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Can Government Officials Have You Arrested for Speaking to Them?
The Atlantic ^ | JAN 15, 2018 | Garrett Epps

Posted on 01/16/2018 10:19:18 AM PST by nickcarraway

The Supreme Court faces a test of the authority of politicians to use police to silence their critics.

If a citizen speaks at a public meeting and says something a politician doesn’t like, can the citizen be arrested, cuffed, and carted off to the hoosegow?

Suppose that, during this fraught encounter, the citizen violates some law—even by accident, even one no one has ever heard of, even one dug up after the fact—does that make her arrest constitutional?

Deyshia Hargrave, meet Fane Lozman. You need to follow his case.

Hargrave is a language arts teacher in Kaplan, Louisana. She was arrested Monday after she questioned school-district policy during public comment at a school board meeting.

She asked why the superintendent of schools was receiving a five-figure raise when local teachers had not had a permanent pay increase in a decade. As she was speaking, the school-board president slammed his gavel, and a police officer told her to leave. She left, but once she went into the hall, the officer took her to the ground, handcuffed her, and arrested her for “remaining after having been forbidden” and “resisting an officer.”

Fane Lozman, whose case will be argued in front of the Supreme Court on February 27, faced the same fate at a meeting of the Riviera Beach, Florida, city council in November 2006. Lozman, remarkably enough, has made his way to the high court more or less without assistance twice in the past four years, arguing two different aspects of his acrimonious dispute with the Riviera Beach city government. The first case, which Lozman won, asked whether his motorless plywood “floating home” was actually a “vessel” subject to federal admiralty law. (Answer, via Justice Stephen Breyer: “Um, no.”) The second case is about police tactics at public meetings; its result could make

(Excerpt) Read more at theatlantic.com ...


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS: education; louisiana
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1 posted on 01/16/2018 10:19:18 AM PST by nickcarraway
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To: nickcarraway

This man disappeared shortly thereafter. We fear that he went into The Camps and never came out.

2 posted on 01/16/2018 10:23:20 AM PST by ClearCase_guy (Benedict McCain is the worst traitor ever to wear the uniform of the US military.)
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To: nickcarraway
A public meeting on public property?

Some natural rights lawyer should have a field day with this one.

3 posted on 01/16/2018 10:24:07 AM PST by Slyfox (Not my circus, not my monkeys)
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To: nickcarraway
If a citizen speaks at a public meeting and says something a politician doesn’t like, can the citizen be arrested, cuffed, and carted off to the hoosegow?

Yes, apparently, such a person can be arrested, cuffed, and carted off to the hoosegow, because it happened.

The better questions are:

A) Should such a person be arrested, cuffed, and carted off to the hoosegow, and my is an emphatic NO, and,

B) Is it constitutional for such a person to be arrested, cuffed, and carted off to the hoosegow, and I certainly hope our supreme court rules that it is not.

4 posted on 01/16/2018 10:26:02 AM PST by WayneS (An appeaser is one who feeds a crocodile, hoping it will eat him last. - Winston Churchill)
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To: nickcarraway

This appears to be a state action issue that the feds have no say over.

At the FL state level, the issue should be taken up by the FL State courts to determine whether that police action was according to the FL State Constitution. I doubt it was.


5 posted on 01/16/2018 10:26:11 AM PST by Jim W N
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To: WayneS
Correction.

...and my answer is an emphatic NO...

6 posted on 01/16/2018 10:27:17 AM PST by WayneS (An appeaser is one who feeds a crocodile, hoping it will eat him last. - Winston Churchill)
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To: Jim 0216

Conspiracy against rights, 18 USC 241

https://www.law.cornell.edu/uscode/text/18/241


7 posted on 01/16/2018 10:32:09 AM PST by SauronOfMordor (Socialists want YOUR wealth redistributed, never THEIRS!)
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To: Jim 0216

The Federal government always has an interest in civil rights violations. Even if they happen in Louisiana...


8 posted on 01/16/2018 10:33:01 AM PST by null and void ( Trump's not politically correct, he's just correct.)
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To: nickcarraway

Lawyers are among the few professions that need to break more things in society the more of them there are.

The power of the Bar needs to be shattered.


9 posted on 01/16/2018 10:33:24 AM PST by Rurudyne (Standup Philosopher)
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To: nickcarraway
2nd Protects 1st and Who's on 3rd?


