Thursday, July 10, 2014

A message to the Tequila Party

If you read some of the "instructions" by Constitutional experts on how to handle being lawful in protest, you would think that most of the Patriots didn't know either the law, or the Constitution.

Here is one, very real, Constitutional protection on free speech,

* When it comes to public sidewalks, they are protected by the Supreme Courts history of Judicial Review

The most recent confirmation of this protection happened just recently, in the Robert's court's review of the Massachusetts law for Abortion Zone buffers.  In the decision, the buffer zones were declared Unconstitutional because they infringed upon the 1st amendment right of individuals in public sidewalks to speak freely.  This is why, even in the dissent by Liberal judges, the Supreme Court recognized that it meant overturning older cases, such as v Colorado. 

So, that is fundamental right.  The right of the public to use sidewalks has long been recognized as the place where the forum for the exchange of information takes place in a free, and open society.  It should not be, therefore, hindered from being used for public free speech.

Joel Pollak, who wrote this article,, seems to suggest that a lawyer, by the name of Ruben Salazar, offered the following :

"The 'Masterminds of Murrieta' appears to have engaged in advocacy to use force or of law violation in order to incite or produce a riot."

That couldn't have been farther from the truth.  The patriots of Murrieta exercised their rights to congregate and speak freely on public property.  No riot ever was encourage, in fact, it was discouraged repeatedly!

"In addition to these principles, the 1st amendment does not protect conduct, it protects speech only and it appears there were some individuals who were engaged in potential criminal conspiracy to violate federal and state laws."

The key phrase is "potential criminal conspiracy."   These guys are just making stuff up as they go along. I think Ruben Salazar is part of a "potential criminal conspiracy" to allow this to keep happening.  He is actually helping people break the law.  Who ever put this Ruben Salazar through law school should be asking for a refund.