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Iowa Caucus

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  • @baconhound said:

    And "my" interpretation of the 1st Amendment is anything that doesn't incite violence or cause violence is protected speech. So if you make it into a political rally you're speech should be protected.

    Yelling and causing a disturbance in a private event isn't protected under the first amendment. They're just disturbing all the people who waited however many hours to legitimately hear the event.

    If they were outside the private venue, then yes they'd be fine.

    If you went into a McDonalds and started yelling "McDonalds is evil" that's not protected under the first amendment, they'll kick your ass out

    @bbedward said:

    Yelling and causing a disturbance in a private event isn't protected under the first amendment. They're just disturbing all the people who waited however many hours to legitimately hear the event.

    If they were outside the private venue, then yes they'd be fine.

    If you went into a McDonalds and started yelling "McDonalds is evil" that's not protected under the first amendment, they'll kick your ass out

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

    While I don't disagree with you as we can see with the language of the First Amendment it strictly is talking about the power of Congress and the creation of law. Every situation that determines what speech is allowed and which isn't is strictly "our" interpretation of what was intended by the First Amendment.

  • @baconhound said:

    You're interpretation of the Constitution. Trump had "Anti-Trump" protesters removed from his rally, you ready to start a new thread.

    No it is not just my interpretation as this professor got criminal charges over this:

    Missouri Professor Who Called for ‘Some Muscle’ at Protest Is Charged

    http://www.nytimes.com/2016/01/26/us/melissa-click-missouri-professor-who-called-for-some-muscle-at-protest-is-charged.html

    @oldbrownsfan said:

    No it is not just my interpretation as this professor got criminal charges over this:

    Missouri Professor Who Called for ‘Some Muscle’ at Protest Is Charged

    http://www.nytimes.com/2016/01/26/us/melissa-click-missouri-professor-who-called-for-some-muscle-at-protest-is-charged.html

    I'm sure you actually read the link you posted. The misdemeanor assault charge is for striking the person and threatening harm, not saying "get the fuck out of here"...

  • Melissa A. Click, assaulted a videographer “by grabbing at his camera with her hand and attempting to knock it from his grasp” and “by calling out and asking for other people in the area at the time to forcefully remove him.”

  • Melissa A. Click, assaulted a videographer “by grabbing at his camera with her hand and attempting to knock it from his grasp” and “by calling out and asking for other people in the area at the time to forcefully remove him.”

    @oldbrownsfan said:

    Melissa A. Click, assaulted a videographer “by grabbing at his camera with her hand and attempting to knock it from his grasp” and “by calling out and asking for other people in the area at the time to forcefully remove him.”

    Misdemeanor assault, also referred to as a simple assault, generally means an act of violence against another person but can actually include any physical contact made without consent. Even a threat of bodily harm made with an apparent ability to cause the harm is considered assault. The threat must cause a reasonable fear of injury, otherwise there is no assault.

    Pretty simple definition. You have to have the ability to do harm for a verbal threat to be considered assault. If I'm in line at the movies and yell out, "will somebody punch this person" the plaintiff has to prove that I had the ability to persuade someone to punch the person. If I walk up and grab the person the misdemeanor assault case is already made.

  • @oldbrownsfan said:

    Melissa A. Click, assaulted a videographer “by grabbing at his camera with her hand and attempting to knock it from his grasp” and “by calling out and asking for other people in the area at the time to forcefully remove him.”

    Misdemeanor assault, also referred to as a simple assault, generally means an act of violence against another person but can actually include any physical contact made without consent. Even a threat of bodily harm made with an apparent ability to cause the harm is considered assault. The threat must cause a reasonable fear of injury, otherwise there is no assault.

    Pretty simple definition. You have to have the ability to do harm for a verbal threat to be considered assault. If I'm in line at the movies and yell out, "will somebody punch this person" the plaintiff has to prove that I had the ability to persuade someone to punch the person. If I walk up and grab the person the misdemeanor assault case is already made.

