- Joined
- Nov 8, 2010
- Messages
- 3,747
- Reaction score
- 1,260
- Gender
- Male
- Political Leaning
- Conservative
A small minority broke other laws. That is a completely seperate issue.
I wouldn't disagree that people have come up with reasons. The free exercise of our rights are not always a pretty controlled thing. They are not required to be.
Absolutely you do within the law. We are all citizens, and I have the right to go about my day and ignore your protest don't I?
What about this pesky thing....
One big reason : You do not have a right to trash my rights while deciding what your rights are.
Not trying to be dimissive but this statement really isn't saying anything. I've made many points about the societal costs of our rights and how the curtailment of them can and is abused and this is the reply?
And I have the made the points, with far more specificity, about why we have reasonable statutes regarding assembly and protest. None say that you cannot assemble or protest. You have failed to address those legitimate concerns.
So, back atcha
You say that they cost money. I say that our freedoms do not come without a price.
This reminds me of some of the first hacking trials back in the 80s -- indignant corporations, humiliated that their security was breached so easily, dramatically inflated the cost of the hack as reported to the government and the press. They did it, in part, by tacking on as many man-hours from as many internal professionals as they could get away with, claiming that that was how many people it took to clean up after the hacker in question -- even if no actual damage had been done.
The city government made certain decisions on how to handle the Occupy protesters, and it incurred expenses as a direct result of those decisions. A decision to sue would be akin to buyer's remorse, and the people of LA shouldn't tolerate it -- they should instead hold their government responsible for the choices that led to this situation.
Where the Occutards violated statutes, they are responsible. Whether they can be made to pay is a different matter. That does not excuse politicians from facing backlash.
The "price" is to obtain a permit where required, pay fees where indicated, post bonds where mandated. All of this is dependent not on whether or not you want to protest, but is triggered by varying combinations of where, when, and with how many.
Another mini-example. You do have a right of assembly. But you do not have a right to violate occupancy codes.
Ignore away.
Common law was a basis for our laws but irrelevant and I've noted, many do try and create modern statutes to curtail our rights all the time. We should not sit back and accept them.
Ummm...
Exactly who would they send the bill to?
Which is the same arguements those who wish to curtail the right to own guns use. Can I assume you agree with them also? I have never seen a court house lawn with an occupancy code.
I also can only assume that based upon the use of a smiley that you do not take our rights as a serious thing.
Who decides which laws we should follow, and which are irrelevant?
j-mac
Which is the same arguements those who wish to curtail the right to own guns use. Can I assume you agree with them also? I have never seen a court house lawn with an occupancy code.
I also can only assume that based upon the use of a smiley that you do not take our rights as a serious thing.
This is actually done daily. Officers have the flexibility to exercise judgment.
I can't when I am accosted going about my day by people that believe their right to protest, trumps my right to go about my day. This is why I think that common laws like 'unlawful assembly' were enacted.
Who decides which laws we should follow, and which are irrelevant?
j-mac
Ultimately though it is the courts, and legislature that decide is it not?
j-mac
Nobody can accost you legally.
Common law is not a law so it's irrelevant. Common law is basically the idea that one ruling should follow the same as a past ruling. With the idea of permits, some official gets to decide who can protest and who can't.
NEW YORK PENAL LAW
CHAPTER 40 OF THE CONSOLIDATED LAWS
PART THREE--SPECIFIC OFFENSES
TITLE N--OFFENSES AGAINST PUBLIC ORDER, PUBLIC SENSIBILITIES
AND THE RIGHT TO PRIVACY
ARTICLE 240--OFFENSES AGAINST PUBLIC ORDER
Section 240.00 Offenses against public order; definitions of terms
The following definitions are applicable to this article:
1. "Public place" means a place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
2. "Transportation facility" means any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, railroad, motor vehicle or any other method. It includes aircraft, watercraft, railroad cars, buses, school buses as defined in section one hundred forty-two of the vehicle and traffic law, and air, boat, railroad and bus terminals and stations and all appurtenances thereto.
3. "School grounds" means in or on or within any building, structure, school bus as defined in section one hundred forty-two of the vehicle and traffic law, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational or high school.
