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Activists Charged in Greenwich

by TChris

If you put up a sign on a Greenwich, Connecticut telephone pole seeking help in rescuing your lost cat, the local police will leave you alone. If you put up a sign complaining about the environmental policies of J.P. Morgan Chase, however, the local police will charge you with disturbing the peace -- at least if you post the sign on the street where the bank's CEO lives.

That lesson was learned by three environmental activists working on behalf of the Rainforest Action Network. The selective enforcement of an ordinance that bans signs on public property, and of the state law prohibiting disturbances of the peace, appears to hinge on the content of the posted sign, with police taking action only in response to political messages that offend neighborhood residents.

The decision to punish speech on the basis of its political contents violates the First Amendment. The ACLU of Connecticut may (and should) step in to help the activists.

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    Re: Activists Charged in Greenwich (none / 0) (#1)
    by Talkleft Visitor on Sun Mar 13, 2005 at 09:44:09 AM EST
    How many SC Justices will have to be replaced to make this stick? I figure Scalia and Thomas would vote to sustain a conviction, not sure how many other current justices are willing to dump the first amendment.

    Re: Activists Charged in Greenwich (none / 0) (#2)
    by Talkleft Visitor on Sun Mar 13, 2005 at 09:49:34 AM EST
    What a freedom loving nation! I hope this guy is not raped in the jail or beaten to death in prison, but its part of the political system, as long as you stay in line its ok, but get out of line and god help you. by the way bush and recomnquista are coming along just fine it all part of the deconstution of a people and the ideals of real freedom, oh yes! the state dept. assails other nations on human rights?

    Re: Activists Charged in Greenwich (none / 0) (#3)
    by Dadler on Sun Mar 13, 2005 at 10:09:25 AM EST
    idiots. freedom, genuine freedom, means you're going to be offended ten times a day, because people are free to do whatever they want, provided they harm no one. of course, this is nothing new, i know a couple here in socal who were arrested for wearing anti-bush t-shirts at one of his local campaign appearances. arrested. for t-shirts. when did we get such a weak national mind?

    Re: Activists Charged in Greenwich (none / 0) (#4)
    by Talkleft Visitor on Sun Mar 13, 2005 at 10:19:47 AM EST
    dadler - I remember that incident, and there was a bit more to it than that. Accuracy is not always your strongest assest. I hope these people win. There right to say things that people can see as nonsense should not be stopped. et al - If you wish some examples of freedom of such speech at work, click on the link. My personal favorite is "Everything we have developed over the past 100 years should be destroyed," Pentti Linkola.

    Re: Activists Charged in Greenwich (none / 0) (#5)
    by Talkleft Visitor on Sun Mar 13, 2005 at 10:34:55 AM EST
    How far do you want to extend this? Unless you put up a sign on your own property, there's a graffiti issue. Yes, the selective enforcement is an issue. On the other hand, are you going to celebrate my right to free speech if I start plastering your mailbox (which is not your property) with political slogans?

    Re: Activists Charged in Greenwich (none / 0) (#6)
    by Peter G on Sun Mar 13, 2005 at 01:02:49 PM EST
    The police cannot enforce a local sign ordinance in a way which discriminates according to viewpoint among messages of public interest (which includes both lost cats and environmental depradations). That's well settled in the Supreme Court's First Amendment jurisprudence, and despite "conscious angel"'s crack, neither Justice Scalia nor Justice Thomas (with whom I mostly disagree strongly) would take a different position. Similarly, otherwise protected speech cannot be suppressed because the person it concerns, or to whom it is addressed, is or would be offended by the speech. That's non-controversial First Amendment law also (established in the 1940s in a case involving Jehovah's Witnesses prostelytizing an anti-Catholic message in a Catholic neighborhood in Connecticut). If, on the other hand, the town has a nondiscriminatory ban on *all* pole-signs, but the Greenwich police have bigger fish to fry than keeping telephone poles pristine and therefore only get around to enforcing the sign ordinance when someone complains (regardless of the content of the message complained about), and generally no one complains about the "lost cat" signs, then the activists may not have a slam dunk case.

    Re: Activists Charged in Greenwich (none / 0) (#7)
    by scarshapedstar on Sun Mar 13, 2005 at 03:08:51 PM EST
    "If, on the other hand, the town has a nondiscriminatory ban on *all* pole-signs, but the Greenwich police have bigger fish to fry than keeping telephone poles pristine and therefore only get around to enforcing the sign ordinance when someone complains (regardless of the content of the message complained about), and generally no one complains about the "lost cat" signs, then the activists may not have a slam dunk case." That still sounds like selective enforcement to me. If state decides that they'll only charge people with murder if someone objects to the victim's death, I think people would view that as an equal protection problem.