    @baconhound said:

    Misdemeanor assault, also referred to as a simple assault, generally means an act of violence against another person but can actually include any physical contact made without consent. Even a threat of bodily harm made with an apparent ability to cause the harm is considered assault. The threat must cause a reasonable fear of injury, otherwise there is no assault.

    Pretty simple definition. You have to have the ability to do harm for a verbal threat to be considered assault. If I'm in line at the movies and yell out, "will somebody punch this person" the plaintiff has to prove that I had the ability to persuade someone to punch the person. If I walk up and grab the person the misdemeanor assault case is already made.

    The student filming that protest had every right to be there and film it. It was a public event. He was not causing a disturbance and the professor was out of line in trying to remove him. Now she is facing criminal charges over it. The student was in the right and the professor was in the wrong.

    In the case with Trump a protester has every right to be at his meeting but if they cause a disturbance Trump has the right to have them removed. The professor did not have the right to have the student filming removed because he was doing nothing wrong. She might not have liked him filming the protest but that did not give her cause to do what she did. As a professor she should have known better.

  • @bbedward said:

    He removes anti Trump protesters from every rally

    And "my" interpretation of the 1st Amendment is anything that doesn't incite violence or cause violence is protected speech. So if you make it into a political rally you're speech should be protected.

    @baconhound said:

    And "my" interpretation of the 1st Amendment is anything that doesn't incite violence or cause violence is protected speech. So if you make it into a political rally you're speech should be protected.

    Maybe somebody thought they were going to start praying...

    😉

    WSS

  • @bbedward said:

    Yelling and causing a disturbance in a private event isn't protected under the first amendment. They're just disturbing all the people who waited however many hours to legitimately hear the event.

    If they were outside the private venue, then yes they'd be fine.

    If you went into a McDonalds and started yelling "McDonalds is evil" that's not protected under the first amendment, they'll kick your ass out

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

    While I don't disagree with you as we can see with the language of the First Amendment it strictly is talking about the power of Congress and the creation of law. Every situation that determines what speech is allowed and which isn't is strictly "our" interpretation of what was intended by the First Amendment.

    @baconhound said:

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

    While I don't disagree with you as we can see with the language of the First Amendment it strictly is talking about the power of Congress and the creation of law. Every situation that determines what speech is allowed and which isn't is strictly "our" interpretation of what was intended by the First Amendment.

    The rights provided under the first amendment do not extend to private property. There's many court cases about it but I'm too lazy to look them up.

    Universities are different too, but generally disrupting a public forum or class activities would not be guaranteed under the first amendment either.

    And we're not talking about the government intervening here, although those rules don't necessarily apply to the secret service.

    But you can be told to leave, if you refuse then you are trespassing.

  • This is the issue I have with someone fundamentally religious - when they make statements like:

    ...our rights do not come from the democratic party or the Republican party or even from the tea party. Our rights come from our creator.

    - Ted Cruz, couple days ago

    It implies that they want to impart the religious rule of their choosing over everybody, regardless of their religion.

  • Cruz looks and has the demeanor of every guilty party in an SVU episode.

  • This is the issue I have with someone fundamentally religious - when they make statements like:

    ...our rights do not come from the democratic party or the Republican party or even from the tea party. Our rights come from our creator.

    - Ted Cruz, couple days ago

    It implies that they want to impart the religious rule of their choosing over everybody, regardless of their religion.

    @gftchris said:

    This is the issue I have with someone fundamentally religious - when they make statements like:

    It implies that they want to impart the religious rule of their choosing over everybody, regardless of their religion.

    No, that's what our constitution and declaration say.

    I'm not a Cruz fan either, but this is a stretch.

  • This is the issue I have with someone fundamentally religious - when they make statements like:

    ...our rights do not come from the democratic party or the Republican party or even from the tea party. Our rights come from our creator.

    - Ted Cruz, couple days ago

    It implies that they want to impart the religious rule of their choosing over everybody, regardless of their religion.

