Lindsey Graham Isn't Sure If Bloggers Deserve 'First Amendment Protection'

Lindsey Graham Isn't Sure If Bloggers Deserve 'First Amendment Protection' - NationalJournal.com

Linda has joined Chatlotte Chucky Boy Schumer and needs to go the hell home NOW!!!

Hey, Linda, the 1st Amendment is pretty clear. You and Charlotte need to take some reading comprehension lessons or maybe English isn't your first language.

Its Not A 1st Amendment Issue

1st Amendment to the Consitution of the United States:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; 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.

4th Amendment to the Consitution of the United States:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Justice Dept's seizure of the phone records of AP reporters did not violate those reporter's 1st Amendment rights. No one at the AP was restrained or restricted in what they can print or say. The JD violated their 4th Amendment rights. If the JD wants to justify the seizure under the Patriot Act, then let them say so up front and defend that in court. Illegal wiretaps and requests for phone records fall under the 4th Amendment, not the 1st.

The IRS did not violate the 1st Amendment rights of anyone associated with a conservative advocacy group. No one was prohibited from associating, and no printing presses were seized. If you want to try and make the case that was the intent, you're gonna need a whistleblower to step forward and say, "We had a meeting. Our superiors told us if we make it harder for these conservative groups to get a tax-exempt staus, they might feel intimidated and stop what they're doing." That aint gonna happen.

They did however, violate numerous Tax Code regulations by releasing personal information they had no business asking for in the first place. They also violated about a half dozen Federal laws regarding privacy and definitely violated the 4th Amendment rights of the people submitting the applications for tax-exempt status and we know it was done for partisan reasons. It was politically motivated.

The IRS decides who is and who is not a tax exempt organization. They have criteria they use depending upon whether you're asking for a c3 or c4 exemption. Most advocacy groups fall under the c4 designation. Groups like CWTT, Soldiers Angels, Wounded Warrior Project, the USO and Fisher House are c3 charities because we take donations and pass that money thru to directly assist veterans and wounded. Gathering of Eagles is a c4 organization because it advocates for veterans rights and lobbies Congress for improvement of legislation affecting veterans and wounded.

The IRS is not guilty of violating TEA Party groups rights, an individual is. Someone had to compile the information and send it to ProPublica. Someone had to hit the SEND button. That someone needs to go to jail and anyone involved in the transfer, anyone who approved the release of the information needs to go to jail.

Free Speech? Not So Fast

Did Eric Cantor vote aye or nay on the legislation to prohibit free speech and assembly? Anyone know? He should tell us ASAP, like today.

Prohibiting the free expression of ideas or opinions is an archaic communist tactic. It belongs on the ash heap of history; but it would appear, according to FoxNews, that Dear Leader is afraid he may see something that offends him. You have a ton of rights in this country. The right to not be offended or hear different ideas is not among them, and you cannot restrict the practise through legislation passed in the dark of night and signed in secret.

Expect more of the same the longer you allow the current occupier of the White House to stay in power.

Beware the Westboro Trap

H/T Dave at Thunder Run

I am allowed to burn the flag in protest if I want. Because I am allowed to do it, it is not neccessary for me to do it. The freedom to peaceably assemble and present a message, no matter how dispicable, is a fundemental right and the foundation of our Republic. Any restriction of those rights based on the message, would lead to restrictions later on for other groups with another message that offends the sensibilities of someone else.

(and you know how easily an offense can be taken nowadays)

Beware of the Military Funeral Case
By Mark J. Fitzgibbons

The obnoxious family that calls itself the Westboro Baptist Church is an example of how it is sometimes difficult to take the long view of freedom. Patriotic, constitutional conservatives, however, should be cautioned about the WBC military funeral case now in the news. It has potential for mischief against conservative activists [Ed Note: and any other activist for that matter].

WBC has made a name for itself protesting at military funerals and is in the middle of a Supreme Court battle with the father of a slain Marine over whether WBC's public relations ploys crossed the line and constituted a legal wrong. The Fourth Circuit reversed a U.S. District Court judgment awarding the father, Albert Snyder, millions of dollars in tort damages. The Supreme Court then agreed to hear Mr. Snyder's case.

[...]

If you want proof that the WBC case has potential for mischief, Harry Reid, "call-me-Senator" Barbara Boxer, Chuck Schumer, and other politicians have filed amicus curiae briefs in the case. Yes, the same politicians who, daily now, seek to destroy the First Amendment weighed in.

An amicus brief filed by 48 state attorneys general, including Richard Blumenthal, Martha Coakley, Jerry Brown, and Barack Obama's favorite state attorney general, Lisa Madigan, is fraught with politics. It is so flawed legally and constitutionally that first-year law students might even react with "tsk, tsk."

READ MORE...

David M
Editor: The Thunder Run

Support the 1st Amendment - Draw Mo

Due to the recent calls for violence against many artists in Europe and America because of depictions of Mohammed, any depictions, not just "offensive" ones, Dan Savage has declared May 20, 2010 as Everybody Draw Mohammed Day.

Michael C. Moynihan at Reason has taken the ball and run with it.

I will be employing my tremendous skill as an illustrator, of course, and expect that my colleagues will do the same. If they refuse, they will be declared weak-kneed, namby-pamby, quisling infidels and will be shamed on this blog (Though such idle threats rarely work these days; perhaps I could threaten them with a painful death, which seems to do the trick). If readers would like to show their solidarity, please email your Mohammad masterpieces to me here: mmoynihan at reason.com. The best ones will be published on Hit & Run, which, along with the concomitant death threat, is reward enough.

Allah Pundit at Hot Air is spreading the word.

So, all of you artists out there....heck, non-artists too, be creative. Draw Mohammad. Send it in. Show how much you respect those thugs that threaten civilized people.

CB Edit: Our BFF SKK has a back story on this at Susan Katz Keating