The Briefing Room
State Chapters => Florida => Topic started by: Wingnut on May 17, 2022, 12:00:44 pm
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Great Gov. we have here in FL.
TALLAHASSEE, Fla. (AP) — Anyone who protests in front of a private residence in Florida can face jail time and fines under a bill Republican Gov. Ron DeSantis signed Monday.
The legislation makes it a second-degree misdemeanor to protest in a manner that is aimed at intentionally harassing or disturbing someone in their home. Violators face 60 days in jail and fines of up to $500.
Protesters can only be arrested after ignoring law enforcement’s orders to disperse, however.
The governor said the new law will prevent protests in Florida like those waged by abortion rights protesters in front of U.S. Supreme Court justices’ homes in Virginia.
“Sending unruly mobs to private residences, like we have seen with the angry crowds in front of the homes of Supreme Court justices, is inappropriate,” DeSantis said in an email to news agencies. “This bill will provide protection to those living in residential communities and I am glad to sign it into law.”
Some Democrats opposed the bill, arguing it infringes on people’s First Amendment rights to free speech.
The law is scheduled to take effect Oct. 1.
https://apnews.com/article/us-supreme-court-government-and-politics-florida-ron-desantis-f17f10235d1f985f4996744ac3d5b15c
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A Fishrrman prediction:
When tested in the courts, Mr. DeSantis' "picketing rule" is destined to fail.
I'll go so far as to predict that it could be unanimously overruled in the U.S. Supreme Court.
Let's look at the text of the First Amendment:
"...or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
Where in the above "original text" is the concept of "a location" specified or defined?
Don't see anything that would restrict peaceful protests conducted in residential areas -- do you?
Is there some "penumbra" from which that can be invented?
So long as a demonstration/protest secures necessary permitting (where such permitting is required before an "assembly"), and so long as it remains peaceful, and so long as it's conducted on public property (this would exclude streets and homes in private communities), I see nothing in the First Amendment that can restrict such demonstrations or protests.
Dear reader, you're a member of this site, or otherwise reading here, because you're "of the right", are you not?
And... along the same lines... those of you who support the SECOND Amendment will consistently object to the rights recognized and secured by that amendment from being "infringed", is my assumption not correct?
Then... how can you agree with legislation that would "infringe upon" the First Amendment? Do you not agree that it should be interpreted as "original text", as originally written? Why should it be restricted?
You may point out at existing federal or state laws that restrict demonstrations in front of the homes of judges. I'm wondering if any of these laws have ever been challenged "up to" the level of the U.S. Supreme Court?
If not, I sense that they soon will be...
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A Fishrrman prediction:
When tested in the courts, Mr. DeSantis' "picketing rule" is destined to fail.
I'll go so far as to predict that it could be unanimously overruled in the U.S. Supreme Court.
Let's look at the text of the First Amendment:
"...or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
To answer your objections:
1) Yelling, shouting, and waving signs could easily be construed as not a peaceable assembly;
2) Having a protest in front of a private residence is not petitioning the Government for a redress of grievances.
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A Fishrrman prediction:
When tested in the courts, Mr. DeSantis' "picketing rule" is destined to fail.
I'll go so far as to predict that it could be unanimously overruled in the U.S. Supreme Court.
Bullshit.