    @gftchris said:

    This is the issue I have with someone fundamentally religious - when they make statements like:

    It implies that they want to impart the religious rule of their choosing over everybody, regardless of their religion.

    I don't see it that way. Cruz is a strong follower of the constitution and he has no intentions of trying to make the United States a theocracy.

  • @gftchris said:

    This is the issue I have with someone fundamentally religious - when they make statements like:

    It implies that they want to impart the religious rule of their choosing over everybody, regardless of their religion.

    I don't see it that way. Cruz is a strong follower of the constitution and he has no intentions of trying to make the United States a theocracy.

    @oldbrownsfan said:

    I don't see it that way. Cruz is a strong follower of the constitution and he has no intentions of trying to make the United States a theocracy.

    Except when he says things like the supreme court ruling on gay marriage was unconstitutional and he's going to change it.

    The constitution he's referring to is his bible.

  • @oldbrownsfan said:

    I don't see it that way. Cruz is a strong follower of the constitution and he has no intentions of trying to make the United States a theocracy.

    Except when he says things like the supreme court ruling on gay marriage was unconstitutional and he's going to change it.

    The constitution he's referring to is his bible.

    @bbedward said:

    Except when he says things like the supreme court ruling on gay marriage was unconstitutional and he's going to change it.

    The constitution he's referring to is his bible.

    Was the gay marriage ruling unanimous? If it wasn't there is at least some question among the scholars on the Supreme Court as to its constitutionality.

    Just like Obamacare. Split decision and decided specifically because the court decided that what Obama said was wrong. He said it is not a tax but the only way it could be found constitutional was to say that it was. And that's what they did.

    There were at least three candidates much more invested in religion than Ted Cruz. Santorum Huckabee and Carson.

    WSS

  • The constitution doesn't say anything about gays.

    But it does say freedom and liberty for all. The 14th amendment equal protection clause was relevant in the decision iirc.

    Gay marriage was always a state thing, the supreme Court ruled it's unconstitutional under the equal protection clause.

    It was not unanimous but it doesn't matter, Ted Cruz wants to overrule the SCOTUS because the constitution's definition of equal rights don't correlate with his religious beliefs.

    They'll shut him down, but as president he'd nominate batshit insane social conservative justices (it's likely the next POTUS will have to nominate at least a couple), then they'll have the power to set us back another 30 years.

  • The constitution doesn't say anything about gays.

    But it does say freedom and liberty for all. The 14th amendment equal protection clause was relevant in the decision iirc.

    Gay marriage was always a state thing, the supreme Court ruled it's unconstitutional under the equal protection clause.

    It was not unanimous but it doesn't matter, Ted Cruz wants to overrule the SCOTUS because the constitution's definition of equal rights don't correlate with his religious beliefs.

    They'll shut him down, but as president he'd nominate batshit insane social conservative justices (it's likely the next POTUS will have to nominate at least a couple), then they'll have the power to set us back another 30 years.

    @bbedward said:

    The constitution doesn't say anything about gays.

    But it does say freedom and liberty for all. The 14th amendment equal protection clause was relevant in the decision iirc.

    Gay marriage was always a state thing, the supreme Court ruled it's unconstitutional under the equal protection clause.

    It was not unanimous but it doesn't matter, Ted Cruz wants to overrule the SCOTUS because the constitution's definition of equal rights don't correlate with his religious beliefs.

    They'll shut him down, but as president he'd nominate batshit insane social conservative justices (it's likely the next POTUS will have to nominate at least a couple), then they'll have the power to set us back another 30 years.

    So you think that your batshit insane Democrats in the houses would confirm that nomination?

    PSMs I'm wrong the Constitution doesn't say anything about marriage either.

    WSS

  • @bbedward said:

    The constitution doesn't say anything about gays.

    But it does say freedom and liberty for all. The 14th amendment equal protection clause was relevant in the decision iirc.

    Gay marriage was always a state thing, the supreme Court ruled it's unconstitutional under the equal protection clause.