"...who, being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavoring to impose them on others, hath established and maintained false religions over the greatest part of the world, and through all time;
 
...
 
 that it is time enough for the rightful purposes of civil government, for its officers to interfere when principles break out into overt acts against peace and good order; and finally, that truth is great and will prevail if left to herself, that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless by human interposition disarmed of her natural weapons, free argument and debate, errors ceasing to be dangerous when it is permitted freely to contradict them. "
 
"I HAVE SWORN UPON THE ALTAR OF GOD ETERNAL HOSTILITY TO EVERY FORM OF TYRANNY OVER THE MIND OF MAN"
--The Virginia Act For Establishing Religious Freedom
--Thomas Jefferson, 1786
 

10 posted on 01/16/2018 10:33:59 AM PST by HLPhat ("TO SECURE THESE RIGHTS" -- Government with any other purpose is not American.)
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To: SauronOfMordor

Conspiracy against rights, 18 USC 241

https://www.law.cornell.edu/uscode/text/18/241

I see no authority delegated to the feds by the Constitution to validate this law. IMO, it is an unconstitutional and, thus, illegal statute. and should be rejected and nullified by the states and overturned at the federal level.


11 posted on 01/16/2018 10:36:20 AM PST by Jim W N
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To: Slyfox

Until these political clowns start suffering personally for their abuses of fellow citizens nothing will change. The consequences of their stupidity and abuse of public trust is that the gubment entities pay for their crimes. In other words, the people pay themselves for the crimes of their own elected representatives. There is no personal accountability or consequence.

It remains a mystery to me now the appraisal board can aggressively raise taxes on their fellow citizens with such glee and insensitivity? They simply do not care about the consequences of their actions since they are not personally affected. They are like kapos and deserve the very same ultimate treatment.


12 posted on 01/16/2018 10:36:36 AM PST by Sequoyah101 (It feels like we have exchanged our dreams for survival. We just have a few days that don't suck.)
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To: nickcarraway

More info on Deyshia:

https://heavy.com/news/2018/01/deyshia-hargrave-vermilion-louisiana-teacher-arrested-video/


13 posted on 01/16/2018 10:40:39 AM PST by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: Rurudyne
>>The power of the Bar needs to be shattered.

 

"Are you not aware that we pigs school board presidents are the brainworks of the farm?  It is for your benefit that we eat all the apples, drink all milk, and sleep in the beds of the farmhouse - WIF SHEETS!"

https://www.marxists.org/subject/art/literature/children/texts/orwell/animal-farm/ch03.htm

 



14 posted on 01/16/2018 10:41:39 AM PST by HLPhat ("TO SECURE THESE RIGHTS" -- Government with any other purpose is not American.)
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To: nickcarraway

This headline is misleading. This is about keeping order at a public meeting. I sit on a school board, and open meetings are designated as limited public forums, meaning that citizens have a right to speak, but for a limited period of time and within the rules of decorum.

If this were not enforced, every board meeting would become a shouting match and nothing would be accomplished. This teacher certainly has the right to express her opinion to board members within the limits of the Open Meetings law, and can express them to her heart’s content outside the confines of the board meeting.

I think taking her to jail is indefensible, but she can certainly be told to sit down and be quiet so others can express their views and the meeting can proceed.


15 posted on 01/16/2018 10:43:58 AM PST by con-surf-ative
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To: SauronOfMordor
The first part applies here.

But what about the second part? If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured...

Would a burqa count as a disguise?

16 posted on 01/16/2018 10:44:51 AM PST by omega4412
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To: HLPhat

Correct them?


17 posted on 01/16/2018 10:46:13 AM PST by JimRed ( TERM LIMITS, NOW! Build the Wall Faster! TRUTH is the new HATE SPEECH.)
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To: ClearCase_guy
I had a very good friend, departed for some years now. He was like the grandfather I never got to have. And he had been great friends with Norman Rockwell. The two served on numerous committees together in the Boy Scouts.

That painting is the only art by Rockwell that my friend had hanging on the wall in his house. Its message meant that much to him.

18 posted on 01/16/2018 10:47:20 AM PST by Ciaphas Cain (Liberalism, as with all else evil, can never create. It can only corrupt.)
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To: WayneS

A few years ago one of the local governments around here jailed a woman over $162 in unpaid wage tax.

So I suppose anything is possible.


19 posted on 01/16/2018 10:49:22 AM PST by Buckeye McFrog
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To: nickcarraway

In a fascist dictatorship, yes. The point is to kick the f*cking fascists the hell out of office.


20 posted on 01/16/2018 10:52:32 AM PST by I want the USA back (Lying Media: completely irresponsible. Complicit in the destruction of this country.)
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