendment to the Constitution.
Don't you have any ideas, or are you just mad at the world.
Let us know what you think about free speech.
Where was the first amendment then?
Trashed.
We shouldn't accept a violation of our constitutional rights from any party or any one.
That is what this discussion is about.
(I am pro pronography.)
Freedom doesn't belong to any political party or administration, and no one has the right to violate our constitutional rights.
Violations happen, as they did in Chicago, but they can't be accepted and must be fought. History has judged Mayor Daly harshly for his actions.
If no one has ever been there maybe we should give it a try. Nothing else is working.
Too bad we wont live long enough to see whites adn the smallest minority.. but that day will come (and may God bless that day) maybe then the minorites struggle for equality may be reach.