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Wednesday, November 9, 2011

Our FIRST AMENDMENT Rights are protected by Federal Government

Here is a brief historical legal reminder to us all of our federally protected First Amendment rights. (from WIKI)  (I am not a lawyer, just a citizen.)

 'The First Amendment (Amendment I) to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.'

The 'Assembly' has no limits as to time or space, and must enable safety of those Assembled, from the elements (tarps, tents, food, sanitation) One judge has already
ruled that TENTS are a form of FreeSpeech.

Petitioning includes informing others citizens opinions, not just govt. e.g. Freedom to use SIGNs, posters, marches, shouted slogans,etc. But NOT to interrupt someone else.

Now, originally, the First Amendment applied only to laws enacted by the Congress. However, starting with GITLOW v. New York, 268 US 652 (1925), in a series of cases,  the Supreme Court has held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government.  The city, county or state CAN MAKE NO LAW, policy or code  that can supersede our Federal Right to Assemble and Petition for Redress of Grievances.
And, in fact, the local LE is to PROTECT your Rights to the above. If they don't you can sue the jurisdiction.

Also: Just a wild hair ... consider hiring the expertise of the WestboroBaptistChurch, they have decades of experience suing for their First Amendment Rights.

And: If the 1% try to use the 'Patriot Act' to call US Terrorists and shut us down, they
really, really will have a 99% problem on their hands!

1 comment:

  1. This is posted as small aid to all at any OCCUPY that is being hassled by any local government!