Sen. Lindsey Graham appeared to confirm this week one of the greatest fears for civil libertarians in the aftermath of the burning of the Qu’ran (Koran) by Rev. Terry Jones. With Muslims murdering innocent people as a protest to the book burning, Senator Graham has called for Congress to go hold people accountable for such acts. The message is clear and predictable: if someone’s exercise of free speech has caused problems, limit the free speech.
In the video above, Graham states “I wish we could find a way to hold people accountable.” He stresses “[f]ree speech is a great idea, but we’re in a war.” Of course, neither he nor his colleagues ever bothered to declare war. Likewise, Obama did not even consult with Congress before going to war in Libya.
Fortunately, the Constitution still exists to bar such impulses against free speech. Notably, however, China is arresting people who are viewed as destabilizing the country with their art and ideas. Now some members of Congress want to join countries in a type of criminal blasphemy law — an idea that Obama appeared to accept in supporting a resolution under pressure from Arab allies on protecting religion from critics.
Free speech is designed to protect us against our own leaders — like Sen. Graham. It is not enjoyed at the whim of the U.S. Senate. And, by the way, the diaper genie is a “great idea.” Free speech is what defines us as a people.
Jonathan Turley
Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.
Not to be compelled to testify against himself or to confess guilt.
To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
— I didn’t get these rights. I was supposed to confess to filing a lawsuit that was not allowed by Judge Nottingham as a condition of release.
In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:
To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;
To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;
No criminal complaint was filed. There was no document entitled injunction. There was no memorandum opinion.
I was told in court that I did not have a right to a lawyer. Then I was sent to jail. The federal public defender wrote to me in jail that he couldn’t represent me.
The United Nations INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
Everyone has the right to liberty and security of person.No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. — I didn’t get this right
It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment. — I didn’t get this right – – no bail hearings
Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. — I didn’t this right and these anonymous bloggers think I shouldn’t have it.
Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons; — I didn’t get this right
No one shall be arbitrarily deprived of the right to enter his own country — I didn’t get this right. I went to Canada. The USMS called me and said I would be arrested if I returned to the U.S. without filing motions to dismiss my third party civil lawsuits.
In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. _ I didn’t get this right. I was told in court by the private prosecutor that I didn’t have a right to an evidentiary hearing. The witnesses against me were not sworn and I was not allowed to cross examine them. Nottingham said I could only make a 5 minute presentation and in court vowed that he would not listen.
Yes, I think that if German courts were better that the oppression of Jews, Homosexuals etc. would have stopped at the taking of property stage before the extermination stage.
There is a movie about that called Judgment at Nuremberg. I haven’t seen it.
I do know that the German constitution does not allow prosecutions for civil contempt.
Also, I read the United Nations International Covenant on Civil and Political Rights, which was written after WWII with the input of many attorneys and countries. That has language with rights I wasn’t allowed. I saw a notice in the United Nations that the US has not fully adapted the Covenant.
The Covenant has language about expanding the opportunity for government funded lawyers to represent people in civil proceedings. The US does not recognize that language.
If the U.S. passed a law today saying that all Moslems should turn over their property to Christians, what would U.S. courts do?
“Contempt of court was how the Holocaust started. Jewish lawyers didn’t defend pro se rights.”
Kay,
This is bizarre. Do you really think the NAZI courts would have recognized any Jewish filings. Do you believe that the Concentration Camp Death trains could have been stopped via injunction? If you do then you are delusional when it comes to this subject.
Kay,
Have you not gotten a hint yet? I thought it was just I…or does not what others have to say really matter?
Sorry to discuss DOJ ‘s obligations under 5 USC 522a e(7).
No one seems to have much to say about burning religious materials. But basically the same scenario could have started if I was accused of molesting a woman by burning religious materials.
Another example of DOJ possession of First Amendment Records came up recently with Ed Slavin. He was a lawyer who criticized the Supreme Court of Tennessee. Therefore he was disbarred and ordered to go to jail for 10 days. He moved to St. Augustine Florida and there he criticized the city attorney. It looks like the city attorney called the USMS and they came and arrested him for criticizing the Tennessee Supreme Court. But they let him go.
The Joint Automated Booking System as described in the Code of Federal Regulations is only supposed to be used when there is a criminal prosecution.
Anyway, based on this blog my plan is to get the federal court to rule that DOJ is exempt from 5 USC 552a e(7) and can possess First Amendment Records of whomever they feel like for any reason they want. That DOJ and the Courts can interpret 5 USC 552a e(7) and change that clause.
