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CA judge rules that ramming someone with a shopping cart is protected political speech, so long as the person you are ramming is saying something you object to
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BravadoGT
2012-01-04 09:12:09 AM
Also, the rammed individual is a Jew.
doglover
2012-01-04 09:16:09 AM
soon.....
Theaetetus
2012-01-04 09:18:38 AM
Not so much, Subby.
First, the rammer was arrested for assault:
While the university has previously disciplined some of the event's participants and even had Husam Zakharia, the student who hit Felber with the shopping cart, arrested in connection with the incident...
Second, this lawsuit wasn't against the rammer - it was against the
university
for allowing harassment to happen. And as the judge said,
"the university did not have any obligation to intervene in any dispute where a private individual on campus was allegedly interfering with another's constitutional rights...
"The incident in which Felber was assaulted with a shopping cart, for example, did not occur in the context of her educational pursuit. Rather, that event occurred when she, as one person attempting to exercise free speech rights in a public forum, was allegedly attacked by another person who likewise was participating in a public protest in a public forum."
So, no, Subs, ramming someone with a shopping cart is
not
protected political speech, it's assault,
but
the university you attend is not responsible for fights that break out during public protests in a public forum.
Sybarite
2012-01-04 09:29:53 AM
Um, no. The court said that the plaintiff failed to show that the University bore culpability for the alleged battery. It should also be noted that the DA had previously declined to file charges against the alleged assailant because there was insufficient evidence to show that the contact was intentional. But please, don't let that get in the way of working up a good froth.
nopokerface
2012-01-04 09:41:39 AM
Except that's not at all what the judge said, or even what the case was about. But, it would be more fun that way, wouldn't it?
Wendy's Chili
2012-01-04 09:50:52 AM
While the university has previously disciplined some of the event's participants and even had Husam Zakharia, the student who hit Felber with the shopping cart, arrested in connection with the incident
A false headline leading to false Glenn Beck holy war race riot news. Stay classy, yahoo, admins.
Marcus Aurelius
2012-01-04 09:56:56 AM
The judge says she sued the wrong entity, but that's not going to stop FOX News from running with it.
The Onanist
2012-01-04 10:02:13 AM
Just to get this out of the way:
Hitler
Lucky LaRue
2012-01-04 10:26:35 AM
Theaetetus
:
So, no, Subs, ramming someone with a shopping cart is not protected political speech, it's assault, but the university you attend is not responsible for fights that break out during public protests in a public forum.
Well, then who is? We have a right to expect someone will take (fiduciary) responsibility for actions we find offensive. Right?
wejash
2012-01-04 10:40:20 AM
Is Drew sponsoring a "Most Inaccurate Headline" contest and I didn't get a memo?
I think confused-subby should ought themselves to get their award.
ultraholland
2012-01-04 10:40:49 AM
is subby being intentionally obtuse or is this a WND cross-post?
Magorn
2012-01-04 11:40:59 AM
Lucky LaRue
:
Theaetetus: So, no, Subs, ramming someone with a shopping cart is not protected political speech, it's assault, but the university you attend is not responsible for fights that break out during public protests in a public forum.
Well, then who is? We have a right to expect someone will take (fiduciary) responsibility for actions we find offensive. Right?
No but First Amendment caselaw is very clear that the right to free speech includes a right to expect state actors to physically protect you while speaking. Otherwise the right to free speech would only clude speech popular to the listeners.
A Fark Handle
2012-01-04 11:55:44 AM
wow, that's not even close to the article...
/was going to say something about right to swing your fist ends at another man's nose, but then i read TFA
jaylectricity
2012-01-04 12:25:25 PM
Lucky LaRue
:
Theaetetus: So, no, Subs, ramming someone with a shopping cart is not protected political speech, it's assault, but the university you attend is not responsible for fights that break out during public protests in a public forum.
Well, then who is? We have a right to expect someone will take (fiduciary) responsibility for actions we find offensive. Right?
The attacker is responsible. Wow, that was easy.
Wayne 985
2012-01-04 12:49:28 PM
Isn't The Blaze a Glenn Beck outlet?
Barricaded Gunman
2012-01-04 12:50:26 PM
Thanks for the breakdown,
Theaetetus
. I hereby conclude submitter is dumber than a barrel of hair and unworthy of future greenlights. Case closed.
All_Farked_Up
2012-01-04 12:52:36 PM
Why was this greenlit?
