Joined
·
16,164 Posts
Capitol Confidential » NYCLU sues after creative speeding ticket response results in arrest
Interesting to see how this plays out.
Interesting to see how this plays out.
Man Arrested For Creative Response On Speeding Ticket - NYCLU Sues
1 - 20 of 27 Posts
Joined
·
9,955 Posts
AKA Memo of Necessity as used by a tyrant.
Joined
·
977 Posts
The Federal District Court for the Southern District of NY had ruled back in 2004 that in NY, that section of the Penal Law is unconstitutional as it violates the 1st Amendment.
They had stated "No written or mechanical communication short of a threat of violence or death is actionable under Penal Law section 240.30(1).
With that being said, this arrest should be nullified without incident, and he has a good case for a lawsuit.
They had stated "No written or mechanical communication short of a threat of violence or death is actionable under Penal Law section 240.30(1).
With that being said, this arrest should be nullified without incident, and he has a good case for a lawsuit.
Joined
·
6,741 Posts
I agree Bob, on both counts! I also do not think he should be rewarded monetarily for his boorish behavior, other than recompense for out of pocket expenses relating to his case. His record should be expunged and the judge that issued the arrest warrant should, at the least receive a written reprimand from the highest authority capable of issuing such.
Robin
Robin
Joined
·
171 Posts
Nobody needs these assault words! You should only be allowed to use pump action words, and only 7 words in each sentence. That's reasonable speech control, guys.
Joined
·
14,520 Posts
trip said it all. i hope this guy sues and wins, but the shame of it is that us tax payers have to pay that bill, and the cost to fight it. personally, i think the judge who issued the bench warrant (im assuming) should be held personally accountable as the tax payers shouldnt have to pay the bill when someone who took an oath to uphold the Constitution clearly violates it.
Joined
·
5,239 Posts
Hey, If you cant get your idea...
REDACTED (... across in 7 words, it must be nonsense. Reasonable Free speech can have a limit of 7 words! Common sense free speech is what the children need and want. I mean really, a writer should be able to get the point across in 7 words or he has no business writing!)
REDACTED (... across in 7 words, it must be nonsense. Reasonable Free speech can have a limit of 7 words! Common sense free speech is what the children need and want. I mean really, a writer should be able to get the point across in 7 words or he has no business writing!)
Joined
·
977 Posts
I will say this though...
Although this section of Aggravated Harassment 2nd was ruled unconstitutional back in 2004, the law itself remains in all the books, including the looseleaf law ones, as well as the Laws of NY website. No clue as to why, but it's still there. At the very least, this case should've stopped at the DA level. Many justices out there have zero legal experience other than the minimum training. If the judge who signed the bench warrant was a local justice, there's a chance he's not a lawyer. Yeah, they should keep up on caselaw, but many don't.
Sometimes it works out as a major flaw, other times it doesn't. NOT defending either side, just throwing this out there as something to consider.
Although this section of Aggravated Harassment 2nd was ruled unconstitutional back in 2004, the law itself remains in all the books, including the looseleaf law ones, as well as the Laws of NY website. No clue as to why, but it's still there. At the very least, this case should've stopped at the DA level. Many justices out there have zero legal experience other than the minimum training. If the judge who signed the bench warrant was a local justice, there's a chance he's not a lawyer. Yeah, they should keep up on caselaw, but many don't.
Sometimes it works out as a major flaw, other times it doesn't. NOT defending either side, just throwing this out there as something to consider.
Joined
·
361 Posts
Constitution? 1st Amendment?
What are those? Never heard of those things in NY....
What are those? Never heard of those things in NY....
Joined
·
2,606 Posts
Seems like a violation of his civil rights... can go after the judge who did this in person in court, no?
Also after the municipality ... ?
I hope the judge ends up looking for work. Power-tripping mother ****er.
Joined
·
2,821 Posts
I think this article displays how the powers that be just want you to fall in line and be obedient little lemmings. Anyone rocks the boat and they are in violation, no matter what. They want their authority to be absolute and unquestionable/unchallengeable. I can't understand how this article could NOT bring on feelings of anger.
I find it interesting that many here are all for free speech until some drunk a-hole is sitting in a booth next to you swearing while your family is trying to have dinner. Just happened to my wife and I and there where kids there that had to listen to it too. It was obvious that any approach to this person would be a confrontation because he was talking about beating the crap out of his father when he was a teenager. Also, how would you like it if your wife or daughter had to put up with dealing with being threatened, abused while doing their job by opening the mail? Some things are just wrong and this is an example. He could have went to court if he thought he was not guilty.
Joined
·
1,128 Posts
Personally I find it quite childish to write that stuff on a ticket and then send it to a court and totally disrespect a judge like that. Chances are he really did get caught speeding and the ticket was legit. You do the crime just freakin plead guilty on the ticket or apprear in court and enter a not guilty plea. Why make yourself look like an idiot? This kid needs to grow up.
Joined
·
2,751 Posts
Judges have Absolute Immunity, Police Officers, and other government actors have Qualified Immunity ...
Joined
·
3,441 Posts
Ivan Kalter used to be my lawyer. He is a good guy, nice to see him overturn the BS
1 - 20 of 27 Posts
