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#101 2008-07-04 6:13 pm
- bratboy
- attorney-at-law
- Royal Wombat

- From: Austin, Texas
- Registered: 2003-01-19
- Posts: 30563
Re: So ... remember the last Republican convention?
bratboy wrote:
I'm not saying that every use of a FSZ is legal...many probably aren't. However, time/place/manner restrictions are legal given that they're narrowly tailored and involve a substantial government interest (and leave open ample alternative avenues for speech).
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
--Paul Krugman
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#102 2008-07-04 6:14 pm
- bratboy
- attorney-at-law
- Royal Wombat

- From: Austin, Texas
- Registered: 2003-01-19
- Posts: 30563
Re: So ... remember the last Republican convention?
bratboy wrote:
I understand the need for crowd control but I disagree with any use of such areas beyond that point (such as to keep protesters out of sight or ear shot as has happened previously).
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
--Paul Krugman
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#103 2008-07-04 6:16 pm
- ShnickyShnack
- Commander of Insurgent Cell "Dreamboat"

- From: Amidst a superiority complex
- Registered: 2001-05-25
- Posts: 40283
Re: So ... remember the last Republican convention?
Well, if I've got you wrong, I'm sorry. I might've been swayed by things like
bratboy wrote:
ShnickyShnack wrote:
In principle, do you think it's okay to restrict the expression of political protest, whatever the label?
Sure, as long as there's a good reason to restrict it and there are ample alternative venues that are comparable (such as on the sidewalk as opposed to blocking the street or entrance to a building).
bratboy wrote:
ShnickyShnack wrote:
I don't understand how it can even be constitutional.
Surely you recognize how people could exercise their freedom of speech to bring traffic, business or the workings of government to a grinding halt if there were no way to curb the time/place/manner in which speech is exercised.
You also kept hammering this strange notion of noise issues, which I feel is completely irrelevant to the issue.
bratboy wrote:
ShnickyShnack wrote:
See, that ruling would seem to me to render the entire concept unconstitutional.
In terms of blocking traffic, since time immemorial there have been really basic tactics like police barricades and such to ensure people can enter and leave the location unobstructed.
I see no reason whatever why any of that has to change.If they are creating a walking path by barricade then they are in essence ruling that space inappropriate for protest.
What about using a bullhorn in a residential neighborhood at night, or disrupting a legislative hearing? I'm not saying that every use of a FSZ is legal...many probably aren't. However, time/place/manner restrictions are legal given that they're narrowly tailored and involve a substantial government interest (and leave open ample alternative avenues for speech).
Then there was that comment about loud parties. I suspect I might have assumed you and kev were on the same side. But then he's not even trying to debate, so I shouldn't be doing that.
By the way, the ACLU has quite clearly spelled out that the free speech zones are content based, that supporters are routinely treated differently than critics.
All of which makes the whole thing completely indefensible, and not in any way related to noise or crowd control. You're on board with that, right?
"Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself especially, are in a state of shocked disbelief." -- Alan Greenspan
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#104 2008-07-04 6:31 pm
- Farmerkev
- Official Dementor
- Moderator
- Registered: 2003-01-03
- Posts: 16653
Re: So ... remember the last Republican convention?
This all comes about because Shicky is embarrassed his country has content controls nationwide and not in little 2 block areas surrounding an event or politician.
Somehow he believes that is of critical importance.
I fail to see it myself.
The media is full of protest, it isn't illegal or suppressed.
Minithink isn't a "to the death" cage match.
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#105 2008-07-04 6:43 pm
- bratboy
- attorney-at-law
- Royal Wombat

- From: Austin, Texas
- Registered: 2003-01-19
- Posts: 30563
Re: So ... remember the last Republican convention?
It would be nice for you to acknowledge that you completely misrepresented my previous posts in this thread in your last post. It would go a long way towards convincing me that you're interested in a honest discussion here.
By the way, the ACLU has quite clearly spelled out that the free speech zones are content based, that supporters are routinely treated differently than critics.
All of which makes the whole thing completely indefensible, and not in any way related to noise or crowd control. You're on board with that, right?
If I say it just *one* more time will it finally sink in?
There are defensible actions the government can take to regulate speech. There are also a variety of indefensible actions often taken against speech that should be challenged in court. The term "free speech zone" (or whatever a protest area is referred to) carries zero legal meaning, and can certainly be constitutional (though in the past many high profile uses of such zones have NOT been).
As I noted much earlier in the thread...I recognize the need to keep areas safe and control crowds. Beyond that, I do not agree with the use of such restrictions.
"One thing we've learned is there's a difference between being disappointed and having madmen in authority."
--Paul Krugman
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