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Chinese lawyer detained for invoking constitution
Associated Press ^ | Dec 12, 2014 6:17 AM EST

Posted on 12/12/2014 9:30:59 AM PST by Olog-hai

At least 260 Chinese lawyers signed an open letter of protest on Friday after a fellow attorney was detained by police for defying a judge by invoking the constitutional rights of free speech and religion in court.

Zhang Lei, a lawyer who drafted the open letter condemning the police action in the northeastern province of Jilin, said Zhang Keke was hauled away from the court on Thursday and detained for six hours over his statements in court while defending a member of the banned spiritual group Falun Gong.

“How can a lawyer not speak of law in court? We have found it to be too absurd,” Zhang Lei said. “It violated the basic rights of lawyers.” …

(Excerpt) Read more at hosted.ap.org ...


TOPICS: Crime/Corruption; Government
KEYWORDS: constitution; falungong; redchina
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1 posted on 12/12/2014 9:30:59 AM PST by Olog-hai
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To: Olog-hai

The Chinese Constitution includes protections for the right to free speech and freedom of religion?

I did not know that.


2 posted on 12/12/2014 9:33:39 AM PST by WayneS (Don't blame me, I voted for Kodos.)
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To: Olog-hai

Coming soon to the US.


3 posted on 12/12/2014 9:33:56 AM PST by Blood of Tyrants (Good Muslims, like good Nazis or good liberals, are terrible human beings.)
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To: Olog-hai

What’s the difference between the Chinese Constitution and the American Constitution?

Under the Chinese Constitution you have freedom of speech. Under the American Constitution you have freedom after speech.


4 posted on 12/12/2014 9:35:18 AM PST by buridan
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To: buridan

Not so much anymore if you criticize protected classes.


5 posted on 12/12/2014 9:42:59 AM PST by Resolute Conservative
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To: Olog-hai

The Constitution doesn’t grant rights, it recognizes rights you possess because you are a human being created in the image of God.

Apparently the Chinese government doesn’t agree.

Shocking... /sarcasm


6 posted on 12/12/2014 9:49:09 AM PST by MAexile (Bats left, votes rights)
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To: WayneS

Every nation’s written constitution lists rights such as freedom of speech. Even the constitutions of the Islamic Republic of Iran and the former Soviet Union.

In most cases, they don’t honor them. In the USSR, they were not considered individual rights granted by God, but rather “collective rights” administered by the state. In Iran those rights are specifically trumped by the rule of islamic law.

But they sure look nice in a constitution.


7 posted on 12/12/2014 9:54:31 AM PST by henkster (Do I really need a sarcasm tag?)
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To: Olog-hai

Our 1, 2, 4, 5, 9, and 10th Amendments (at least) are largely either dead, deceased, departed, or “gone with the wind.”

Seems only the phuquing 16th Amendment remains alive and well?


8 posted on 12/12/2014 9:54:49 AM PST by faithhopecharity ((Brilliant, Profound Tag Line Goes Here, just as soon as I can think of one..))
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To: WayneS

Hey so does ours. That doesn’t stop the Left .................


9 posted on 12/12/2014 9:55:02 AM PST by Red Badger (If you compromise with evil, you just get more evil..........................)
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To: Olog-hai
From wiki:

"The Constitution of the People's Republic of China ... is nominally the supreme law within the People's Republic of China. The current version was adopted by the 5th National People's Congress on December 4, 1982, with further revisions in 1988, 1993, 1999, and 2004. Three previous state constitutions—those of 1954, 1975, and 1978—were superseded in turn."

This is an excellent example of a "living" constitution that the liberals insist is so much better. When a constitution is so easily changed then the recognized rights of those supposedly protected by it are easily changed and it becomes just another tool of oppression, recognized and enforced only in situations convenient to a government at that time.

10 posted on 12/12/2014 9:57:01 AM PST by gnarledmaw (Hive minded liberals worship leaders, sovereign conservatives elect servants.)
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To: buridan

No, the PRC’s constitution merely says that the citizen “enjoy(s)” freedom of speech. The US Constitution’s First Amendment specifically prohibits Congress from abridging freedom of speech.

Communist constitutions always include mockeries of the USA’s First Amendment that do not hold the same meaning, spirit or power as the original; the USSR’s “freedom of speech” was stipulated with the caveat of having “conformity with the interests of the working people, and in order to strengthen the socialist system” (Article 125, 1936 constitution; Article 50 of the 1977 constitution changed this to being “[i]n accordance with the interests of the people and in order to strengthen and develop the socialist system”).


11 posted on 12/12/2014 9:59:19 AM PST by Olog-hai
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To: henkster

Our constitution is becoming as relevant as that of the USSR.


12 posted on 12/12/2014 10:03:22 AM PST by aquila48
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To: aquila48

Looks great on that old wrinkly paper though.


13 posted on 12/12/2014 10:13:29 AM PST by henkster (Do I really need a sarcasm tag?)
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To: Olog-hai

FWIW:

According to SCOTUS the Constitution only grants privileges not rights. Rights are only granted to the only specific people mentioned: the Treaty Indian Tribes.

All the rest of us suckers have mere privileges, which according to SCOTUS can be revoked at any given time. They found this notion in three cases. Sorry, the only one I can cite specifically does not exactly mention it, but it is there: Washington vs Fishing Vessel 1978.


14 posted on 12/12/2014 10:23:02 AM PST by PIF (They came for me and mine ... now it is your turn ...)
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To: PIF

Then the “alter or abolish” principle of the Declaration of Independence applies, if the USSC will not interpret the Constitution correctly.


15 posted on 12/12/2014 10:34:59 AM PST by Olog-hai
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To: PIF
True. Scalia in Heller Vs DC, opined that rights were not unlimited. Joy.
16 posted on 12/12/2014 10:42:20 AM PST by Theoria (I should never have surrendered. I should have fought until I was the last man alive)
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To: henkster

Yeah, it’s like the US Constitution’s 10th Amendment. It’s right there between the ninth and eleventh yet no one can ever find it.


17 posted on 12/12/2014 10:43:55 AM PST by freedomfiter2 (Brutal acts of commission and yawning acts of omission both strengthen the hand of the devil.)
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To: Olog-hai

dude... it’s like North Korea and Cuba, their Constitution is a joke for external consumption only. I would bet that it is illegal to even read the Constitution of North Korea in that country.


18 posted on 12/12/2014 10:46:26 AM PST by GeronL (Vote for Conservatives not for Republicans)
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To: WayneS

Their Constitution is meaningless. North Korea is a democracy with free speech and stuff too, lol


19 posted on 12/12/2014 10:47:18 AM PST by GeronL (Vote for Conservatives not for Republicans)
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To: Red Badger

Good point.


20 posted on 12/12/2014 10:49:52 AM PST by WayneS (Don't blame me, I voted for Kodos.)
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