1st Amendment, DOWN! Evil sidewalk chalk, DOWN! Score: Asshats 1 - Democracy 0

[TalkingDog]

http://now.msn.com/jeff-olson-faces-prison-for-anti-bank-chalk-vandalism

"Oh my gosh. I can't believe this is happening," said activist Jeff Olson who's facing 13 years in prison and fines of up to $13,000 for writing anti-bank messages in chalk on pavements outside several Bank of America branches last year in protest against the bailout. A San Diego judge ruled Olson's attorney could not refer to "the First Amendment, free speech, free expression, public forum, expressive conduct, or political speech during the trial." Without that, the 40-year-old's case is one of 13 counts of straight-up vandalism. With chalk. Olson's attorney, Tom Tosdal, was stumped by the move. "I've never heard that before, that a court can prohibit an argument of First Amendment rights." First time for everything, Tom

A little more here: http://www.sandiegoreader.com/weblogs/news-ticker/2013/jun/25/chalking-the-plank-judge-wont-allow-bank-protester/

[Democracyinkind]

1. What a sick joke.

Corporations over people, everytime. Welcome to America.

[Buzz Clik]

2. This decision will be crushed on appeal.

[NYC_SKP]

3. Yep.

It's absurd that it even went to court, that it was ever charged.

[nadinbrzezinski]

6. Goldsmith, tough hombre on crime,

Is in less than talking terms with the Mayor who would you believe it? Is not allowing him to go after medical marihuana establishments. This is proxy for the 2016 mayoral run.

[Pholus]

4. And people are floored that "Trust us" on the NSA is not good enough for some.... nt

[nadinbrzezinski]

5. Why am I not surprised?

Superior Court Judge Howard M. Shore was the one Goldsmith used for the few prosecutions that he actually brought for Occupy.

Appeal Tosdal, appeal.

[haele]

7. Judge Howard Shore....

The city was warned about this guy when election time came up, he proudly indicated he was a "Godly" Conservative, and strict law and order type. A true Prosperity Gospel, "if you're rich, Ghod wants you to rule, if you're poor, Ghod wants you to be punished" sort of guy.

Which means of course, "Letter of the Law, Who Cares About the Constitution". Unless, of course, the Constitution can be used to make the point he wants it to make.

Very few other Judges in San Diego would ever toss the First Amendment to punish someone for "felony vandalism" that did no damage and was completely temporary.

The fine looks to be the cost of two or three hours of the B of A lawyers and a penalty for causing poutrage to a corporation - I doubt any customers of those banks were more negatively affected by the chalked complaints and comments - the public knew about the bail-out, and those customers already had opinions.
Actual "damage" would probably have been a total of $120 for the time and water it would take to remove whatever remnants of chalk were left by the time the branch got to cleaning their sidewalks.

Y'know, if he had defecated on the sidewalk, it would have caused more monetary damage as the bank would have had to pay to disinfect the area.

But what it really comes down to is that to those who worship the Prosperity Gospel, Mr. Olson - just a mere activist - shouldn't have questioned the authority of those "above his station".

Haele

[nadinbrzezinski]

8. We only could get one of the assholes out

Why I tell people...find out who is running for superior court...it matters.