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Do we still have the Constitutional right to free assembly, or not?


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2020 Apr 3, 7:19pm   1,482 views  24 comments

by Patrick   ➕follow (59)   💰tip   ignore  

Posting for a reader who doesn't post:

>>>> https://www.marketwatch.com/story/authorities-are-now-using-thermal-imaging-to-help-police-enforce-social-distancing-rules-2020-04-02
>>>>
>>>> hey, might it just be that "social distancing" means abrogation of First Amendment right of peaceable free assembly?
>>>>
>>>> https://en.wikipedia.org/wiki/Freedom_of_assembly
>>>>
>>>> Congress shall make no law abridging the right of the people peaceably to assemble . . . . .
>>>>
>>>> yes, "health & safety" considerations MUST abolish the Constitution . . . we MUST be "safe", YOU KNOW!!!!!
>>>>
>>>> "If once you give up your freedom in exchange for safety, in the end you shall have neither . . . " --Benjamin Franklin
>>>>
>>>> (not the verbatim quote -- actual quote was "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety")
>>
>> I got a lot of interesting feedback from this one, sent to a group of friends
>>
>> a lawyer told me that although my First Amendment argument was "clever, very clever" he would counter-argue that persons going out knowingly infected with CV was a sort of violence, and hence not a First Amendment protected act

Note: the writer doesn't think the UK police are bound by the First Amendment, speaking comparatively

Comments 1 - 24 of 24        Search these comments

1   EBGuy   2020 Apr 3, 7:31pm  

Don't worry. It can't happen here as we have a written Constitution. Or not...
Seattle Police Chief Tells People To Call 911 If They Hear 'Racist Name-Calling'
2   Misc   2020 Apr 3, 8:45pm  

Constitutions do not have a penalty clause if they are violated.
3   PeopleUnited   2020 Apr 3, 8:57pm  

Yes, we do. And it is the job of the president, the courts, the congress and everyone who has sworn the oath (US Senate Oath of Office: I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God) to see that this Constitution is upheld! The governors who have issued orders barring assembly have clearly violated the Constitution.
4   clambo   2020 Apr 3, 9:08pm  

The wet dream of bureaucrats is to have control over your life, your mind, your money, your labor, your movements, your opinions, and more.

Now we are all 1. unemployed 2. stuck in limbo; the date we will be finally "free" is ever-changing 3. scared to death by the media constantly showing bleating nurses and lecturing doctors. 4. have seen our net worth shrink (if we had investments).

The only good thing that may result from this is nobody will believe the lies and bullshit emanating from China ever again, and we will bring back some production of essential things to the USA where it belongs.
5   Cash   2020 Apr 3, 9:25pm  

North Idaho legislator, sheriff dispute governor’s stay-home order amid pandemic
https://www.idahostatesman.com/news/northwest/idaho/article241720171.html
7   Malcolm   2020 Apr 4, 6:16pm  

Patrick says
Note: the writer doesn't think the UK police are bound by the First Amendment, speaking comparatively


The UK respects free expression like the United States, but does not enshrine rights like the US Constitution does. Our Constitution and Declaration of Independence are based on the writings of English philosophers during the Enlightenment period.
8   Malcolm   2020 Apr 4, 6:18pm  

Misc says
Constitutions do not have a penalty clause if they are violated.


Juries may disagree.
9   Malcolm   2020 Apr 4, 7:08pm  

OccasionalCortex says
Bullshit. There are anti-free speech laws on the books that are enforced in the UK all the time that would be thrown out of court here.


You just rephrased what I said.
10   marcus   2020 Apr 4, 7:16pm  

Patrick says
Do we still have the Constitutional right to free assembly, or not?


You can't yell "FIRE" in a crowded theater, according to justice Holmes.

Does it follow that we don't have freedom of speech ?

