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(Yahoo) Obvious TN agrees to stop arresting "Occupy" protestors at the state capital after realzing the curfew ordinance they were arresting them under violated a minor legal technicality called The First Amendment   (news.yahoo.com) divider line 97
More: Obvious, First Amendment, prior restraint, freedom of assembly, legal technicality, Democratic Rep, mass arrest, redress of grievances, antitrust laws  
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4685 clicks; posted to Politics » on 01 Nov 2011 at 4:39 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»   |    Get this fabulous T-Shirt and impress the methane out of your friends! shirt it!



97 Comments   (+0 »)
   

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2011-11-01 12:33:31 PM
Huzzah! There might be some greyer, wiser heads left in the world. Thank goodness somebody caught it before the feds had to come in with the National Guard to protect the constitutional rights of the protesters.
 
vpb [TotalFark]
2011-11-01 12:39:50 PM
At least those strict constitutionalists in Texas don't have that problem.
 
2011-11-01 12:44:42 PM
Texas might end up with a lot of explaining to do to the federal authorities if they keep it up.
 
2011-11-01 12:57:05 PM
sheilanagig: Texas might end up with a lot of explaining to do to the federal authorities if they keep it up.

I don't think they care.
 
2011-11-01 01:12:03 PM
I think our AG has really pissed off the governor at this point. TN is one of those oddities where the governor doesn't appoint the AG, so he's independent. TN was one of the few Republican states not to join the HCR lawsuits, and now he won't even fight this law, which I also approve of.

But yeah, there's got to be plenty of anger there from the governor's office.
 
2011-11-01 01:13:16 PM
GAT_00:

But yeah, there's got to be plenty of anger there from the governor's office.


yeah, but aside from the Gov being mad as hell, there's not much he can do about it. he's gotta let the protests continue.
 
2011-11-01 01:27:09 PM
GAT_00: I think our AG has really pissed off the governor at this point. TN is one of those oddities where the governor doesn't appoint the AG, so he's independent. TN was one of the few Republican states not to join the HCR lawsuits, and now he won't even fight this law, which I also approve of.

But yeah, there's got to be plenty of anger there from the governor's office.


In many states, at least the ones i've lived in (MD, IL, VA most recently) the AG is an elected office. It's down ticket so it does tend to flow to the same party that wins the Gov's mansion, but not always, and stuff like this shows why it needs to reamin an independent office.
 
2011-11-01 01:33:21 PM
Weaver95: GAT_00:

But yeah, there's got to be plenty of anger there from the governor's office.

yeah, but aside from the Gov being mad as hell, there's not much he can do about it. he's gotta let the protests continue.


This is the most corrupt state in the country. I expect the police will simply be "encouraged" to watch them for violations they can find.

Something might happen to that judge too.
 
2011-11-01 01:39:20 PM
GAT_00: Weaver95: GAT_00:

But yeah, there's got to be plenty of anger there from the governor's office.

yeah, but aside from the Gov being mad as hell, there's not much he can do about it. he's gotta let the protests continue.

This is the most corrupt state in the country. I expect the police will simply be "encouraged" to watch them for violations they can find.

Something might happen to that judge too.


Even so, it seems difficult to make such a case. esp given that the cops have already been biatch slapped by a judge over their actions.
 
2011-11-01 03:30:36 PM
The suit says Haslam approved the new curfew after complaints over three misdemeanor violations around Legislative Plaza: "an assault, public urination and an apparent tryst beneath a magnolia tree."

Hopefully, not all from the same guy.
 
2011-11-01 04:41:14 PM
sheilanagig: Huzzah! There might be some greyer, wiser heads left in the world. Thank goodness somebody caught it before the feds had to come in with the National Guard to protect the constitutional rights of the protesters.

Yeah, that's just what was about to happen
 
2011-11-01 04:43:20 PM
A tryst beneath a magnolia tree? Has a certain lyrical quality. I mean, who doesn't want a tryst beneath a magnolia tree?
 
2011-11-01 04:44:14 PM
The only parts of the constitution that are important are the ones about keeping guns and being able to sing on Monday Night Football.
 
