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pufferfish

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So a lawyer gets arrested for wearing a 'give peace a chance' t-shirt in a New York mall. Looks like Bush's "you are either with us or you're not" applies to Americans as well. Isolated case or the beginning of McCarthyism deja vu?

Lawyer arrested
 
pufferfish once bubbled...
So a lawyer gets arrested for wearing a 'give peace a chance' t-shirt in a New York mall. Looks like Bush's "you are either with us or you're not" applies to Americans as well. Isolated case or the beginning of McCarthyism deja vu?

*Note to self -Amanda, DON'T answer that. You'll get flamed.*

Err... No idea. :)
 
No matter what side you agree with, the man was NOT arrested for wearing the shirt. He was asked to leave by representatives of the MALL he was in. Whether you feel that they were right or wrong, he was arrested after refusing to leave (the mall is considered private property) for tresspassing.

The government had absolutely nothing to do with it, except to enforce a tresspass warrent, which they would have done if he had been asked to leave for any other reason (and refused, as above).

I do have an opinion on this matter, but see Amanda's note to self. :D
 
Reefguy, read the following line

"after refusing to take off a T-shirt advocating peace that he had just purchased at the mall."

He was arrested for wearing the t-shirt he had just purchased from a vendor in the mall. Trespassing was the pretext. They gave him the option to take off the shirt and continue your meal OR we will arrest you for trespassing presumably because there is no law yet for wearing a t-shirt with a viewpoint contrary to the current administration's view on the war.

No the government did not arrest this guy, but they have set the current atmosphere where people feel they have the right to quash dissenting opinion.

The issue here is not whether you support the war or not, but why an American citizen was arrested for expressing an opinion about the war.

Amanda you are not allowed to say anything in this debate as we know what side you are on,....you might get arrested :D
 
pufferfish wrote...

No the government did not arrest this guy, but they have set the current atmosphere where people feel they have the right to quash dissenting opinion.
It's always been an option for private property owners...though it's not totally clear this is private property in the full legal sense.

pufferfish wrote...
The issue here is not whether you support the war or not, but why an American citizen was arrested for expressing an opinion about the war.
That's not the issue either, as he wasn't arrested for wearing the shirt, but for failure to leave private property as directed by agents of the owners.

And I'm keeping my personal opinion out, too.

:)
 
As a preliminary matter, I think that this was absolutely bone-headed. Arresting this guy gives the term "farm animal stupid" new meaning.

That said, the mall is private property. As such, it is not subject to the First Amendment. In other words, unless the prohibition is based upon unlawful discrimination (race, gender, age, sexual orientation, handicap and, in some states, sexual preference), the owner can restrict access however it sees fit. For example, the owner could require formal wear on all patrons. Stupid, yes. Unlawful, no.

The owner was perfectly within its right to order the man off the premises because the order was not based on a prohibited category of discrimination.

In most states, the failure of a person to leave the premises after being ordered to do so by a person in control of the premises is a misdemeanor or a low key felony, depending on the state.

The troopers' analogy is unnecessary because you don't need to be in a house for the property to be private property.

The lawyer was ordered to leave private property. He failed to do so. The police asked him to leave and, when he refused, arrested him. Case closed.

If this had happened at a Federal Building, then I would be concerned. Since it happened on private property, I'm amused at my brother at the bar's stupidity and at the little lessons that life teaches.
 
So, he's buying a t-shirt from the mall and can't wear it inside the mall? Doesn't make much sense.

I don't know if political opinions are protected as say, race or religion, in NY for this type of situation. If they are, the guy should send a friend of his with a t-shirt pro-war and see what the reaction is... I can hear the ACLU roaring.

One more reason why I hate malls.

BTW, not taking side either. I would take the same position if the guy had been wearing an SSI shirt :wink:
 
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