Acting under color of law, huh Frank? frank theriault wrote: > On 9/26/07, P. J. Alling <[EMAIL PROTECTED]> wrote: >> The first amendment: "Congress shall make no law... or abridging the >> freedom of speech, or of the press; or the right of the people peaceably >> to assemble, and to petition the government for a redress of >> grievances." This doesn't seem to cover meetings held on private >> property where the owners can have idiots ejected or arrested for >> trespass, simply by revoking their permission for said idiot to be >> there. Secondly he didn't seem to petitioning the government, just >> badgering a public official. The fact that the cops who were called by >> the management over reacted is not per se a violation of the idiots >> freedom of speech, certainly not by congress, or the state government, >> .though he may have basis for an action against those police officers >> for battery. > > Private property? > > That appears to be a school (funded by taxpayers) or a church (exempt > from paying taxes and as such "state funded") or a town hall. No > matter what it is, I'd say they're in a public or pseudo-public space, > and in any event it's surely a meeting to which the general public was > invited. > > What those cops (or security people, or whoever those goons were) did > was ~absolutely~ a violation of his freedom of speech, right to > assemble, etc. The question would be, "were the capitalist > stormtroopers acting as authorized agents of the state, or did they go > beyond the scope of their jurisdiction to the point that their actions > do not constitute state intervention, thus rendering them solely > liable for their inexcusable actions?" > > If they were private rent-a-cops, they and their employers will be > liable for (at the very least) assault and battery, if they were real > cops, there could be a whole bevy of constitutional actions that could > arise from this. > > cheers, > frank > > > > > >
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