    It was not unanimous but it doesn't matter, Ted Cruz wants to overrule the SCOTUS because the constitution's definition of equal rights don't correlate with his religious beliefs.

    They'll shut him down, but as president he'd nominate batshit insane social conservative justices (it's likely the next POTUS will have to nominate at least a couple), then they'll have the power to set us back another 30 years.

    So you think that your batshit insane Democrats in the houses would confirm that nomination?

    PSMs I'm wrong the Constitution doesn't say anything about marriage either.

    WSS

    @westside-steve said:

    So you think that your batshit insane Democrats in the houses would confirm that nomination?

    PSMs I'm wrong the Constitution doesn't say anything about marriage either.

    WSS

    No but the congress is currently republican controlled.

    The marriage thing has always been a state law, the ruling was just that it was unconstitutional via the equal protection clause - which basically says States must guarantee equal protection of the laws.

  • @oldbrownsfan said:

    I don't see it that way. Cruz is a strong follower of the constitution and he has no intentions of trying to make the United States a theocracy.

    Except when he says things like the supreme court ruling on gay marriage was unconstitutional and he's going to change it.

    The constitution he's referring to is his bible.

    @bbedward said:

    Except when he says things like the supreme court ruling on gay marriage was unconstitutional and he's going to change it.

    The constitution he's referring to is his bible.

    How does he change it as president? Once the Supreme Court ruled on this there is not a whole lot that can be done. Cruz is a big time advocate of following the constitution and I don't see where anyone should be frightened of that.

  • @bbedward said:

    Except when he says things like the supreme court ruling on gay marriage was unconstitutional and he's going to change it.

    The constitution he's referring to is his bible.

    How does he change it as president? Once the Supreme Court ruled on this there is not a whole lot that can be done. Cruz is a big time advocate of following the constitution and I don't see where anyone should be frightened of that.

    @oldbrownsfan said:

    How does he change it as president? Once the Supreme Court ruled on this there is not a whole lot that can be done. Cruz is a big time advocate of following the constitution and I don't see where anyone should be frightened of that.

    He thinks the supreme court ruling on gay marriage is a violation of the "religious liberty" provided by the constitution.

    "I will defend the constitution of the United States....unless it conflicts with my personal beliefs"

  • @oldbrownsfan said:

    How does he change it as president? Once the Supreme Court ruled on this there is not a whole lot that can be done. Cruz is a big time advocate of following the constitution and I don't see where anyone should be frightened of that.

    He thinks the supreme court ruling on gay marriage is a violation of the "religious liberty" provided by the constitution.

    "I will defend the constitution of the United States....unless it conflicts with my personal beliefs"

    @bbedward said:

    He thinks the supreme court ruling on gay marriage is a violation of the "religious liberty" provided by the constitution.

    "I will defend the constitution of the United States....unless it conflicts with my personal beliefs"

    Oh well, for better or worse whatever the Constitution says about religious liberty is now a moot point. That horse has left the barn.

    He can't change anything without an amendment anyway and that requires 60% of the vote I think.

    WSS

  • @oldbrownsfan said:

    How does he change it as president? Once the Supreme Court ruled on this there is not a whole lot that can be done. Cruz is a big time advocate of following the constitution and I don't see where anyone should be frightened of that.

    He thinks the supreme court ruling on gay marriage is a violation of the "religious liberty" provided by the constitution.

    "I will defend the constitution of the United States....unless it conflicts with my personal beliefs"

    @bbedward said:

    He thinks the supreme court ruling on gay marriage is a violation of the "religious liberty" provided by the constitution.

    "I will defend the constitution of the United States....unless it conflicts with my personal beliefs"

    The gay marriage ruling was a 5-4 decision with 4 justices strongly disagreeing with it so it was not a slam dunk ruling even with the great legal minds. Cruz sides with the 4 dissenting judges. As president he may get to nominate conservative judges but I don't see much else he can do once the Supreme Court has ruled.