1st Amendment Gets Its Day In Court

[gr8fuldaniel]

Two Sue Feds Over Anti-Bush T-Shirt Arrest Couple Arrested for Wearing Anti-Bush T-Shirts to W.Va. Event Sues Federal Officials The Associated Press CHARLESTON, W.Va. Sept. 14, 2004 — A couple arrested for wearing anti-Bush T-shirts to a July 4 presidential appearance filed a federal lawsuit on Tuesday alleging their First Amendment rights were violated. Nicole and Jeff Rank were removed from the event at the West Virginia Capitol in handcuffs after revealing T-shirts with President Bush's name crossed out on the front. Nicole Rank's shirt had the words "Love America, Hate Bush" on the back and Jeff Rank's said "Regime change starts at home." Their lawsuit was filed in federal court by American Civil Liberties Union attorneys. "What is at stake here transcends politics," Jeff Rank said at a news conference at the Capitol. "What is at stake is the right of all Americans Democrats, Republicans and independents, all Americans to peacefully voice their dissent to their government." Trespassing charges filed against the couple were later dismissed. The City Council and Mayor Danny Jones have publicly apologized. The lawsuit names Gregory Jenkins, deputy assistant to the president and director of the White House Office of Presidential Advance, and W. Ralph Basham, director of the U.S. Secret Service, as defendants. The couple wants a judge to declare unconstitutional any policy that led to their arrest. They also are seeking unspecified monetary damages. Spokesmen for the Secret Service and the U.S. Department of Justice, to whom a White House spokesman directed questions, declined to comment. Both said their agencies do not comment on ongoing litigation. The ACLU filed a federal lawsuit last September against the Secret Service, seeking an injunction against the Bush administration for segregating protesters at his public appearances. The Secret Service agreed to stop the practice. Jeff Rank, 29, said he and his wife wore the T-shirts because, "When you see the president speak on TV he is usually shown surrounded by fervent supporters only. While we wanted to hear him out and while we wanted to see him in person, we did not want to be added to the tally of Bush supporters that day." Nicole Rank, 30, initially was dismissed from her job with the Federal Emergency Management Agency, but was rehired after the charges were dropped. photo credit and caption: Jeff and Nicole Rank, the couple arrested after wearing anti-Bush shirts at the president's July 4 speech at the West Virginia Capitol Building, address the media in Charleston, W.Va., Tuesday, Sept. 14, 2004, about their arrest and pending lawsuit claiming that the Secret Service violated their First Amendment rights. (AP Photo/Bob Bird)

This should have never happened. The right to peaceable assembly is cleary outlined in the Bill of Rights. Lets make them pay for outright tyranny.
I especially liked this part:

Nicole Rank, 30, initially was dismissed from her job with the Federal Emergency Management Agency, but was rehired after the charges were dropped.

There are actually some good folks in FEMA. But FEMA is scum and allotted too much power. Should not have fired her to begin with. She should sue FEMA, she would probably win (if they didnt kill her) because they are a secret service and dont want publicity.

[PatrickHenry]

For more background on the controversy see the previous volconvo discussion: http://www.volconvo.com/forums/index.php?s...?showtopic=2805
Unfortunately some members got sidetracked onto the Swifties for Truth issue, but scroll thru that and you'll find a discussion of the Rank's events.

[Technosoul]

Very good news story P.K.

Here is something that might warrent some comments. If they won the case (in the Supreme Court that appointed Bush to office) what effect would that have, as we might imagine hundreds of people could line up to sue for the same reasons if they win that case. Perhaps millions taking part in the New York protests during the Republican Convention feel their rights were likewise violated. So the judges would no doubt be aware of the snowball effect that might occur if they win their day in court. Will that effect the court's ruling? Or will the court base their opinion on the constitution and how they interpret it (correctly we hope)?

I would expect that the people charged will move to settle out of court by offering some money to the people with the T-shirts along with a well worded apology, that settlement would be "sealed" from reporters and the public. And the story would just fade away such that no real "protection for protesting" policies can set standards that are not currently used.

But also at stake here is the difference between protesting in public and trying to protest inside a private event on private property. Example: Can Disnyland prevent people wearing "gang related T shirts" from entering their private park that is open to the public? (A policy that was effected to make the Disney park a safe place for family outings where disruptions cannot take place due to conflicts between one gang and another gang (that do not see eye-to-eye).

Do they (Repubicans) have the right to prevent unwanted disruptions at a event designed for the peaceful expression of their viewpoints? What is the difference between security guards disrupting a protest and protestors disrupting a scheduled political speech? One could debate however if a T shirt or a anit-Bush button is really disrupting anything or not (which might be taking security measures too far, AKA premptive instead of factural).

Also, even if the event is on private property it was covered by cameras what would make it more of a public event, because the film clips would be shown over public airways.

So those of some of my observations (pro and con?), whatcha think. Technosoul.

[gr8fuldaniel]

Originally posted by PatrickHenry, For more background on the controversy see the previous volconvo discussion: http://www.volconvo.com/forums/index.php?s...?showtopic=2805 Unfortunately some members got sidetracked onto the Swifties for Truth issue, but scroll thru that and you'll find a discussion of the Rank's events.

You are right, Patrick, I should have done a search. I will post this article there (on Bob Dobbs thread Link)because this story deserves to be heard.
Technosoul, I would like to address some of the things you brought up also, If you would copy and paste your submission to that Link.

Then we can have Sean delete this thread.