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Activist judge in Nashville
Looks like some judges may still be interested in protecting people's constitutional rights... Wonder if that'll filter up to the SCOTUS. A federal judge Monday afternoon ordered Tennessee to stop enforcing new rules that restricted “Occupy Nashville” demonstrators’ ability to protest in response to a lawsuit filed by the American Civil Liberties Union of Tennessee (ACLU-TN). “The state cannot arbitrarily create restrictive policies just because it does not like how people are using a public space,” said ACLU-TN Legal Director Tricia Herzfeld. “Today’s decision is the first step in restoring demonstrators’ free speech rights.” The protesters had been camped at Legislative Plaza in downtown Nashville to protest the economic and political consolidation of power since October 9. But on October 27, Tennessee enacted new rules without any public review process that eliminated their right to gather after 4:00 p.m. and implemented a 10:00 pm curfew on the plaza. The state also required protesters to pay use and security fees and to obtain $1,000,000 in liability insurance coverage prior to engaging in any assembly activity. “We have a legitimate complaint that is supported by a majority of the American people that there is too much corruption in government,” said one protester, Buck Gorrell, in a statement. “We have a right to assemble to address those complaints. What more appropriate public space is there in Tennessee for that purpose than Legislative Plaza? The state government is imposing arbitrary barriers to our rights under the Constitution.” The “Occupy Nashville” protesters defied the new rules, leading to arrests on Friday and Saturday mornings. The 50 people arrested, however, were released after Night Court Magistrate Tom Nelson refused to sign off on the arrest warrants. The lawsuit (PDF) alleges that state illegally revised the rules controlling Legislative Plaza by fiat in secret and without notice. The complaint also claims the state arrested protesters without probable cause and due process. Tennessee did not oppose the motion for a temporary restraining order, which halts enforcement of the rules until a preliminary injunction hearing scheduled for November 21. “We hope the fact that the State did not contest the temporary restraining order means that it is recommitting itself to safeguarding — not thwarting — public political expression,” said Hedy Weinberg, ACLU-TN Executive Director. |
Activist judge in Nashville
On 31/10/2011 8:14 PM, jps wrote:
Looks like some judges may still be interested in protecting people's constitutional rights... Maybe, maybe not. What if productive people withheld income tax from DC in peaceful protest. What then? Would fleabaggers support that? -- The reason government can't fix the economic problems is government is the problem. |
Activist judge in Nashville
On 10/31/2011 10:14 PM, jps wrote:
Looks like some judges may still be interested in protecting people's constitutional rights... Wonder if that'll filter up to the SCOTUS. A federal judge Monday afternoon ordered Tennessee to stop enforcing new rules that restricted “Occupy Nashville” demonstrators’ ability to protest in response to a lawsuit filed by the American Civil Liberties Union of Tennessee (ACLU-TN). “The state cannot arbitrarily create restrictive policies just because it does not like how people are using a public space,” said ACLU-TN Legal Director Tricia Herzfeld. “Today’s decision is the first step in restoring demonstrators’ free speech rights.” The protesters had been camped at Legislative Plaza in downtown Nashville to protest the economic and political consolidation of power since October 9. But on October 27, Tennessee enacted new rules without any public review process that eliminated their right to gather after 4:00 p.m. and implemented a 10:00 pm curfew on the plaza. The state also required protesters to pay use and security fees and to obtain $1,000,000 in liability insurance coverage prior to engaging in any assembly activity. “We have a legitimate complaint that is supported by a majority of the American people that there is too much corruption in government,” said one protester, Buck Gorrell, in a statement. “We have a right to assemble to address those complaints. What more appropriate public space is there in Tennessee for that purpose than Legislative Plaza? The state government is imposing arbitrary barriers to our rights under the Constitution.” The “Occupy Nashville” protesters