Judge Howard M. Shore’s courtroom seems to be full of ceremonial vandals, people dressed in black; these days Judges seem to be attacking our constitution from the bench. Attacking the very foundation that was to be one of Governments most precious founding principles, empowering individuals to have and to enjoy freedom, with no fear of governments taking away their God-given rights, in addition to enjoy their lives with limited government.
Today the trial began in the case of a San Diego man who is being charged with 13 counts of vandalism for writing anti-big-bank-slogans with water-soluble children’s chalk on the sidewalk outside of three Bank of America branches in Mid-City.
Judge Shore granted a motion to prohibit Olson’s attorney from mentioning the First Amendment, free speech, free expression, public forum, expressive conduct, or political speech during the trial. Judge Shore ruling sighted a state “Vandalism Statute” that apparently does not mention First Amendment rights. Judge Shore apparently places his judgeship’s power, as a gift given to him by the state government, as being greater in this case than to the federally guaranteed constitution, and bill of rights. Individual rights like free speech; whether this free speech is expressed in words out in the open, or in public, or expressed in a non-Permanente medium such as words written in chalk, was not his place to place judgment in the way as he did ordering the exclusion of the terms–free speech, free expression, public forum, expressive conduct, or political speech during the trial.
Judge Shore’s mind-set had already decided sidewalk chalk is far to dangerous of an expression to allow it to continue. Over looking that it was written on a sidewalk owned by the public, not by any person or corporate entity. He could have just as easily laugh at the case and then thrown it out? You know…using some common sense?
Let that sink in for a moment. You can burn an American flag; march with signs expressing the death of a sitting president (at least this was the case while President Bush was in office), or make movies of the same, no matter if you’re expressing yourself by the written word or in pictorial, you can attempt to shut down a privet business by protesting it–shouting at customers as they attempt to shop there. But Liberals count that as free speech / freedom of expression / or an artistic expression…etc. But should you use water-soluble chalk that can easily be washed off of any side-walk, using words against a Bank who received government bailout money in order to survive, well that’s considered unacceptable or vandalism; a type of “Vandalism” worthy of stripping the freedom of expression, and free speech from those who choose to use chalk as their medium at least?
What is next? Are children playing with chalk on city sidewalks now having to answer to the law? Will we need to re educate them to proper sidewalk chalk usage?
In this nation where the use of chalk on the sidewalk is now being considered as “Vandalism” and having the potential and possibility of punishment, perhaps a prison sentence? Our nations leaders are now seemingly becoming energized with a zealots zeal to protect the public from itself while preserving their own power, yet they are paralyzed to engage in deportation proceedings of an illegal alien caught sneaking across our countries boarders. Refusing to see that the publics safety is being placed at risk, at the same time acting as if chalk writing is the end all in public risk?
I wonder what would happen to any illegals, if they chose to express themselves against deportation in chalk? Prison sentences? Or an offering of a wet-nap napkin, so they can clean their hands and be then sent along their way?
Where is the common sense in all of this? What is potentially more detrimental to society…chalk…or spray paint vandalism, or ________? (You can fill in the blank)
In another case, Mackinney v. Nielsen 69 F.3d 1002 (9th Cir.1995), a court ruled that use of chalk was not considered vandalism. The law was later changed to define vandalism as defacement “with graffiti or other inscribed material.” Chalk fits this perfectly? Considering it disappears with rain, or man-made rain. Wouldn’t you like it if Graffiti would disappear off your building, homes fencing so effortlessly, so easily? Damn Chalk! Someone needs to make a law?
Liberals didn’t like the outcome of that case so they changed the law. The law now so vaguely defined that children using chalk to make hop-scotch squares to play could be considered criminals, menaces to society, or vandals depending on the definitions of the offended. Written words shouldn’t be considered “Graffiti” simply because someone disagrees with those words and their meanings, even if they are written in chalk claiming defacement of property. With no difference in degree of defacement to how hard it is to clean up, but defacement the same, akin to someone using spray-paint to Graffiti someone’s building or egging someone’s property, or toilet papering someone’s house, yard, and trees?
We are slowly becoming a society where common sense is going extinct within the legal systems judgments, causing a rapid erosion of our rights guaranteed by our founding as God-given. These same rights aren’t being upheld or protected at all costs by our government or its legal system, but now are openly attacked. We are seeing the constitution and the bill of rights actively vandalized by black-robed political activists, using a majority rule mentality and personal interpretations of the founder’s intent. Politicians and judges are shaping public opinions according to their social engineering models within their own minds. Their decisions seem to be in line with political acquaintances, friends, partners, and co-collaborators, and the religion of populism. Whose God and goals and worship seem to be unfettered power for themselves. In other words, “Tyranny”! Tyranny is never experienced by those in power. So the powerful embrace tyranny as the means to stay in power, to remain above the law, beyond having to comply too it, permanently positioned as if they were God’s of society that can do no wrong.
To these power-hungry people, the written word of disagreement in chalk or on any sidewalk, billboard, or even books, must be stopped at all costs. What must be stopped is instead, people who would hold the constitution in the same light as being just as easily eroded away and destroyed, as chalk words on a sidewalk during a rain storm. Because it opposes their demand for the public to worship, to comply to “Tyrannical leadership”.
You can read more at…
Chalking the plank: Judge won’t allow bank protester to claim first amendment rights, by Dorian Hargrove, http://www.sandiegoreader.com/weblogs/news-ticker/2013/jun/25/chalking-the-plank-judge-wont-allow-bank-protester/, @SDReader