Re: Another nail in the First Amendment coffin?

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 It appears that our courts are now becoming breeding places for =
political mal-content.I have had little faith in the judicial system =
since I have been made to witness and be part of my fiancees 13 year =
fight to get her daughter taken away from persons whom preyed on her =
emotions and love for her baby and took the child with out her =
permission.
 Telling her that the state was going to take the child if they did not. =
My fiancee was a naive young woman,and completely trusted these =
persons,because they appeared so concerned.
 The truth was found out after ten years and the statute of limitations =
has expired on kidnapping has expired in N.H........The four people that =
took this child were all in collusion to permanently deprive her of the =
love and affection and comfort of this her only child!
 We have fought from Superior Court,to Probate Court,And finally its on =
appeal to New Hampshire Supreme Court,it has kept us in debt up to our =
eye brows for the past five years,but the constitution says that perents =
have inherent rights to parent,and have a say in their childs up =
bringing,life liberty and pursuit of happiness.
 I can see that these desk jockeys(judgEs)     are capable of dashing =
and smashing our constutional rights in our faces but you have to smile =
and tell them you love them,and appeal that decision too because thats =
the american way of the justice system,if you fight long and hard enough =
you usually can prevail!!!!
 I know that my fiancees problems are not half as bad as the problems of =
 the homeless right now. So I apologize for going off on a tirade but I =
wanted to point out that each court is different and sometimes a change =
of venue is in order to get JUSTICE.
 I will sign off but believe me I know what it is to pan handle for a =
living and to clean Dunkin Donuts,and shovel door ways to get food ...So =
remember this for every time we do a good deed we are enriched =
personally,I feel this way any how if I can help one person in a time of =
conflict or dilema so be it I will .
                                      Bill=20





  ----- Original Message -----=20
  From: Peace through Reason=20
  To: HPN@aspin.asu.edu=20
  Sent: Monday, November 01, 1999 9:01 PM
  Subject: Another nail in the First Amendment coffin?


  November 1, 1999
  Court Backs Fla. Panhandling Law
  =20
  Filed at 10:25 a.m. EST=20
  By The Associated Press=20

  WASHINGTON (AP) -- Homeless people who say they have a free-speech =
right to beg for handouts at the city beach in Fort Lauderdale, Fla., =
lost a Supreme Court appeal today.=20

  The court, without comment, turned away arguments that said the city's =
panhandling ban is too broad.=20

  A 1993 regulation prohibits ``soliciting, begging or panhandling'' on =
a five-mile strip of Fort Lauderdale's city beach and the sidewalks on =
each side of an adjacent street.=20

  The regulation states that it is intended to ``eliminate nuisance =
activity on the beach and provide patrons with a pleasant environment.'' =


  A group of homeless people challenged the regulation in a federal =
class-action lawsuit, saying it violated the Constitution's First =
Amendment guarantee of free speech.=20

  The city could have imposed a narrower rule that barred only hostile =
or aggressive panhandling, or restricted begging to specific areas of =
the beach, the lawsuit contended.=20

  A federal judge and the 11th U.S. Circuit Court of Appeals upheld the =
regulation. Governments can restrict expression in public areas to serve =
a legitimate interest as long as they leave open other avenues of =
expression, the appeals court ruled, noting that panhandling still is =
allowed in other parts of Fort Lauderdale.=20

  In the appeal acted on today, the homeless people's lawyers said there =
was no evidence of complaints from tourists or business owners that =
begging had created a nuisance at the beach.=20

  ``This court has never upheld a law completely precluding speech in a =
public forum based upon the bare assertion that the speech is a nuisance =
and that the environment would be more pleasant if the speech were =
banned,'' the appeal said.=20

  The city's lawyers urged the justices to reject the appeal. ``The =
First Amendment does not guarantee the right to communicate one's views =
at all times and places or in any manner that may be desired,'' they =
said.=20

  The case is Smith vs. Fort Lauderdale, 99-377.=20



  ____________________________________________________________


  * Peace Through Reason - http://prop1.org -Convert the War Machines! *
  ____________________________________________________________=20

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