Judge: Occupy tents are Free Speech
Jason sends us a link from the Boise Guardian which reports a US District Court judge declared that tents are free speech, and if there are no tents, the Occupy movement is rendered pointless;
Winmill found the new state law “only prohibits ‘sleeping’ and ‘camping’ on state grounds and does not purport to ban the maintenance of a symbolic tent city which could be staffed 24 hours a day and 7 days a week. Yet Gov. Otter’s letter announcing his signing of the legislation appears to require the removal of all tents, and that appears to be how the State Police are interpreting the law. Such action is simply not authorized by the statute.”
The judge also said, “Because the reach of the State’s enforcement may exceed the grasp of the statute, this creates the appearance that the state is stretching to suppress the core political message of Occupy Boise – its tents – as presented in a public forum. These circumstances render the State’s enforcement policy of removing Occupy Boise’s tents presumptively invalid under the 1st Amendment.”
In describing Otter’s eviction order for Occupy Boise, Winmill wrote, “Governor Otter’s edict, and the stated intention of the State Police, is to remove Occupy Boise entirely – tents and all. … This creates the appearance that the State is stretching to shut down a political message – a tent city – presented in a public forum.”
I guess no one has thought for a moment that the Occupy movement is pointless with or without their symbolic tents. And since everything seems to be free speech these days, the first hippie to get his lights punched out as an expression of free speech had better be prepared to except the judge’s ruling.
Category: I hate hippies, Legal, Occupy
Various viruses and bacterial also like their “freedoms.”
Unfortunately, they have both the ability and the inclination to overrule any judge’s decision.
I just hope no city finds out how unwise these tent cities are by an outbreak of plague.
…..flippin’ face palm for nearly our entire Justice system….
I have personally had a craptastic day in our judicial system and this judge, along with the one who dismissed the charges against the Muslim man for assaulting the zomby Mohammed lead me to ask the only question left – where did you idiots go to law school and was the Con. Law not taught there? Oh, or was it taught by instructor Obama.
How does he fucking figure?
Judge Lynn Winmill can Occupy the corn in my shit.
That takes a special kind brain to come up with this decision.
Perhaps the Judge would consider being studied for Judicial-Onset Dementia, aka ShitForBrains.
Our local “movement” has been thrown off multiple public areas in the name of sanitation issues so they’ve resorted to wandering the city and putting up a tent and a few cardboard boxes to remind everyone (painfully) they are still there. What I don’t get is I can get fined for tossing a Big Mac container on the ground for littering but these fools are left to toss out their stinky tents in the name of “free speech.” Even our county’s historical society has bowed to their pandering asking for a few tents for a new exhibit on the “impact” of their movement. The real icing on the cake? They made a point to ask for tents that showed dirt and grime “ones that really weathered the elements.” LMAO
The Occutards have “free speech” to be in a park, yet most cities and states close down parks, either at dark, 11pm or midnight, and real citizens get asked to leave the park? Must be that some are just more “equal” under the law than others.
@ #8- UpNorth: There it is…
Gonna start toting a tent around. See how long it takes to get arrested for putting it up in places the locals might not want it.
Or, a bunch of us could vacation in Boise this summer? Have tent, will travel. Make our own tent city. Also a free speech issue – except that we would have flags properly displayed and such. We might even be able to learn how to do that rolling chant thing?
Problem is that as soon as someone figured out we were saying “USA” and actually made sense, we would be run out!
That seals it! I’m gonna join OWS! Why pay a $1,100 a month mortgage when I can pitch my tent in the “Green Space” park in downtown Phoenix? One of the buildings in the City of Phoenix campus has lockers and showers in the basement. There is a full kitchen on the 4th floor so I’m set!
How forkin’ stupid can this ‘learn-ed’ gentleman be?! The Ocutards say there’s a revolution coming and there will be just not what they think it’s gonna be.
If the good educated judge thinks that OWS tents are “free speech”, then maybe he’ll let the nasty filthy dirty hippies camp in and contaminate either his backyard or the courthouse grounds.
Whadda ya think the chances are?
His front yard rather than his back yard, B Woodman. Symbolic speech is better when it can be seen by passers-by.
And I’d give it the same chances as a late June snowfall in Phoenix, AZ. (smile)
Two thoughts:
How is it that when a Veteran puts up a flagpole on their own property, or paints their garage door or house in a patriotic manner, they are sued by their “home owners association” and forced to take down the pole or repaint their house. Isn’t this a violation of their free speech more so then a “symbolic” tent city? Isn’t manning a “symbolic” tent city camping?
How is it that just about anything under the sun can be considered free speech/1st ammendment rights and protected by law but anything second ammendment related is constantly under attack? Maybe an argument can be made that keeping and bearing arms is free speech.
Otter became Governor of Idaho after Animal House? Way to go Delta House!!!
[…] Car parking is not free speech either March 10th, 2012 Jason sends us a link from the Idaho Statesman which tells the story of an Air Force veteran who decided to test the judicial decision from last month which declared that Occupy Boise’s tents were free speech. […]