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To: TurboZamboni; All
Thank you for referencing this story TurboZamboni. Please bear in mind that my critique below is directed to tim brown and not you.

Not only do we need to consider both sides of this issue, but beware of PC interpretations of the Constitution where our 1A protected rights are concerned.

More specifically, the Founding States had not intended for our 1A rights to be absolute. This is evidenced by the Founding States having decided that prohibitions of government power in the BoR did not apply to the states. In fact, consider the following excerpt from Thomas Jefferson's writings concerning "free" speech.

"3. Resolved that it is true as a general principle and is also expressly declared by one of the amendments to the constitution that ‘the powers not delegated to the US. by the constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people’: and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the US. by the constitution, nor prohibited by it to the states, all lawful powers respecting the same did of right remain, & were reserved, to the states or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated rather than the use be destroyed (emphasis added); …" --Thomas Jefferson, Kentucky Resolutions, 1798.

Note that state power to regulate our constitutional rights is now limited by the 14th Amendment.

9 posted on 05/31/2013 6:25:05 PM PDT by Amendment10
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To: Amendment10
Hrm, particularly ironic considering your screen-name; but the 10th would indicate this rightly is a State issue (esp that the 1st Amendment applies only to congress, the 14th cannot be held to apply to state or local government w/o magically changing 'Congress' to mean any Legislative body) -- but the PA Constitution says, in Art 1, Sec 7:
Section 7. - Freedom of Press and Speech; Libels
The printing press shall be free to every person who may undertake to examine the proceedings of the Legislature or any branch of government, and no law shall ever by made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. No conviction shall be had in any prosecution for the publication of papers relating to the official conduct of officers or men in public capacity, or to any other matter proper for public investigation or information, where the fact that such publication was not maliciously or negligently made shall be established to the satisfaction of the jury; and in all indictments for libels the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.

10 posted on 05/31/2013 7:11:30 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Amendment10

The story in the original post happened in a National Park. Who has the jurisdiction?


21 posted on 06/01/2013 8:43:48 AM PDT by Cyber Liberty (I am a dissident. Will you join me? My name is John....)
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