Posted on 03/08/2005 9:20:28 AM PST by woofie
TAOS— The town of Taos might not approve of a banner emblazoned with the words "Fire Rumsfeld," but it can't keep a community group from hanging it prominently over the town's main drag, a state district judge ruled Monday.
The town had sought to keep the words— referring to Defense Secretary Donald Rumsfeld, who lives in Taos part time— off a banner advertising a peace rally slated for March 19. That prompted Action Coalition of Taos to go to court seeking a temporary restraining order against the town.
At Monday's hearing, District Judge Peggy Nelson said the words are not insulting or libelous, and the speech deals with a common debate taking place.
"I think what the town is trying to do is place limits on the First Amendment," Nelson said before granting the restraining order.
Rally organizers said they planned to hang the banner this morning across Paseo del Pueblo Norte in front of Kit Carson Park. The space is set aside by the town to advertise events in the community. The peace rally will mark the second anniversary of the U.S. invasion of Iraq. The banner says, "Act Against Empire; A.C.T. Now for Peace; Fire Rumsfeld! Peace Rally Plaza Sat. 3/19, 4:00."
"My concern is for the general welfare of the community," said assistant town attorney Renee Barela-Gutierrez after the hearing. "Hopefully this will be a peaceful rally."
During the hearing, Barela-Gutierrez argued that the town was merely applying the rules and regulations it applies to everyone else. She said the U.S. Supreme Court has found that not all speech is protected by the First Amendment.
Fighting words and speech that is lewd, obscene, profane and libelous aren't covered, Barela-Gutierrez said.
A banner similar to the one that A.C.T. wants to hang was displayed in October 2003, and it "caused a breach of the peace," upsetting many members of the public, she added.
But Jeffrey Haas, a civil rights attorney in Taos, countered that the words on the banner are not incendiary.
"We're saying he should no longer be working in the position of secretary (of defense)," Haas said.
He said the group believes the town doesn't want the banner up because it doesn't agree with the message. Haas argued that the town has allowed banners that say "support our troops" and one that said something like, "The town of Taos Welcomes Dick Cheney and Donald Rumsfeld."
"You can't put up one side and not the other," Haas said, adding that the banner is not a personal attack against anyone.
Among the plaintiffs who sought the temporary restraining order was Cliff Bain, a Taos general contractor and sometimes political candidate.
"I think the law is clear, but it's a good day for the Constitution," Bain said after Nelson granted the restraining order.
Asshat or loser...I can't decide.
free to be stupid
Taos is a s**thole
Can't stop someone from tearing it down either.
Another group needs to hang one that says "Leftists and Peacniks are Unpatriotic".
Never heard of, "Taos."
Any FReepers near there to counter?
Great skiing.
What a bunch of idiots. Don't they have anything better to do?
Or, do they just want to advertise their stupidity for everyone to see?
They have accomplished that!
Free speech is a two way street...
The old saying is, "I might hate what you're saying, but I'd die for your right to say it."
I love Rummy! But after spending months complaining about professors who won't let students have a conservative voice, I have to say, one has to let the opposition talk.
Now that doesn't mean I don't think we ought to put up a counter banner, either. If I was in Taos, I would be working to do just that.
But I do think tearing down the banners we don't like is destroying some one else's property, and that's not right either....Better yet is to put up my banner where it blocks his!
Heh! I've lived in Colorado my whole life (except for when I served) and have yet to successfully slide down a mountain without series injury.
I live a couple blocks from the beach and wouldn't try to ride a wave without a boat and an engine, so we even.
"Bomb Taos"
So? Just hang a bigger sign in FRONT OF their sign that supports Rummy. Simple.
Moonbats on Parade...
This is really a rather stupid move by the lefties. Every person who isn't a flaming liberal loon will look at this stupid banner and get PO'd. I'm always happy to see the RATs shoot themselves in the foot (or elsewhere).
I say the more signs the better for that very reason.
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