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To: MindBender26
Your legal point isn't a legal point at all. She had be recognized to speak and was speaking, it doesn't matter in which direction she is speaking or whom she is addressing specifically. When speaking at a town meeting where residents are gathered, are you claiming that a recognized speaker can only speak specifically to the town council? There wouldn't be any reason for a public meeting then would there?

The fact are as follows. The woman in the video had already been recognized and she had the floor. Council members began speaking over her as soon as she began speaking. The mayor, the person in charge of, and running, the meeting continuously told the police to step back as she was the recognized speaker.

There is no legal justification for the police taking her into custody. The are breaking the law by doing so. Now...I don't know if the police officers are national socialist workers party members or not, but they have no problem breaking the law and acting in the manner of the gestapo. The police forcibly detained and removed the recognized speaker. In a lot of jurisdictions that would be considered kidnapping. Perhaps the term nazi is inflammatory rhetoric, but honestly, don't these thugs deserve it?

15 posted on 07/07/2011 6:37:22 AM PDT by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
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To: Durus

Agree that council acted stupidly. Their egos were under attack, but that’s part of public service. Problem could have been resilved by recognizing all speakers for two minutes, then extending time as needed if the body so decides.

As far as sustaining a charge of kidnapping, that would not fly. False arrest possible, but generally, kidnapping occurs when a person, without lawful authority, physically asports (i.e., moves) another person without that other person’s consent, with the intent to use the abduction in connection with some other nefarious objective. Under the Model Penal Code (a set of exemplary criminal rules fashioned by the American Law Institute), kidnapping occurs when any person is unlawfully and non-consensually asported and held for certain purposes. These purposes include gaining a ransom or reward; facilitating the commission of a felony or a flight after the commission of a felony; terrorizing or inflicting bodily injury on the victim or a third person; and interfering with a governmental or political function.

Could not kidnapping because she was not being held for a
nefarious objective. False arrest as a civil matter is a possibility.


51 posted on 07/07/2011 7:48:45 AM PDT by MindBender26 (Forget AMEX. Remember your Glock 27: Never Leave Home Without It!)
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