Maktaka
2012-01-04 12:53:29 PM
Be careful subby, your bigotry is showing. RTFA, don't just RTFHeadline.
steklo
2012-01-04 12:55:35 PM
Excuse me, do you have any Grey Poupon?
TheGreatGazoo
2012-01-04 12:55:53 PM
Does it count if they have 20 items in the 10 item express checkout?
I'm sure only Democrats do that. Or something.
Barnstormer
2012-01-04 12:56:24 PM
Lucky LaRue
:
Theaetetus: So, no, Subs, ramming someone with a shopping cart is not protected political speech, it's assault, but the university you attend is not responsible for fights that break out during public protests in a public forum.
Well, then who is? We have a right to expect someone will take (fiduciary) responsibility for actions we find offensive. Right?
Exactly. Love the handle, too.
Ain't hurtin' no body.... ain't hurtin' no one."
PanicMan
2012-01-04 12:56:50 PM
Wayne 985
:
Isn't The Blaze a Glenn Beck outlet?
Oh god dammit. Screw you, yahoo news.
chaddsfarkprefect
2012-01-04 12:57:00 PM
FTFA
:
Felber and another Jewish student claimed the University did not do enough to prevent the harassment which included the Muslim group conducting checkpoints around the campus. Students were asked if they were Jewish while passing the checkpoints.
Well, then. How pleasant
(if accurate).
Anagrammer
2012-01-04 12:57:04 PM
Ramming people with shopping carts is free speech in Berkeley?
Packs bags and shopping cart, heads for Berkeley...
GrumpusMaximus
2012-01-04 12:57:26 PM
Good. The next time I see someone with a three-ring binder full of coupons for 50 cents off a year's supply of Vaseline, I shall ram them back to the Stone Age.
Jake Havechek
2012-01-04 12:58:41 PM
Ramming a small child up the ass in the shower is okay if you're in the Penn State football program.
steklo
2012-01-04 12:58:54 PM
withnail420
2012-01-04 12:59:01 PM
Maktaka
:
Be careful subby, your bigotry is showing. RTFA, don't just RTFHeadline.
Careful now, what possible reason could someone possibly have for wanting to spin this story about a protest against the fascist, apartheid state that is Israel? I'm sure subby is just honestly mistaken and has no dog in this fight.
ultraholland
2012-01-04 01:01:06 PM
Jake Havechek:
Ramming a small child up the ass in the shower is okay if you're in the Penn State football program.
No, it's not okay; it's great.
Ed Willy
2012-01-04 01:02:03 PM
FTA
Felber and another Jewish student claimed the University did not do enough to prevent the harassment which included the Muslim group conducting checkpoints around the campus. Students were asked if they were Jewish while passing the checkpoints.
When part of your argument is "The university didn't stop Muslim students from creating checkpoints as a political statement against Israel's use of checkpoints", yeah, you are going to lose the case, even if you have a stupid student ramming someone with a shopping cart.
withnail420
2012-01-04 01:02:47 PM
chaddsfarkprefect
:
FTFA: Felber and another Jewish student claimed the University did not do enough to prevent the harassment which included the Muslim group conducting checkpoints around the campus. Students were asked if they were Jewish while passing the checkpoints.
Well, then. How pleasant
(if accurate).
The reason they did this is because in Israel, if you are NOT Jewish, you will be discriminated against. Also, I've heard of this group before, and spinning them as simply a muslim group simply isn't true. Don't believe everything that you read. And take note of who writer it.
MythDragon
2012-01-04 01:02:55 PM
All aboard the Obama lover's shopping cart ride!
No, the shopping carts ride on top of *you*. It ends when the last cart runs over you.
/Protected free speech assualt FTW!
mauricecano
2012-01-04 01:03:00 PM
Magorn
:
Lucky LaRue: Theaetetus: So, no, Subs, ramming someone with a shopping cart is not protected political speech, it's assault, but the university you attend is not responsible for fights that break out during public protests in a public forum.
Well, then who is? We have a right to expect someone will take (fiduciary) responsibility for actions we find offensive. Right?
No but First Amendment caselaw is very clear that the right to free speech includes a right to expect state actors to physically protect you while speaking. Otherwise the right to free speech would only clude speech popular to the listeners.
HAHAHAHHA NO! Please point out where it says the state must protect you in any speaking circumstance? In fact, the case is is clear the state is under no obligation to protect you which you learn in Con law 101. You do not have any right to state protection when you are practicing your political speech. Police are empowered to protect the general welfare and that doesn't include the individual.