2011-11-01 04:44:38 PM
I'm sure there's a lot of lawyers willing to help those people out.
 
2011-11-01 04:45:42 PM
Weaver95: GAT_00:

But yeah, there's got to be plenty of anger there from the governor's office.

yeah, but aside from the Gov being mad as hell, there's not much he can do about it. he's gotta let the protests continue.


The Gov is mad, bro?
 
2011-11-01 04:46:08 PM
vartian: The suit says Haslam approved the new curfew after complaints over three misdemeanor violations around Legislative Plaza: "an assault, public urination and an apparent tryst beneath a magnolia tree."

Hopefully, not all from the same guy.


Gordie Howe hat trick?
 
2011-11-01 04:47:03 PM
Farking Constitution....how does it work?
 
2011-11-01 04:48:07 PM
Governor Haslam?

Sounds like another Secret Muslim...
 
2011-11-01 04:48:21 PM
vartian: The suit says Haslam approved the new curfew after complaints over three misdemeanor violations around Legislative Plaza: "an assault, public urination and an apparent tryst beneath a magnolia tree."

Hopefully, not all from the same guy.


If it is....AWESOME! A new hero emerges.

// his newsletter
//\please
 
2011-11-01 04:48:39 PM
Good to see the Virginia Tea Party was right about the goovernment giving preferential treatment to OWS. I guess lazy hippies get all the breaks.
 
2011-11-01 04:49:12 PM
It's really sad to see that, while most people engaged in these protests are ignorant of so many facts, the police and those others who decry these protests are putting new bounds on ignorance.
 
2011-11-01 04:50:47 PM
You don't "agree" to follow an order from a federal judge. You follow the order or risk the consequences.
 
2011-11-01 04:50:56 PM
karmaceutical: A tryst beneath a magnolia tree? Has a certain lyrical quality. I mean, who doesn't want a tryst beneath a magnolia tree?

Sounds MAGICAL and full of MUSIC and...wait, is that dogshiat?
 
2011-11-01 04:52:43 PM
The fark? A curfew? That's some goddamned bullshiat.
 
2011-11-01 04:54:00 PM
Samsquantch: vartian: The suit says Haslam approved the new curfew after complaints over three misdemeanor violations around Legislative Plaza: "an assault, public urination and an apparent tryst beneath a magnolia tree."

Hopefully, not all from the same guy.

Gordie Howe hat trick?


Well, you have a score, an assault.....I suppose it could be a Gordie Howe hat trick if the public urination was a golden shower on a fornicating couple (i.e. an assist).

/Judges?
 
2011-11-01 04:54:50 PM
Magorn: GAT_00: I think our AG has really pissed off the governor at this point. TN is one of those oddities where the governor doesn't appoint the AG, so he's independent. TN was one of the few Republican states not to join the HCR lawsuits, and now he won't even fight this law, which I also approve of.

But yeah, there's got to be plenty of anger there from the governor's office.

In many states, at least the ones i've lived in (MD, IL, VA most recently) the AG is an elected office. It's down ticket so it does tend to flow to the same party that wins the Gov's mansion, but not always, and stuff like this shows why it needs to reamin an independent office.


In Tennessee, the AG is appointed by the State Supreme Court. Anyone else thinks this is an odd way to do business?
 
2011-11-01 04:54:52 PM
i141.photobucket.com

Answer: my bunk
 
2011-11-01 04:56:38 PM
karmaceutical: A tryst beneath a magnolia tree? Has a certain lyrical quality. I mean, who doesn't want a tryst beneath a magnolia tree?

I'm game.
 
2011-11-01 04:56:42 PM
It's funny because the police would watch all these people coming out of theaters across from the protesters after curfew, not do a thing, wait for them to leave in their cars, then scream "WHARRGAAAAARBL YOU'RE OUT AFTER CURFEW!!!!" and arrest all the protesters.

This really happened

There was no noticeable law enforcement presence for nearly two hours after the curfew went into effect, while adjacent theaters let out and patrons filtered back through the plaza to their cars without being challenged for violating the restrictions.

"Nothing was done to them, they were not arrested," said protester Michael Custer, 46. "But we are arrested while we are expressing our constitutional right to free speech."