4. "Hazardous substance" shall mean any physical, chemical, microbiological or radiological substance or matter which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health.
5. "Age" means sixty years old or more.
6. "Disability" means a physical or mental impairment that substantially limits a major life activity.
Section 240.05 Riot in the second degree
A person is guilty of riot in the second degree when, simultaneously with four or more other persons, he engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm.
Riot in the second degree is a class A misdemeanor.
Section 240.06 Riot in the first degree
A person is guilty of riot in the first degree when he:
1. Simultaneously with ten or more other persons, engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm, and in the course of and as a result of such conduct, a person other than one of the participants suffers physical injury or substantial property damage occurs; or
2. While in a correctional facility, as that term is defined in subdivision four of section two of the correction law, simultaneously with ten or more other persons, engages in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing alarm within such correctional facility and in the course of and as a result of such conduct, a person other than one of the participants suffers physical injury or substantial property damage occurs.
Riot in the first degree is a class E felony.
Section 240.08 Inciting to riot
A person is guilty of inciting to riot when he urges ten or more persons to engage in tumultuous and violent conduct of a kind likely to create public alarm.
Inciting to riot is a class A misdemeanor.
Section 240.10 Unlawful assembly
A person is guilty of unlawful assembly when he assembles with four or more other persons for the purpose of engaging or preparing to engage with them in tumultuous and violent conduct likely to cause public alarm, or when, being present at an assembly which either has or develops such purpose, he remains there with intent to advance that purpose.
Unlawful assembly is a class B misdemeanor.
Section 240.15 Criminal anarchy
A person is guilty of criminal anarchy when (a) he advocates the overthrow of the existing form of government of this state by violence, or (b) with knowledge of its contents, he publishes, sells or distributes any document which advocates such violent overthrow, or (c) with knowledge of its purpose, he becomes a member of any organization which advocates such violent overthrow.
Criminal anarchy is a class E felony.
Section 240.20 Disorderly conduct
A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
1. He engages in fighting or in violent, tumultuous or threatening behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
Disorderly conduct is a violation.
New York Penal Law
1) Why do you try to extend this argument into some notion about how I feel about the 2nd Amendment ? Do not assume for me
2) The Occutards were not creating issues with occupancy on courthouse lawns.
3) There you go assuming again ..... about me.
So, as I assume nothing, tell me if you served, for how long, and who with. Thanks.
Otherwise, how about something other than the ad-hominems.
No, not really. Officers decide daily. They don't stop all speeders for example. They let a shoplifter go based on the circumstances. They use judgment. Law without judgment is about as useless as no law at all.
the gun rights vs. protest rights is a flawed narrative IMHO. I don't see many gun protests that involve obstructing peoples day at the point of guns, do you?
When assembly turns into mob, riot, and destruction of property that are there at tax payer expense, and for their use, one group doesn't have the right to exclude those others that don't agree with them.
j-mac
That is both inaccurate, but flawed beyond belief. This is not about "speeding". Further, were a law-enforcement official fail to hold someone suspected of committing a felony, they will not be a law enforcement official for long.
A hallmark of Justice is supposed to be consistency and objectivity, not subjectivity.
That is both inaccurate, but flawed beyond belief. This is not about "speeding". Further, were a law-enforcement official fail to hold someone suspected of committing a felony, they will not be a law enforcement official for long.
A hallmark of Justice is supposed to be consistency and objectivity, not subjectivity.
UNLAWFULLY ASSEMBLY
PENAL CODE SECTION 407
Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a
violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.
PENAL CODE SECTION 408
Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor.
CALJIC 16.240
UNLAWFUL ASSEMBLY
It is an unlawful assembly:
[Whenever two or more persons assemble together for the purpose of doing an unlawful act[.]] [,
or]
[Whenever two or more persons who are assembled together do a lawful act in a violent,
boisterous, or tumultuous manner, that is, where such act or acts are themselves violent or tend to incite
others to violence.]
[An assembly of two or more persons assembled together to do a lawful act is not unlawful
unless the assembly is or becomes violent or gives rise to a clear and present danger of immediate
violence.]
www.nlg-la.org/index_files/codes.pdf
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?