Reply #22: What are you talking about? [View All]

[dr.strangelove]

Are you implying that:
1) The First Amendment somehow applies to protect Americans in foreign lands. It does not. the Constitution only has juristdiction in the United States. Foreign Embassies are foreign lands and are on foreign soil. The US Constitution cannot protect a citizen's right to assemble on a foreign land. The laws of that nation apply.

2) That somehow the US Constitution allows illegal activity.
You quote that 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. Lets take these one at a time. Can the government prevent people from the free exercise of religion if it involves human sacrifice, of course. Can the government prevent people from yelling fire in a crowded theatre, of course. Can the government prevent a newspaper from printing the secrets of teh atmoic bomb, or broadcasting the location of troop movement, of course. Can the government prevent people from peaceably assembling in a human chain to prevent a woman fro entering an abortion clinic, of course.

The fundimental rights provided in the US Constitution are determined under the legal standard of strict scrutiny. This means that the governmetn can take an action to violate these rights if there is a compelling interest involved and the government action is narrowly tailored to further the sompelling interest. Here the complelling interest is preventing criminal trespass. Arresting someone for violating a duly enacted criminal law is narrowly tailored to accomplish that interest. If Rangle was standing outside on the street with the rest of the protesters, he would not have been arrested. He violated a federal and D.C. criminal statute and was arrested accordingly.

FYU, he wanted to get arrested. If he didn't, he would have stayed in the legal protest area. He isn't upset he was arrested, nor does he blame the SS police for arresting him.

The US constitution provided him no protection from protesting on a foreign soil. Plus the D.C. criminal statutes against tesspass and the federal statutes protecting embassies were violated. The Constitution does not give you the right to violate any duly enacted laws.