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lawrocket

Jersey City Mayor Censors Memorial Display to Cop Killer

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[Url]http://newyork.cbslocal.com/2014/07/15/jersey-city-removes-memorial-for-man-who-gunned-down-rookie-cop/[/url]

[Quote]“I don’t think that a few residents are going to express the sentiment of a city like Jersey City, and I’m not going to have it. So we had it taken down last night,” Mayor Steven Fulop told 1010 WINS’ Glenn Schuck.

I think the ignorance of the First Amendment is more disgusting and far more threatening than the underlying message of appreciation of the thug life.

It's quite simple: the government did not like the message so the government censored it. Regardless of my personal hatred of the ideals of the thug life, it was speech. And the First Amendment isn't there to protect the speech the goverment likes. It's there to protect the divisive and even the seditious.

Am I alone in this?


My wife is hotter than your wife.

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lawrocket

[Url]http://newyork.cbslocal.com/2014/07/15/jersey-city-removes-memorial-for-man-who-gunned-down-rookie-cop/[/url]

[Quote]“I don’t think that a few residents are going to express the sentiment of a city like Jersey City, and I’m not going to have it. So we had it taken down last night,” Mayor Steven Fulop told 1010 WINS’ Glenn Schuck.



I think the ignorance of the First Amendment is more disgusting and far more threatening than the underlying message of appreciation of the thug life.

It's quite simple: the government did not like the message so the government censored it. Regardless of my personal hatred of the ideals of the thug life, it was speech. And the First Amendment isn't there to protect the speech the goverment likes. It's there to protect the divisive and even the seditious.

Am I alone in this?

its ugly. the guy took a gun from a security guard and then told people to watch because he was going to be famous. he ambushed and killed a responding cop. so people are very upset in the area.

i dont think your alone that people have the right to say what they want in the USA. but a mayor can apply common sense and apply valid laws with regards to graffiti. if his admirers put up a memorial legally the mayor cannot do anything. this was graffiti and he has a right to have it painted over.
"The point is, I'm weird, but I never felt weird."
John Frusciante

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I guess it's predictable I'd agree with you on this.

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the First Amendment isn't there to protect the speech the goverment likes. It's there to protect the divisive and even the seditious.



To me, that's quite possibly the most powerful aspect of the US's First Amendment; for the popular opinion arguably less urgently needs protection of the rule of law. It's why, for example, the courts properly directed authorities to permit local Nazis to march through a mostly Jewish neighborhood in Skokie, IL back in the 70's. It's why Fred Phelps (burn in hell) and his fellow pigs were permitted to do what they did.

In just about all other Western democracies such expression would be legally banned as disruptive of public order, etc. In the US, it's referred to as "constitutionally protected speech". I'm proud of that.

What the city did was unconstitutional.

ETA: weekender raises a fair point about graffiti. If it was on private property without the owner's permission, the owner had the right to take it down. If the owner made a formal complaint to the city, then maybe it would have been ok for the city to essentially act on the owner's behalf to protect the owner from physical harm. But absent that - if there was no request from the property owner - then the First Amendment would trump the graffiti issues, and the city's unilateral action would still, on balance, have been unconstitutional.

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Andy9o8

I guess it's predictable I'd agree with you on this.

Quote

the First Amendment isn't there to protect the speech the goverment likes. It's there to protect the divisive and even the seditious.



To me, that's quite possibly the most powerful aspect of the US's First Amendment; for the popular opinion arguably less urgently needs protection of the rule of law. It's why, for example, the courts properly directed authorities to permit local Nazis to march through a mostly Jewish neighborhood in Skokie, IL back in the 70's. It's why Fred Phelps (burn in hell) and his fellow pigs were permitted to do what they did.

In just about all other Western democracies such expression would be legally banned as disruptive of public order, etc. In the US, it's referred to as "constitutionally protected speech". I'm proud of that.

What the city did was unconstitutional.

ETA: weekender raises a fair point about graffiti. If it was on private property without the owner's permission, the owner had the right to take it down. If the owner made a formal complaint to the city, then maybe it would have been ok for the city to essentially act on the owner's behalf to protect the owner from physical harm. But absent that - if there was no request from the property owner - then the First Amendment would trump the graffiti issues, and the city's unilateral action would still, on balance, have been unconstitutional.



it was on private property as the sign shows in the picture. i would like to assume the city contacted the owner and they gave permission to paint over it. that would make it less controversial.

i reiterate my point though. it seems right to me that the mayor can paint over it if its graffiti. i dont see how that is protected. but that is how i "feel" and its not the same as being right. i know the difference and would like to hear from more scholarly people about the actual laws.

also, i would have been fine with the cops spraying over it themselves off duty as THEIR expression of free speech. whats good for the goose...
"The point is, I'm weird, but I never felt weird."
John Frusciante

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[Reply] this was graffiti and he has a right to have it painted over.



True. If that was the reason. And if he paints over and removes the cop memorial. And the private owner is free to get riid of whatever he/she wants.

But that's not what happened. The mayor was brazen - he didn't want this out there in his town. The cop memorial can stay - he agrees with that exercise of speech. Not this one.

Trust me - I understand the inflammation of passions. But the government taking sides is where I have a problem.


My wife is hotter than your wife.

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i reiterate my point though. it seems right to me that the mayor can paint over it if its graffiti. i dont see how that is protected.



It's protected because it's private property and the city does not have the legal authority to take unilateral action like that on private property, without even trying to get an authorizing court order, in the absence of some sort of true urgency like a public health menace or something like that.

