Showing posts with label First Amendment - California. Show all posts
Showing posts with label First Amendment - California. Show all posts

Saturday, March 22, 2014

At some point, when you read this explanation by a Ph.D. holding professor, you must come to the realization that if this is the kind of person teaching our students we need to shut down the universities, level them, salt the ground and start over again.

From the police interview:

The officer continues:

I asked Miller-Young if she felt anything wrong had happened this afternoon. Miller-Young said that she did not know enough about the limits of free speech to answer my question. Miller-Young went on to say that she was not sure what an acceptable and legal response to hate speech would be. Miller-Young said that she was willing to pay for the cost of the sign but would “hate it.”

I explained to Miller-Young that the victims in this case felt that a crime had occurred. I told Miller-Young that I appreciated the fact that she felt traumatized by the imagery but that her response constituted a violation of law. Furthermore, I told Miller-Young that I was worried about the example she had set for her undergraduate students.

Miller-Young said that her students “were wanting her to take” the sign away. Miller-Young argued that she set a good example for her students. Miller-Young likened her behavior to that of a “conscientious objector.” Miller-Young said that she did not feel that what she had done was criminal. However, she acknowledged that the sign did not belong to her.

I asked Miller-Young what crimes she felt the pro-life group had violated. Miller-Young replied that their coming to campus and showing “graphic imagery” was insensitive to the community. I clarified the difference between University policy and law to Miller-Young and asked her again what law had been violated. . . . Miller-Young also suggested that the group had violated her rights. I asked Miller-Young what right the group had violated. Miller-Young responded, “My personal right to go to work and not be in harm.”

Miller-Young elaborated that one of the reasons she had felt so alarmed by this imagery is because she is about to have the test for Down Syndrome. Miller-Young said. “I work here, why do they get to intervene in that?”

I explained to Miller-Young that vandalism, battery and robbery had occurred. I also told Miller-Young that individuals involved in this case desired prosecution.//


Friday, December 28, 2012

California Supreme Court rules that content-based speech discrimination is permitted.

This ruling seems to reverse established First Amendment precedent by ruling that the California legislature can discriminate against speech it doesn't like by favoring speakers it does like:

Signature gatherers and protesters may be ejected from privately owned walkways outside a store, but labor unions may picket there peacefully, the California Supreme Court decided Thursday.
 The state high court unanimously agreed that private walkways in front of stores, unlike public areas in shopping malls, are not open forums accessible to anyone who wants to assemble to express a view. But the justices split, 6 to 1, in upholding two state laws that prevent courts from issuing injunctions against peaceful labor pickets on private property.
 The laws protecting labor pickets are justified "by the state's interest in promoting collective bargaining to resolve labor disputes," Justice Joyce L. Kennard wrote for the court
California "may single out labor-related speech for particular protection or regulation" as an exercise in the economic regulation of labor relations, Kennard wrote.
Lawyers said the ruling would give stores greater freedom to remove demonstrators near their entrances but also would embolden labor unions to post pickets at doorways.
The ruling stemmed from a dispute over pickets at a Ralphs grocery store in Sacramento. Union members stood by the store entrance passing out leaflets to protest the fact that employees were not unionized.
The store had a policy of preventing demonstrators from coming within 20 feet of the entrance and asked a court to evict the pickets as trespassers.
A trial judge refused, but an appeals court struck down the two state picket protections. The appellate court said the laws unconstitutionally favored communications by labor over other kinds of speech.
 
That would normally be true, but in California it seems that unions rule.

California - the Michigan of the future.
 
Who links to me?