This is Not Political.....but could be interrupted as such....

[andyzee]

Godwin's Law

Andy's Law - In any discussion where a comparison to Nazis is raised, someone will eventually bring up Godwin's Law

 

[legalskier]

Civil Danceobedience

Did MLK have a permit?

Did Glen Beck?
Glenn Beck Failed To Secure Permit For His MLK Day Rally
Link: http://www.dailykos.com/story/2010/...Failed-To-Secure-Permit-For-His-MLK-Day-Rally


Evidently the dancers were there to protest a recent ruling that "dismissed a lawsuit filed against the National Park Service that stemmed from the 2008 arrest of a D.C. woman for dancing at the Jefferson Memorial." The NPS apparently knew in advance that they would be there.
"A prohibition on expressive activities in a nonpublic forum does not violate the First Amendment if it is viewpoint neutral and is 'reasonable in light of the use to which the forum is dedicated,'" [Judge] Bates wrote. "Here, the ban on demonstrations at the Jefferson Memorial satisfies these requirements." The complainant, Mary B. Oberwetter, was arrested around midnight on April 13, 2008. She and a group of friends had gathered at the memorial that night to dance silently while wearing earphones, as a way to celebrate Jefferson's birthday. U.S. Park Police Officer Kenneth Hilliard eventually told them to disperse, at which point Oberwetter refused and began asking why they couldn't continue dancing. Hilliard then arrested her on charges of demonstrating without a permit and interfering with an agency function, but those charges were eventually dropped. In the lawsuit, filed in March, Oberwetter alleged that the arrest violated her right to free expression. But Judge Bates ultimately ruled that Hilliard had probable cause to arrest Oberwetter, and that the Jefferson Memorial is not a public forum where people may dance, silently or otherwise.
Link: http://dcist.com/2010/01/judge_rules_against_jefferson_memor.php
Here's a link to the written decision: http://dcist.com/attachments/dcist_sommer/jeffersonmemorialdecision.pdf

I suspect that the couple who were kissing were charged with the same offenses as Oberwetter, but those arrested subsequently probably also got hit with additional charges like resisting and obstruction. That's typically how these encounters play out.

One tangential note of interest is how the NPS didn't try to stop the person with the video camera from taping it.

 

[deadheadskier]

I guess from my view, the silliness at the Jefferson Memorial pails in comparison to much larger issues of government abusing it's power

Take the situation in Miami over Memorial Day Weekend.

WARNING - not safe for work at all, highly disturbing footage

 

[ski_resort_observer]

Did Glen Beck?
Glenn Beck Failed To Secure Permit For His MLK Day Rally
Link: http://www.dailykos.com/story/2010/...Failed-To-Secure-Permit-For-His-MLK-Day-Rally


Evidently the dancers were there to protest a recent ruling that "dismissed a lawsuit filed against the National Park Service that stemmed from the 2008 arrest of a D.C. woman for dancing at the Jefferson Memorial." The NPS apparently knew in advance that they would be there.
"A prohibition on expressive activities in a nonpublic forum does not violate the First Amendment if it is viewpoint neutral and is 'reasonable in light of the use to which the forum is dedicated,'" [Judge] Bates wrote. "Here, the ban on demonstrations at the Jefferson Memorial satisfies these requirements." The complainant, Mary B. Oberwetter, was arrested around midnight on April 13, 2008. She and a group of friends had gathered at the memorial that night to dance silently while wearing earphones, as a way to celebrate Jefferson's birthday. U.S. Park Police Officer Kenneth Hilliard eventually told them to disperse, at which point Oberwetter refused and began asking why they couldn't continue dancing. Hilliard then arrested her on charges of demonstrating without a permit and interfering with an agency function, but those charges were eventually dropped. In the lawsuit, filed in March, Oberwetter alleged that the arrest violated her right to free expression. But Judge Bates ultimately ruled that Hilliard had probable cause to arrest Oberwetter, and that the Jefferson Memorial is not a public forum where people may dance, silently or otherwise.
Link: http://dcist.com/2010/01/judge_rules_against_jefferson_memor.php
Here's a link to the written decision: http://dcist.com/attachments/dcist_sommer/jeffersonmemorialdecision.pdf

I suspect that the couple who were kissing were charged with the same offenses as Oberwetter, but those arrested subsequently probably also got hit with additional charges like resisting and obstruction. That's typically how these encounters play out.

One tangential note of interest is how the NPS didn't try to stop the person with the video camera from taping it.

If you check the link in the OP, below the video, it's obvious that everyone knew they would be there and everyone also knows that they will be back next Sat.

If ya watched the linked video the officer spells out multiple times why they were being arrested, no conjecture required. As far as allowing the person to continue taping it, it looked like eveyone else there were taping it. It was an obvious set-up, both parties knew what was going to happen. The officers at first were looking at each other waiting for a signal from the supervisor to start arresting them. Should be interesting to see how the Park Service reacts when they show up again, possible in bigger numbers. Conversly, I don't think the Park Service can stand there and do nothing.

 

[Dr Skimeister]

The dancers are resorting to civil disobedience as per Thoreau. Fear of prosecution nor fear of persecution for what they believe to be an unjust law isn't stopping them from engaging in the banned activity.

If you check the link in the OP, below the video, it's obvious that everyone knew they would be there and everyone also knows that they will be back next Sat.

If ya watched the linked video the officer spells out multiple times why they were being arrested, no conjecture required. As far as allowing the person to continue taping it, it looked like eveyone else there were taping it. It was an obvious set-up, both parties knew what was going to happen. The officers at first were looking at each other waiting for a signal from the supervisor to start arresting them. Should be interesting to see how the Park Service reacts when they show up again, possible in bigger numbers. Conversly, I don't think the Park Service can stand there and do nothing.

 

[legalskier]

The dancers are resorting to civil disobedience as per Thoreau.

But would Thoreau ever have countenanced civil danceobedience? :smile:

It will be interesting to see what happens on appeal of Oberwetter's case (assuming one was filed) or an appeal of the inevitable convictions in this new case. Stay tuned.