Nahh,.. just another example of an exception.
11   FortwayeAsFuckJoeBiden   2020 Apr 4, 8:51pm  

Constitution doesn’t prohibit spread of contagious diseases.
12   Shaman   2020 Apr 4, 9:21pm  

I was talking to my wife about this last night. We both agreed that a quarantine order(shelter in place, lockdown, whatever) for everyone does violate the first ammendment, and is only enforceable by common consent, not through force of law.
I think that is why governors are generally pussyfooting around enforcement of this, and just asking the public to comply.
13   Ceffer   2020 Apr 4, 10:23pm  

The Sacred Pandemic has certainly brought out the Savonarola crazies around Santa Cruz. One woman posting on a local blog claiming to be a nurse has videos of people walking along the beach cliff with the surfers and says that the police should arrest them and the National Guard should be brought in. Another claiming to be an academic disgorged a lengthy screed with every fake scare he could rig in with people dying everywhere, young people getting it etc. I surmise he was part of the disinformation campaign if he was even real.

I was down by the beach, and a sign was posted saying the parks were not closed but that people were requested to keep appropriate distance while in public, nothing more.

One guy said he found a source of masks and posted a picture of himself wearing a jock strap on his face.



Yeah, it's a little gay, but when lives are in the balance? Maybe Kotex Belt masks would work, too!
14   GNL   2020 Apr 4, 10:30pm  

I am very sure it is unconstitutional. Problem is, that doesn't stop politicians from doing it anyway and depend on not being taken to court over it. The other problem is The General Welfare clause of the constitution. That clause is quite the bitch and I'd think it will eventually be used for everything.

Change my mind.
15   FuckTheMainstreamMedia   2020 Apr 4, 10:46pm  

WineHorror1 says
I am very sure it is unconstitutional. Problem is, that doesn't stop politicians from doing it anyway and depend on not being taken to court over it. The other problem is The General Welfare clause of the constitution. That clause is quite the bitch and I'd think it will eventually be used for everything.

Change my mind.


It’s does stop, but that involves citizens taking up arms.

We aren’t anywhere near there yet.
16   Malcolm   2020 Apr 5, 7:07am  

CovfefeButDeadly says
It’s does stop, but that involves citizens taking up arms.


That is one of the reasons we do bear arms, but the fact that we vote is the check on suspending the right to assemble temporarily for what is obviously a rational reason.
17   Tenpoundbass   2020 Apr 5, 9:22am  

Two of my friends came over last night to play some music. The bass players roommate told him there's an 11 O'clock curfew in Broward and the police will be pulling people over and issuing tickets. I went to three local news sites and none of which reported that.
18   Y   2020 Apr 5, 3:47pm  

Do we have free speech?
The fuckin bitchBat that echo located and vampired our asses is chirpingly chattering all the way back to the open space chinese fast food market to feast on some grandmothers deep fried msg laced terrior.
19   clambo   2020 Apr 5, 5:20pm  

One of my female widow friends called me and complained about the groups of boaters who congregate on a sand bar sometimes “Where are the authorities?” (to stop them)

I said “you should avoid the young people therefore” .

I said some are willing to defy the cops because it’s possible that the rules against assembly are illegal themselves.

I would argue that the government should provide every person with a mask, and everyone could do what he wants to do. The government should test everyone and give the results to us then determine who needs to be restricted.
20   Onvacation   2020 Apr 5, 6:06pm  

ThreeBays says
What part of "stay-at-home order" do you not understand?

Stay at home, play at home; same difference.
23   Patrick   2020 Apr 15, 9:30pm  

Sadly true:

WASHINGTON, D.C.—According to sources at the National Archives, doctors rushed the United States Constitution to the hospital and were forced to hook the document up to a ventilator after it began having trouble breathing Sunday afternoon.

The document reportedly slipped into a coma en route to the emergency room and was in critical condition for many hours. Doctors confirmed the worst: the founding document of our nation was infected with the novel coronavirus. Finally, surrounded by one or two mourners, as most people in Washington abandoned it a long time ago, it slipped away Sunday night.

"Between both political parties constantly trampling all over the Bill of Rights and stretching and distorting the Constitution for political gain whenever it's convenient, I just don't know how much more abuse it could have taken," said one doctor as he pronounced the Constitution's time of death: 20:20, ironically.

The 232-year-old Constitution has had its share of health scares, nearly being killed in the 1860s, the 1930s and 40s, and the early 2000s, but medical experts say this last crisis was just more than it could take. ...
24   steverbeaver   2020 Apr 15, 10:31pm  

? 18 USC 241 ?

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