defied the new rules, leading to arrests on Friday and Saturday mornings. The 50 people arrested, however, were released after Night Court Magistrate Tom Nelson refused to sign off on the arrest warrants. The lawsuit (PDF) alleges that state illegally revised the rules controlling Legislative Plaza by fiat in secret and without notice. The complaint also claims the state arrested protesters without probable cause and due process. Tennessee did not oppose the motion for a temporary restraining order, which halts enforcement of the rules until a preliminary injunction hearing scheduled for November 21. “We hope the fact that the State did not contest the temporary restraining order means that it is recommitting itself to safeguarding — not thwarting — public political expression,” said Hedy Weinberg, ACLU-TN Executive Director. He did his job. I totally agree with him. These people did not violate the Law. His job is judicial safety valve to prevent overzealous government. I take no position on the issue other than that. You are not talking about political appointees determined to push their agenda. You better than God that you have local Judges and Law Enforcement. They are you. All you are saying is that you have a bias studied or not agaains their protests. Your protests are allowed. So are theirs. |
Activist judge in Nashville
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Activist judge in Nashville
On 10/31/11 10:43 PM, BAR wrote:
In , says... On 31/10/2011 8:14 PM, jps wrote: Looks like some judges may still be interested in protecting people's constitutional rights... Maybe, maybe not. What if productive people withheld income tax from DC in peaceful protest. What then? Would fleabaggers support that? Who is John Gault. If you had read the book, you'd know it was Galt, not Gault. |
Activist judge in Nashville
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Activist judge in Nashville
On Tue, 01 Nov 2011 06:15:09 -0400, X ` Man
wrote: On 10/31/11 10:43 PM, BAR wrote: In , says... On 31/10/2011 8:14 PM, jps wrote: Looks like some judges may still be interested in protecting people's constitutional rights... Maybe, maybe not. What if productive people withheld income tax from DC in peaceful protest. What then? Would fleabaggers support that? Who is John Gault. If you had read the book, you'd know it was Galt, not Gault. Supply siders who haven't a ****ing clue from whence they came. Clueless, low information voter. |
Activist judge in Nashville
On 11/1/11 2:51 PM, jps wrote:
On Tue, 01 Nov 2011 06:15:09 -0400, X ` Man wrote: On 10/31/11 10:43 PM, BAR wrote: In , says... On 31/10/2011 8:14 PM, jps wrote: Looks like some judges may still be interested in protecting people's constitutional rights... Maybe, maybe not. What if productive people withheld income tax from DC in peaceful protest. What then? Would fleabaggers support that? Who is John Gault. If you had read the book, you'd know it was Galt, not Gault. Supply siders who haven't a ****ing clue from whence they came. Clueless, low information voter. Their motto: "No need to read the book if you read the bumpersticker." Ms. Rand's books were all the rage at the Susan S. Sheridan Junior High School. |
Activist judge in Nashville
On Mon, 31 Oct 2011 19:14:04 -0700, jps wrote:
Looks like some judges may still be interested in protecting people's constitutional rights... Wonder if that'll filter up to the SCOTUS. A federal judge Monday afternoon ordered Tennessee to stop enforcing new rules that restricted “Occupy Nashville” demonstrators’ ability to protest in response to a lawsuit filed by the American Civil Liberties Union of Tennessee (ACLU-TN). “The state cannot arbitrarily create restrictive policies just because it does not like how people are using a public space,” said ACLU-TN Legal Director Tricia Herzfeld. “Today’s decision is the first step in restoring demonstrators’ free speech rights.” The protesters had been camped at Legislative Plaza in downtown Nashville to protest the economic and political consolidation of power since October 9. But on October 27, Tennessee enacted new rules without any public review process that eliminated their right to gather after 4:00 p.m. and implemented a 10:00 pm curfew on the plaza. The state also required protesters to pay use and security fees and to obtain $1,000,000 in liability insurance coverage prior to engaging in any assembly activity. Those rules make damn good sense. Shouldn't be any bitchin' about 'em either! |
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