Once the theater traffic cleared, dozens of state troopers descended on the plaza and began arresting protesters and a journalist for the Nashville Scene, an alternative weekly newspaper.
 
2011-11-01 04:57:50 PM
Devaney's statement reads, "Legislative Plaza is the property of all Tennesseans, not just a small group of loiterers who would've served their cause better by simply occupying a restroom, instead of showing utter disregard for public property."

Classy fella. Smart, too.

Republicans, you elected this person. You selected him to represent you in the election and then voted for him. This is why people make fun of you.
 
2011-11-01 04:58:46 PM
Look. EVERYONE knows there are only 2 amendments to the Constitution: the 2nd and the 10th.

It's like Bible quotations...
 
2011-11-01 04:58:53 PM
It's one thing if there was a "curfew" always in place for the park, i.e. "the park's closed after 10pm" or whatever. But they just started the curfew on THURSDAY.

What farking excuse did they use to enforce a curfew? Was there rioting and looting? Farking ridiculous.

"OMG! People are using their First Amendment rights for reasons other than to keep a nativity scene in front of city hall or to protest abortion clinics -- SHUT IT DOWN, CLETUS!"
 
2011-11-01 04:59:57 PM
lockers: Good to see the Virginia Tea Party was right about the goovernment giving preferential treatment to OWS. I guess lazy hippies get all the breaks.

"DON'T VIOLATE THE FIRST AMENDMENT! Oh, these people are talking about something I disagree with? Crush 'em like bugs, then."

thelordofcheese: It's really sad to see that, while most people engaged in these protests are ignorant of so many facts, the police and those others who decry these protests are putting new bounds on ignorance.

They seem to know what's wrong with this country better than the people who are supposed to know about such things..
 
2011-11-01 05:03:56 PM
video man: The fark? A curfew? That's some goddamned bullshiat.

Walker: It's funny because the police would watch all these people coming out of theaters across from the protesters after curfew, not do a thing, wait for them to leave in their cars, then scream "WHARRGAAAAARBL YOU'RE OUT AFTER CURFEW!!!!" and arrest all the protesters.

This really happened

There was no noticeable law enforcement presence for nearly two hours after the curfew went into effect, while adjacent theaters let out and patrons filtered back through the plaza to their cars without being challenged for violating the restrictions.

"Nothing was done to them, they were not arrested," said protester Michael Custer, 46. "But we are arrested while we are expressing our constitutional right to free speech."

Once the theater traffic cleared, dozens of state troopers descended on the plaza and began arresting protesters and a journalist for the Nashville Scene, an alternative weekly newspaper.


Damned straight it's some bullshiat right there. A curfew for citizens in public places is unconstitutional if it's because they're protesting. If we were under attack or there were rioting or a war, maybe they could justify it after careful deliberation. The judge correctly named the curfew for what it was, prior restraint on the exercise of guaranteed first amendment rights.
 
2011-11-01 05:04:55 PM
thelordofcheese: Republicans, you elected this person. You selected him to represent you in the election and then voted for him. This is why people make fun of you.

Chris Devaney is the Chairman of the Tennessee Republican Party. He is not an elected government official.

He's still a jackass, but the party uses him as a mouthpiece in times like this so that he can say things that the real elected officials can't be heard saying.
 
2011-11-01 05:08:43 PM
sheilanagig: Damned straight it's some bullshiat right there. A curfew for citizens in public places is unconstitutional if it's because they're protesting. If we were under attack or there were rioting or a war, maybe they could justify it after careful deliberation. The judge correctly named the curfew for what it was, prior restraint on the exercise of guaranteed first amendment rights.

I'm very interested in the various ways that different governments are handling the situation. Here in Atlanta, the mayor decided to grnat them the power to stay through an Executive Order. Well, what Mayor gives, Mayor can take away, and he did so last week over the actions of those not connected to the Occupy Atlanta movement. It's much more difficult to get this into court, since they were there by his invitation.
 
2011-11-01 05:11:36 PM
So, the next step is for the police to arrest the judge?
 
2011-11-01 05:14:28 PM
sheilanagig: Texas might end up with a lot of explaining to do to the federal authorities if they keep it up.

