Craig3410
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Wed Feb-01-06 12:45 PM
Original message |
Cohen V. California -- Precedent for Cindy |
stevedeshazer
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Wed Feb-01-06 12:48 PM
Response to Original message |
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Appellant was convicted of violating that part of Cal. Penal Code § 415 which prohibits "maliciously and willfully disturb the peace or quiet of any neighborhood or person . . . by . . . offensive conduct," for wearing a jacket bearing the words "Fuck the Draft" in a corridor of the Los Angeles Courthouse. The Court of Appeal held that "offensive conduct" means "behavior which has a tendency to provoke others to acts of violence or to in turn disturb the peace," and affirmed the conviction. Held: Absent a more particularized and compelling reason for its actions, the State may not, consistently with the First and Fourteenth Amendments, make the simple public display of this single four-letter expletive a criminal offense. Pp. 22-26.
1 Cal. App. 3d 94, 81 Cal. Rptr. 503, reversed.
<snip>
more: at Craig3410's link
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xiamiam
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Wed Feb-01-06 12:51 PM
Response to Reply #1 |
2. much less a statement of fact versus an opinion...nt |
Kagemusha
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Wed Feb-01-06 12:57 PM
Response to Original message |
3. Sigh. I'll say it again... the Constitution says Senate rules are its own. |
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And that the courts have basically no right to second guess the Senate's rules, in particular, its rules for decorum on its own grounds.
You cite a courthouse for precedent as if that precedent should be held over the head of the Senate, which has its rights guaranteed in the Constitution itself.
It's a precedent for Cindy anywhere but where she actually got removed from.
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pnwmom
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Wed Feb-01-06 01:36 PM
Response to Reply #3 |
4. Kagemusha, do you know by any chance what the Senate rules say? |
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Do you know the Senate rules were followed? Or did Mr. Weight just make the decision to eject Cindy on his own?
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Name removed
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Wed Feb-01-06 01:41 PM
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Message removed by moderator. Click here to review the message board rules.
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Mon May 06th 2024, 04:12 PM
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