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To: dayglored
If he wants to fight the school-board policy and/or the state statue, getting arrested might not be the best way to start the ball rolling. Then again it might, if he doesn't mind the arrest record.

If he feels the statute or school board policy deprives him of an inalienable right, he has to be arrested so he can challenge the legitimacy of the statute in court.

Without the arrest, there has been no deprivation, so he would lack any legal standing to challenge it.

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(That's the way I understand it to work, anyway)

:-)

16 posted on 10/31/2006 5:47:38 AM PST by MamaTexan (I am not a ~legal entity~, not am I a 'person' as created by law.)
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To: MamaTexan
> Without the arrest, there has been no deprivation, so he would lack any legal standing to challenge it.

IANAL, but I think you're right. And as a private citizen doing civil disobedience, that's exactly the way to go.

Nevertheless, my concern was that as a politician, running for State office, carrying around an arrest record for breaking state law seems sorta undesirable. Voters often don't pick up on the fine points of civil disobedience theory -- they just see that he broke the law and was arrested.

17 posted on 10/31/2006 6:07:52 AM PST by dayglored (Listen, strange women lying in ponds distributing swords is no basis for a system of government!)
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