I don't think that Texans worry about what all those socialists lead by that Kenyan Muslim "Nobama" have to say, they know that real 'murricans don't put up with that namby-pamby lazy communist "protesting" (they know that if they were real 'murricans they'd pull themselves up by their bootstraps and go out and get jobs and work 60 hour workweeks for minimum wage and be grateful for it!), they obey their Republican masters just like Baby Jeebus wants them to.

I worry about Texas sometimes.
 
2011-11-01 05:15:16 PM
OtherLittleGuy: So, the next step is for the police to arrest the judge?

nah. they'll arrest the protesters, and then 'accidentally' lose them in the system. after 48 hours they get released, after being humiliated and exposed to some of the worst conditions the cops could find in the local prison system.
 
2011-11-01 05:17:44 PM
Hey as long as teh protesters are not destroying public property or causing a rukus they can stay as long as they want.
 
2011-11-01 05:23:24 PM
Curfews are a crime in the first place. Either the curfew has to apply to everyone in the area at the same time(as in: arresting tourists too) or it's time to bust some politicians and cops heads for the crime of discrimination.

/So that simple minded republicans can understand this: A curfew that is only for kids, is a crime, as the curfew was unjustly put on all kids, for the crime of one kid.
//Either the cops can bust actual crimes, or the cops can be put in jail for abusing people in the name of the all mighty retard in charge.
 
2011-11-01 05:23:50 PM
Having the making of a federal court order is very powerful. Next time there are arrests the standard for the police to show cause will be higher, and you know the ACLU will be watching. A finding of contempt can land the police in hot water and give the protesters power of discovery to see who ordered the arrests and to look for undue influences.
 
2011-11-01 05:25:50 PM
We still have that?
 
2011-11-01 05:27:57 PM
groppet: Hey as long as teh protesters are not destroying public property or causing a rukus they can stay as long as they want.


nerdsincourt.files.wordpress.com


Could you describe the ruckus?
Especially anything that happened beneath a magnolia tree.
 
2011-11-01 05:30:00 PM
Get Lost: Curfews are a crime in the first place. Either the curfew has to apply to everyone in the area at the same time(as in: arresting tourists too) or it's time to bust some politicians and cops heads for the crime of discrimination.

/So that simple minded republicans can understand this: A curfew that is only for kids, is a crime, as the curfew was unjustly put on all kids, for the crime of one kid.
//Either the cops can bust actual crimes, or the cops can be put in jail for abusing people in the name of the all mighty retard in charge.


I've always thought we had a problem with extending constitutional protections to juveniles. Either they're citizens with the same protections as everybody else, or nobody can be a citizen under the age of 18. Let's be completely honest about the drinking laws too. They discriminate against people who are allowed to fight and die for their country, to vote, to get married and have children, but they don't have all of the same rights as people over 21. That seems like a violation of the 14th amendment equal protection clause.
 
2011-11-01 05:30:05 PM
 
2011-11-01 05:30:11 PM
jihad_cowboy: Having the making of a federal court order is very powerful. Next time there are arrests the standard for the police to show cause will be higher, and you know the ACLU will be watching. A finding of contempt can land the police in hot water and give the protesters power of discovery to see who ordered the arrests and to look for undue influences.
(emphasis mine)

Yeah right. That will never happen, never in a million years. It'll be secret, just like the person who tapped my phone back in '03.
 
2011-11-01 05:32:40 PM
groppet: Hey as long as teh protesters are not destroying public property or causing a rukus they can stay as long as they want.

Well then... I hope Wu-Tang doesn't join OWS; cause da ruckus will certainly be broughten.
 
2011-11-01 05:33:14 PM
HotWingConspiracy: We still have that?

oddly enough yeah - the first amendment is still around and kicking. But as with everything else in life ya gotta read the fine print. SCOTUS has consistently ruled that the GOVERNMENT can't suppress speech or the right to assemble. Private corporations though - THEY can largely work around most of that pesky amendment.
 
2011-11-01 05:42:10 PM
You think the cops are going to get anything thrown against them?
Just go up a few threads from this one and you'll see what happens
 
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