However, when the state setups a venue for you to practice speech then they could be liable if the venue wasn't properly setup to anticipate certain foreseeable acts. Example: the police will barricade hate groups off from other groups because there is a high probability of physical violence. The police do this to protect the general public, not ensure the group speaking is allowed to speak. Similarly, anti-hate protest groups can easily drown out the hate group speech with blow horns, loud mics, etc and the police will not step in to quiet them so the hate group can get their message across. Speech of one kind drowning out speech of another kind is perfectly acceptable but under your theory would be some sort of criminal act since the unpopular speech is drown out.
When you setup your own venue for speaking you are responsible for the security at that venue. You have to pay for that security out of your own pocket, even if the security is the local cops you have to pay the going rate to the police department to staff the venue. Failure to properly secure the venue can make you liable if anything occurs. Example: any type of speaking event at the national mall must have a permit and must submit a detailed security plan to ensure the general welfare will be kept. Guess who pays for the security plan? (hint: it isn't the tax payers)
Jake Havechek
2012-01-04 01:04:03 PM
Israel an aparthied state that discriminates against non Jews? That's unpossible!
ArcadianRefugee
2012-01-04 01:06:31 PM
A Fark Handle
:
wow, that's not even close to the article...
But it
is
dead-on to what Jihad Watch founder Robert Spencer is trying to get us to believe. FTA: 'the judge's decision affirms that Muslims assaulting Jewish students is now protected speech.'
RatOmeter
2012-01-04 01:07:24 PM
I strongly believe in the right of Muslim students and Jewish students to go over to the middle-east and ram each other with bayonets.
snowshovel
2012-01-04 01:08:12 PM
Once again, whether the headline is accurate or not, this is just more proof of Obama leading us into a Eopean nanny state, poisoning the well that makes America great under one God.
RatOmeter
2012-01-04 01:08:51 PM
Gah, hit "add comment" too soon.
Why did this become an issue of free speech instead of simple assault?
HAMMERTOE
2012-01-04 01:08:59 PM
Clearly the Jewish students should have conducted random suicide bombings at the checkpoints and other strategic points around campus to demonstrate which was the greater of the two evils perpetrated by the opposing Middle Eastern cultures.
masercot
2012-01-04 01:10:55 PM
Headline was a lie...article was a lie...
A waste of time...
vestona22
2012-01-04 01:11:02 PM
FTA: "A judge has stated that Muslim students who allegedly harassed Jewish students and even assaulted a woman with a cart was engaging in protected political speech."
Grammatically incorrect, but it seems to agree with Subby's headline.
GameSprocket
2012-01-04 01:11:31 PM
steklo
:
Mmmm, how much does she cost?
Queensowntalia
2012-01-04 01:12:27 PM
Oh geez, someone from a
hate group
"organization" called "Jihad Watch" was quoted. Sterling piece of inflammatory garbage.
Anyone involved in such an organization can go fark themselves.
steklo
2012-01-04 01:13:25 PM
GameSprocket
:
steklo:
[www.fugly.com image 450x316]
Mmmm, how much does she cost?
I would imagine, she's pretty cheap. She's been "damaged". More then likely she was found near the cheap bin.
ProfessorOhki
2012-01-04 01:13:35 PM
I say we build a dome over Berkeley to keep it from spreading.
liam76
2012-01-04 01:14:57 PM
Ed Willy
:
FTAFelber and another Jewish student claimed the University did not do enough to prevent the harassment which included the Muslim group conducting checkpoints around the campus. Students were asked if they were Jewish while passing the checkpoints.
When part of your argument is "The university didn't stop Muslim students from creating checkpoints as a political statement against Israel's use of checkpoints", yeah, you are going to lose the case, even if you have a stupid student ramming someone with a shopping cart.
Depending on what the checkpoint consisted of I would say it isn't protected speech.
In the Apartheid Week protests as described in the lawsuit, students dressed as soldiers carry fake assault weapons and demand to know whether passing students are Jewish.
(new window)
If a bunch of students got in costume with fake weapons and created checkpoints demanding to know about one group in particular I can see that crossing the line.
Teen Wolf Blitzer
2012-01-04 01:15:09 PM
All_Farked_Up
:
Why was this greenlit?
Some of us haven't discovered reddit yet.
lilbjorn
2012-01-04 01:15:31 PM
So assault is free speech now? Good to know.
theodicey
2012-01-04 01:16:08 PM
Just another day at the Berkeley Bowl.
Rapmaster2000
2012-01-04 01:18:13 PM
Why Schlomo can't read.
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