For example, if I wanted to park somewhere* and a cop comes and gives me a ticket, is that a violation of the First Amendment (freedom of assembly)?
*There is a sign that says "no parking".
Now if the same situation happened above except instead of myself, there were 10 other vehicles there, would it change your answer to the previous question?
Answers:
Your constitutional rights are not obsolete. Meaning you have the freedom of assembly as long as it doesn't break the law. In your case it would... cause there is a No Parking sign.
I don't think you will get to first base with who is violating what here! Get over it and concentrate on more profitable business!
1 a sign trumps all written laws
2 no sign, others parked there, what's the problem?
3 "assembly" means PEOPLE assemble (get together)
City laws NEVER overrule constituional rights, but your interpretation of your constitutional rightsare all screwy.
No law can be Un-Constitutional.
The Constitution trumps all.
The Constitution is the supreme authority. However, you rights under it are NOT unlimited. They are limited by other rights for example.like you don't have the right to assemble in my house. In your situation, the state has police power to maintain the peace, etc. As long as it doesn't unnecessarily infringe upon your Constitutional right, it can exert its police power.
No. Because no fredom is unfettered.
You have freedom of speech, but you don't get to yell, "Fire" in a crowded room either.
"Parking" is just that. It's not assemblage in for purposes of meeting or protest.
Even if it were, the local authorities have the right to tell you WHERE you can go in the same way that the Secret Service can put anti-war "protest zones" two blocks from a speech.
Your constitutional rights only extend as far as they do not do harm to another. Forinstance, you have the right to free speech, but you do not have the right to yell "fire" in a crowded theater.
No parking laws are enacted for a purpose, usually public safety.
During a fourth of July celebration (a long time ago) I parked on the sidewalk, then got out and encouraged everyone else to park there also, with the rationalization, "they can't arrest all of us."
I was right...they only arrested me! Ah, to be young and foolish again!
Pay the ticket and get on with your life.
Well, since you obviously can read the sign that said "No Parking" you deserved the ticket. The First Amendment has noting to do with being able to ignore traffic signs.
To answer your question- no. A law cannot be made for a city or state if it conflicts with the Constitution. Usually you find "No Parking" signs on grass, curbs near fire hydrants and curbs in parking lots. Ruining property, blocking fire hydrants and blocking traffic are against the law, hence the friendly warning of the sign. Right of assembly? I don't get where that ties in, pal.
If there were 10 other cars there, the cop would write each and everyone a ticket at the least and have them towed at the most.
The first situation would not violate your freedom of assembly, since you are the only one assembling. I would surmise that an assembly of people would constitute more than one person.
The second situation isn't a violation of freedo of assembly, even though there is a larger group involved. However, there are other things that the group can be cited for.
The no parking sign says one cannot park in an area; however, if a group parked in a designated area and assembled under the sign that would be a different issue.
Besides you have the right to assemble wherever you like; however, the city can require a group or indvidual to obtain a permit prior to assembling. This doesn't infringe upon your right to assemble, it protects the city from any liability as a result of the event in question.
Sorry, can't go along with that one, otherwise there would be chaos in the streets with driving too!
They can if you don't fight back on certain issues! Take those who choose to smoke and how school districts take away sodas, because of whatever their reasoning maybe or eating flaugrah because the geese are force fed.depends upon whether or not you choose to be Gumby!
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment