Woman's First Amendment Right Violated By Cops
She sees them stopping two young men while riding by on her bike, says "Fuck the police" and gives them the finger -- and they arrest her for it. She said they threw her in jail for 23 hours, some of which she spent in solitary confinement. She says that the cops said children heard what she sad, and gave as the reason for arresting her:
Well, I don't think the Constitution has a listener exemption, and also, Cohen v. California, 1971, the "Fuck the Draft" case, which went to the Supreme Court. From Oyez.org:
(Justice) Harlan recognized that "one man's vulgarity is another's lyric." In doing so, the Court protected two elements of speech: the emotive (the expression of emotion) and the cognitive (the expression of ideas).
Many of the watch commanders (the sergeant or lieutenant in charge of the station for a shift) at the precinct near me can barely sound out the noise laws. And I'm talking about a really complex law (I'm joking on the complexity) that is supposed to protect my neighbors and me and residents in general -- one that says that a commercial business within 500 feet of residences can have no amplified sound at any time.
That sound ambiguous and Chaucerian to you? It means that if the business plays a thumping beat that residents can hear in their beds from blocks away, that is illegal. (Personally, I don't care if people have orgies and light themselves on fire as long as it doesn't keep me from sleeping.)
But, back to the Constitution, a more complex document, I think cops around the country need to read and study it, because there's a near constant violation of people's rights -- especially their First Amendment rights -- by the police these days. Maybe those with reading comprehension skills some of the watch commanders at my precinct can have a special children's version of the Constitution -- like the Schoolhouse Rock spots -- that teaches them that no, "Fuck people's rights," isn't the way to go.
This was probably my introduction to government:
No cause for alarm here. It sounds like the case is moving as it should and she will prevail.
That aside, not feeling a whole lot of sympathy for her. She deliberately provoked a confrontation, she got one, and now it looks like she's going to get a payoff for it.
Who knew that being an obnoxious hag would be so rewarding?
Patrick at October 14, 2012 7:35 AM
I'm sure I'm the only person on the face of the earth that enjoyed Schoolhouse Rock, but thought that Conjunction Junction and I'm Just a Bill were actually pretty lame.
I preferred the A Noun Is A Person, Place Or Thing, Verb, That's What's Happenin', and Sufferin' Until Suffrage.
Patrick at October 14, 2012 7:42 AM
If only more people would sue the police.............
SM777 at October 14, 2012 8:30 AM
I reloaded the page and ended up with "This was probably my introduction to government: " followed by the Kasparov flying penis video.
No wonder you're anti-government Amy!!!
BlogDog at October 14, 2012 9:51 AM
Amy Alkon
https://www.advicegoddess.com/archives/2012/10/womans-first-am.html#comment-3381950">comment from BlogDogfollowed by the Kasparov flying penis video. No wonder you're anti-government Amy!!!
Well, government is always trying to bend you over and bone you -- especially these days!
Amy Alkon
at October 14, 2012 10:30 AM
"Well, government is always trying to bend you over and bone you -- especially these days!"
LOL! Ain't that the truth!
(thanks for the laugh today!)
Charles at October 14, 2012 12:10 PM
"But, back to the Constitution... I think cops around the country need to read and study it, because there's a near constant violation of people's rights."
Sure, and if we make criminals around the country read the Constitution maybe they'll stop violating people's rights too. Cops don't give a damn about people's Constitutional rights any more than any other criminals do. Nor do they care if their victims sue the city. It isn't their money that's at risk.
Cops will start caring about other people's Constitutional rights when cops who violate people's rights are sitting in prison, getting fired, and paying for lawsuits out of their own pockets.
Ken R at October 14, 2012 1:06 PM
SM777 "If only more people would sue the police..."
Won't make any difference until criminal cops are required to pay the judgments out of their own pockets.
Ken R at October 14, 2012 1:08 PM
Won't make any difference until criminal cops are required to pay the judgments out of their own pockets.
Never happen with the cop unions, and the fact that when cops do break the law, they get investigated by other cops.
DrCos at October 14, 2012 1:49 PM
DrCos: "...when cops do break the law, the get investigated by other cops."
During two years when I worked in close proximity to law enforcement I learned that the purpose of Internal Affairs is to exonerate the department.
Ken R at October 15, 2012 2:37 AM
What did she expect? It could have been worse she could have been pepper sprayed, tasered, beaten, choked out, or even worse than that.
I'm not on the cops' side here. I'm just saying be smart. If you have a problem with cops then sue them or physically attack them. Passive-aggressive crap like starting arguments is a losing situation. Don't get into situations where you're at a disadvantage if you can prevent it.
Vic Kelley at October 15, 2012 10:39 AM
Amy Alkon
https://www.advicegoddess.com/archives/2012/10/womans-first-am.html#comment-3382885">comment from Vic KelleyCases like this are important because they train the police in what is abusive and unconstitutional behavior.
The "keep your head down" mentality is a major reason for the erosion of civil liberties today.
Know the risks and speak up. Please.
Amy Alkon
at October 15, 2012 11:24 AM
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