First Amendment repealed in California, man faces 13 years in jail for ...

Wow...If I was his lawyer I would mention it anyways...fuck what that tyrant in a robe says...is there any way to ask for a different judge?
 
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He was not arrested for speaking his mind, he was arrested for defacing public property - vandalism. He could have handed out fliers, given speeches, put an ad in the personals section and a number of different ways to express his opinion about the Bank of America but he chose to write it in chalk on the sidewalk which has been ruled vandalism.

This is not a rights issue it is a vandalism issue.
 
He was not arrested for speaking his mind, he was arrested for defacing public property - vandalism. He could have handed out fliers, given speeches, put an ad in the personals section and a number of different ways to express his opinion about the Bank of America but he chose to write it in chalk on the sidewalk which has been ruled vandalism.

This is not a rights issue it is a vandalism issue.

Let's start arresting children for making hopscotch boxes on the sidewalk with chalk!
 
He was not arrested for speaking his mind, he was arrested for defacing public property - vandalism. He could have handed out fliers, given speeches, put an ad in the personals section and a number of different ways to express his opinion about the Bank of America but he chose to write it in chalk on the sidewalk which has been ruled vandalism.

This is not a rights issue it is a vandalism issue.

my kids used to write on sidwalks all the time. wonder when they are going to start throwing toddlers in jail?
 
He was not arrested for speaking his mind, he was arrested for defacing public property - vandalism. He could have handed out fliers, given speeches, put an ad in the personals section and a number of different ways to express his opinion about the Bank of America but he chose to write it in chalk on the sidewalk which has been ruled vandalism.

This is not a rights issue it is a vandalism issue.

I agree with the substance of your post. This is not a free speech issue. People who go overboard with that kind of hyperbole just undermine themselves in the long run with these bogus cries of, "Wolf!"

However, he used water soluble chalk, so proving it is vandalism, which the law says must deface the property, is going to be difficult.

The trial, stated the judge, should only focus on whether or not Olson is guilty of vandalism and not what his motivations behind the vandalism were. Shore cited the case, Mackinney v. Nielsen 69 F.3d 1002 (9th Cir.1995), where a man was acquitted after a court ruled that use of chalk was not considered vandalism. The law was later changed to define vandalism as defacement "with graffiti or other inscribed material."

Chalking the plank: Judge won't allow bank protester to claim first amendment rights | San Diego Reader
 
He was not arrested for speaking his mind, he was arrested for defacing public property - vandalism. He could have handed out fliers, given speeches, put an ad in the personals section and a number of different ways to express his opinion about the Bank of America but he chose to write it in chalk on the sidewalk which has been ruled vandalism.

This is not a rights issue it is a vandalism issue.

I agree with the substance of your post. This is not a free speech issue. People who go overboard with that kind of hyperbole just undermine themselves in the long run with these bogus cries of, "Wolf!"

However, he used water soluble chalk, so proving it is vandalism, which the law says must deface the property, is going to be difficult.

The trial, stated the judge, should only focus on whether or not Olson is guilty of vandalism and not what his motivations behind the vandalism were. Shore cited the case, Mackinney v. Nielsen 69 F.3d 1002 (9th Cir.1995), where a man was acquitted after a court ruled that use of chalk was not considered vandalism. The law was later changed to define vandalism as defacement "with graffiti or other inscribed material."

Chalking the plank: Judge won't allow bank protester to claim first amendment rights | San Diego Reader

I want to see how it shakes out before having a heart attack.
 
He was not arrested for speaking his mind, he was arrested for defacing public property - vandalism. He could have handed out fliers, given speeches, put an ad in the personals section and a number of different ways to express his opinion about the Bank of America but he chose to write it in chalk on the sidewalk which has been ruled vandalism.

This is not a rights issue it is a vandalism issue.
Hmmm...

What if some kids had scratched out a hopscotch field with chalk in front of BoA?

Would they have been charged with such "vandalism"?
 
He was not arrested for speaking his mind, he was arrested for defacing public property - vandalism. He could have handed out fliers, given speeches, put an ad in the personals section and a number of different ways to express his opinion about the Bank of America but he chose to write it in chalk on the sidewalk which has been ruled vandalism.

This is not a rights issue it is a vandalism issue.
Hmmm...

What if some kids had scratched out a hopscotch field with chalk in front of BoA?

Would they have been charged with such "vandalism"?

If they did it 13 times, probably.
 
I agree with the substance of your post. This is not a free speech issue.

How long before it becomes a crime for the shadow of an undesirable dissident to touch the sidewalk, thus he can't protest on the sidewalk?

Sound like a bizarre impossible law? Just look at India!

Untouchability in India - An Overview | International Humanist and Ethical Union

The reason was that during this time their bodies were likely to cast long shadows, with the attendant danger that the shadow of an 'untouchable' might fall on a Brahmin and pollute him. An 'untouchable' had to carry an earthen pot around his neck so his spittle may not pollute the earth. In Maharashtra an 'untouchable' wore a black thread either in his neck or on his wrist for ready identification, while in Gujarat a horn had to be worn for identification.

The 'untouchables' constitute 15% of the total population of the sub-continent and have been referred to as Depressed Classes, Scheduled Castes and Scheduled Tribes. Local names for the 'untouchable communities' vary in different parts of India: Bhangi, Pakhi, Chandala etc. Mahatma Gandhi called them Harijans or children of God. Now they are called Dalits, which means broken people.

Government approved protesting, yes!
 
He was not arrested for speaking his mind, he was arrested for defacing public property - vandalism. He could have handed out fliers, given speeches, put an ad in the personals section and a number of different ways to express his opinion about the Bank of America but he chose to write it in chalk on the sidewalk which has been ruled vandalism.

This is not a rights issue it is a vandalism issue.
Hmmm...

What if some kids had scratched out a hopscotch field with chalk in front of BoA?

Would they have been charged with such "vandalism"?

If they did it 13 times, probably.
Meh...It's chalk....Don't those wankers at BoA have a hose?...Mebby they could have shot it at the perp.

Interesting, though, when you consider that BoA was a huge beneficiary of the bailouts.

Oligarchy?...NO WAY! :lol:
 

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