I am a tireless advocate for reality, Frank.
Guys – why are you wasting bits & bytes responding to Kay? This has gone past the point of reasonableness. I quit reading Kay’s screeds the second they drift off to “The Events” (truthfully when not on “The Events” I find some of them worth reading).
I am not a lawyer & never played on on TV either but I was shocked when I first read “The Events”. But the screeds got old very quickly as they had nothing to do with the topic. Then I realized what the actual cause of “The Events” was. Thanks for all the detail BIL but it was obvious some time ago that Kay has no interest in this silly little reality business you insist on bringing up.
Kay’s “The Event” screeds go with Tooties pointless bullshit into my DNR pile. Just skip past them as if they do not exist. They add nothing of value, you can not bring reason, reality or light to their darkened minds and it only clogs the threads with (152 at my last count for this one) pointless crosstalk.
Kay-
When you are up against the Sheriff of Nottingham, don’t bother the Buddha- send your appeal directly to Robin Hood. He isn’t into legal niceties- he’s more likely to use the precursors of Second Amendment remedies. You know- the right to keep and bear longbows.
Thank you Kay. He was only seventeen, eleven years less than your friend had. Sometimes life yield bitter fruit.
Kay, beat a retreat while you still can. Your life is not defined by what other people think of you. When you do that, you give them unlimited power over you. Give others power over yourself and you have nothing.
You have lost the battle. Any West Point graduate will tell you that when you lose a battle, you do not keep throwing troops into a losing situation. All you do is waste resources needlessly. You lost. They won. End of story. Keep on as you are doing and you will end up in contempt again and back in the slammer. If that is what you want for yourself, keep digging. You have done immense damage to your life, your family and your finances. Stop throwing precious resources into a legal meat grinder.
Based on some of the things you have said, I want to modify my earlier suggestion. In addition to getting credit or bankruptcy assistance, you need to talk to a mental health professional. Talk to a competent psychologist or psychiatrist. Any time someone sees suicide as a viable option, or as the only alternative option, it is a gigantic red flag. Get help. Now.
My house is in foreclosure now. I had a chance to get a new mortgage but it fell though because of the attorney fee shifting judgments. Wells Fargo sent a motion for them to declare their interest in my house and only one of them signed a waiver. So they wouldn’t let me out in bankruptcy anyway. That is one reason why I must win a lawsuit.
I am sorry about your grandson.
I went to a funeral last week of someone who committed suicide at age 28. A family friend.
The truth is that I had a case for First Amendment Retaliation, I didn’t get a trial, I didn’t get a memorandum opinion, I didn’t get an injunction, and I didn’t get a rule 11 c 6 order. I got my life ruined because I sued a drug dealer and then the USMS decided to throw me in the dungeon because I tried to get a hearing before another judge.
Raff, your comment did not cause me any pain. You are a good man for worrying about that. And they say lawyers are not sensitive! No, I am just sad today and keep thinking what might have been if it were not for that damnable cancer.
What you are saying as truth is
I will always lose in court regardless of the law because I am on a list of people that are to be disliked by judges because I tried to stick up for myself in a legal manner.
I would rather have my life mean something than mean nothing.
Kay,
Suicide is never a good answer to any problem.
“Outside the public employment context, plaintiffs must prove the following elements to establish a retaliation claim: (1) that the plaintiff was engaged in constitutionally protected activity; (2) that the defendant’s actions caused the plaintiff to suffer an injury that would chill a person of ordinary firmness from continuing to engage in that activity; and (3) that the defendant’s adverse action was substantially motivated as a response to the plaintiff’s exercise of constitutionally protected conduct.” http://www.ca10.uscourts.gov/opinions/05/05-6106.pdf
“Kay kept yelling that her husband just can’t break the law because he’s council president.” “Kay called her husband an asshole.” “Kay kept shouting phrases you’re breaking the law, obey the constitution and you can’t build that thing.” “Matt said she yelled something about violating building codes and the U.S. Constitution”. S
In County Court under oath Jane Bennett said “I say Mrs. Sieverding … she started jumping up and down and screaming in the scariest voice ‘Just because you are the wife of the city council president doesn’t mean you can break the law’.
In County Court, ‘witnesses said Sieverding allegedly stood in the street in front of the Bennett home and ‘screamed at the top of her lungs’ that the Bennetts were violating her constitutional rights and breaking the law.”
OS,
I am so sorry! I hope my comment did not cause you any more pain. He is in a better place and will always be with you.