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by: Aaron Silverstein

07/29/08 @ 07:56:56 PM MDT


JaciCee's diary on DailyKos points us to a ruling of the 10th Circuit Court of Appeals in Denver. The ruling held that police who violate protesters' First Amendment rights do not have a qualified immunity shield to hide behind. The case relates to a protest in Albuquerque where police had used tear gas to disperse protesters that were allegedly blocking traffic.

Qualified immunity extends to government employees who are found to violate constitutional rights before those rights are well established in the courts.

The court determined there was "no question" that protesting a war is a constitutionally protected activity and the use of tear gas, pepper spray and physical force to disperse plaintiffs and protesters "could have chilled a person of ordinary firmness from continuing to participate in the demonstration."

The Denver police should pay close attention to this ruling, and be aware that they may be held personally legally liable for actions they take during the Convention.

Aaron Silverstein :: Court rules in favor of Anti-War protesters


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By far and away, not all Denver or Colorado policemen and policewomen are predisposed to the churlish behavior that does seem to become a part of some demonstrations, particularly those that may be connected to this particular type of event. However, one would hope that those with the propensity to misbehave will be sufficiently forewarned. Likewise for those protestants similarly inclined. Provacateurs are quite likely to abound on both sides. Hopefully, the calmer and more rational thinkers involved on all sides will help to keep things civil, Limbaugh and his Operation Chaos be damned. That said, there is no doubt that managers of both of the national conventions have widely overstepped their bounds on curtailing protest. Working around them will require much creative  and prescient forethought, and I would hope there will be a successful outcome for all concerned. Make that read minimal agitation all around with the appropriate protest being allowed to happen in a timely manner.  

Protest is All-American (4.00 / 1)
Lest we forget, the Founders were a bunch of rabble-rousers, who petitioned their government for a redress of their grievances.  Unfortunately, too many elected and Party officials have forgotten what the First Amendment to the United States Constitution, and Article II, Sections 10 and 24 of the Colorado Constitution, guarantee to the "little people" whom they ostensibly serve.

Case law in Colorado establishes that the Colorado Constitution provides greater protection to protesters than even the United States Constitution (under free speech and "right to assemble and petition" theories).  The law enforcement officials who will be "policing" the protesters would do well to remember this.

Casey Mulligan


[ Parent ]
Should it even be a question? (0.00 / 0)
Especially when you consider that the majority of Americans are against the Iraq War.
Last year, we spent $133 Billion on the Iraq war. If our elected officials had been investing in our economy here at home, we could have paid for: health care for 3,920,9905 people for one year, Head Start for 18,251,681 students for one year; and we could have powered 137,823,834 homes with renewable electricity for one year.

To bring this information home to all Americans, Progressive Future has built an online tool called the Invest in US Calculator. The calculator takes a person's 2007 income before taxes and tells you how much of that person's tax money went to fund the war (average: $235), and how many seconds of war that bought (average: .04 seconds). Then it tells you, with that money, how many days of health coverage that could pay for (average: 25), how many days of Head Start education (average: 12), how many days of heating a home with renewable energy (average: 78), and how many days of veterans' higher education benefits (average: 5) that money could have paid for. Then we are asking users to sign our Invest In US petition, which we plan on taking to Congress, the Platform Committees, and the media to push for new priorities for tax spending.  


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