    Re: Activists Charged in Greenwich (none / 0) (#8)
    by Talkleft Visitor on Sun Mar 13, 2005 at 06:04:20 PM EST
    ALL protest disturbs the peace, or it isn't protest. As the SCOTUS pointed out, in freeing Daniel Ellsberg, when the gov't is malfeasant to a high degree, the petty (and even great) laws of the land have to be seen in that context. Violating some town ordinance in the cause of peace while Bushliar is murdering 100,000s of civilians isn't a crime in any court that matters. If Bush burned his finger on his coke pipe, he would sue the manufacturer (or put him in jail, heh). He napalms thousands of innocent families, and people race to their computers to praise his bravery, in Jesus' name. It's hilarious, but Jesus weeps nonetheless.

    Re: Activists Charged in Greenwich (none / 0) (#9)
    by Talkleft Visitor on Sun Mar 13, 2005 at 06:53:27 PM EST
    ALL protest disturbs the peace, or it isn't protest. So good I had to copy and repeat it. well said.

    Re: Activists Charged in Greenwich (none / 0) (#10)
    by Talkleft Visitor on Sun Mar 13, 2005 at 11:49:40 PM EST
    [i]This is jive, TL. Do these people think they are somehow above the law? Why don't they use the democratic process like everyone else, and petition their legislators instead of harrassing their fellow citizens?[/i] Oh bah humbug. If some rich a***le paid for a 30 second ad to protest something no one would have a problem. When those who do not have the economic might of others to engage in the so called democratic process through its immensely expensive ways of communication, everyone gets their panties in a bunch.

    Re: Activists Charged in Greenwich (none / 0) (#11)
    by kdog on Mon Mar 14, 2005 at 06:37:07 AM EST
    For shame Greenwich...for shame.

    Re: Activists Charged in Greenwich (none / 0) (#12)
    by Patrick on Mon Mar 14, 2005 at 06:59:23 AM EST
    Peter G. hits the nail on the head. No one complains about the lost kitty signs.....

    Re: Activists Charged in Greenwich (none / 0) (#13)
    by kdog on Mon Mar 14, 2005 at 07:46:54 AM EST
    Complainers don't HAVE to be catered to. If I got the call at the police station or gov't office, I'd tell the complainer to wake up and smell the freedom.

    Re: Activists Charged in Greenwich (none / 0) (#14)
    by Talkleft Visitor on Mon Mar 14, 2005 at 01:21:20 PM EST
    "Posted by Sean S.: "Do these people think they are somehow above the law?" Why don't you ask Bush; you might even be able to get within a mile of him. Why don't you ask him why he thinks he's above the law? "Why don't they use the democratic process like everyone else, and petition their legislators instead of harrassing their fellow citizens?" We just did use the democratic process, but when the election officials signed legal affidavits that the election was stolen in Ohio, the Justice Dept. said they had no interest in investigating the SECOND election Bush stole. Don't lecture us on democracy, Bushlicker.

    Re: Activists Charged in Greenwich (none / 0) (#15)
    by Talkleft Visitor on Mon Mar 14, 2005 at 02:41:23 PM EST
    Ridiculous I know. But its happening. Apparently Greenwich has a town ordinance against such activities, which makes sense with the amount of CEO's and execs that are currently there. Stay tuned for more action as this is only the beginning. ACLU we love YOU.

    Re: Activists Charged in Greenwich (none / 0) (#16)
    by Talkleft Visitor on Mon Mar 14, 2005 at 03:29:35 PM EST
    TChris, Let me know if you want to stay close to this story. I'm the online organizer with RAN (www.ran.org)and I can keep you all in the loop. Drop me a note.... jels@ran.org

    Re: Activists Charged in Greenwich (none / 0) (#17)
    by Talkleft Visitor on Tue Mar 15, 2005 at 02:33:55 AM EST
    Keep fighting, Jay. Free speech, forever.

    Re: Activists Charged in Greenwich (none / 0) (#18)
    by Talkleft Visitor on Tue Mar 15, 2005 at 09:25:57 AM EST
    Hey PinLA, you say Bushlicker like it's a bad thing! Try to come up with a better perjorative;-)

    Re: Activists Charged in Greenwich (none / 0) (#19)
    by Talkleft Visitor on Tue Mar 15, 2005 at 10:46:07 AM EST
    hey all- I'm one of the 'perps' in this crazy case, so i just wanted to throw in my two cents. it's really disturbing to me that the CEO of JPMorgan Chase thinks he can get away with funding projects that abuse human rights and the environment while my fellow peaceful activists and I get hauled away for sticking up a few posters. just doesn't seem right. for more info on JPMorgan Chase's misdeeds, check out www.dirtymoney.org. also, email me if you want more info on how you can get involved...