Your local police have the right to intervene to stop me if they catch me spray-painting your house. And/or, they have the right to arrest and prosecute me for it after-the-fact if they have the evidence to do so. But if they went ahead and painted it over without your permission, they're leaving themselves open to you suing them for it.

ETA:

Quote

i would have been fine with the cops spraying over it themselves off duty as THEIR expression of free speech. whats good for the goose...



Morally, I understand your feeling. But technically, that would violate criminal law in most states; and if the evidence was there, the state would be duty-bound to prosecute them for doing that.

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lawrocket

[Reply] this was graffiti and he has a right to have it painted over.



True. If that was the reason. And if he paints over and removes the cop memorial. And the private owner is free to get riid of whatever he/she wants.

But that's not what happened. The mayor was brazen - he didn't want this out there in his town. The cop memorial can stay - he agrees with that exercise of speech. Not this one.

Trust me - I understand the inflammation of passions. But the government taking sides is where I have a problem.



i'm going to assume your legally right because your comments make sense and you have mnore knowledge on the subject than me.

i am not as upset as you, though. the mayor is human. while i can admit he acted improperly, i feel it was in good faith to the community. i feel he painted over offensive graffiti and was not trying to stifle anyone's first amendment rights. i understand there is a broad academic exercise here but dont really think it was that big of a deal. i doubt my life will be any worse or better because of it. im confident by now his lawyers have sat him down and explained his error and going forward he will react more legally appropriate.
"The point is, I'm weird, but I never felt weird."
John Frusciante

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I like the honesty those people have,

Quote

“For the cops to come take it down, I think it was wrong,” a man told Schuck. “Even though he killed a cop, all right, but that’s what we do in the inner city. He was somebody’s kid.”



And these people wonder why get treated like the criminals they are.
Your rights end where my feelings begin.

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[Reply] am not as upset as you, though. the mayor is human. while i can admit he acted improperly, i feel it was in good faith to the community. i feel he painted over offensive graffiti and was not trying to stifle anyone's first amendment rights.



Sure he's human. That's why the First Amendment is there. To act as a check on human conduct based on feelings. To me it's simplke - mayor didn't like it and wanted it gone. He apparently left the memorial to the cop standing.

Same thing. Different messages. One was allowed. One was not. That is stright up censorship because it is based on the viewpoint. And the First Amendment means that if a thug mayor wants to tear down a police memorial because she doesn't like the message and leave the thug memorial standing, then the First Amendment would prevent that, too.


My wife is hotter than your wife.

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Doing it as a government agent is way different from some individual going there and getting rid of it. If Joe Bob Smith does it, he could be prosecuted for vandalism or graffiti (depending on how it was got rid of), but it's not the same. Even if a couple of officers had gone and done it off hours and out of uniform. They're not government agents then. Still vandals, though, as was whoever put it there.

Hard not to sympathize with him, but it was hard not to sympathize with Ellie Nesler, and she deserved to go to jail, too. The law is the set of rules by which we operate. Sometimes they work well and sometimes they don't. But agents of the law don't get to choose.

Wendy P.
There is nothing more dangerous than breaking a basic safety rule and getting away with it. It removes fear of the consequences and builds false confidence. (tbrown)

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weekender


...also, i would have been fine with the cops spraying over it themselves off duty as THEIR expression of free speech. whats good for the goose...



Except that "off duty" cops are still cops.

They still have a badge and a gun.

They still have powers and rights that ordinary citizens don't (until very recently, cops were the only people allowed to carry a concealed weapon in Wisconsin).
"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

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wolfriverjoe

***
...also, i would have been fine with the cops spraying over it themselves off duty as THEIR expression of free speech. whats good for the goose...



Except that "off duty" cops are still cops.

They still have a badge and a gun.

They still have powers and rights that ordinary citizens don't (until very recently, cops were the only people allowed to carry a concealed weapon in Wisconsin).

nonsense

freedom of speech should be the same for all citizens

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

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wolfriverjoe

***
...also, i would have been fine with the cops spraying over it themselves off duty as THEIR expression of free speech. whats good for the goose...



Except that "off duty" cops are still cops.

They still have a badge and a gun.

They still have powers and rights that ordinary citizens don't (until very recently, cops were the only people allowed to carry a concealed weapon in Wisconsin).

I don't think that's exactly accurate. My uncle had a CCP. He was a high profile business person. I don't know if my Dad's recommendation helped him get it or not. They're both gone now so I can't find out how that came to fruition.
Always be kinder than you feel.

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LuckyMcSwervy

******
...also, i would have been fine with the cops spraying over it themselves off duty as THEIR expression of free speech. whats good for the goose...



Except that "off duty" cops are still cops.

They still have a badge and a gun.

They still have powers and rights that ordinary citizens don't (until very recently, cops were the only people allowed to carry a concealed weapon in Wisconsin).

I don't think that's exactly accurate. My uncle had a CCP. He was a high profile business person. I don't know if my Dad's recommendation helped him get it or not. They're both gone now so I can't find out how that came to fruition.

Was he in Wisconsin? There was no Carry Permit available to civilians at all. Ordinary people had no means to legally carry.

"Special" people would get "deputized" by the sheriff. But even that sort of thing was rare.
"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

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lawrocket

[Url]http://newyork.cbslocal.com/2014/07/15/jersey-city-removes-memorial-for-man-who-gunned-down-rookie-cop/[/url]

[Quote]“I don’t think that a few residents are going to express the sentiment of a city like Jersey City, and I’m not going to have it. So we had it taken down last night,” Mayor Steven Fulop told 1010 WINS’ Glenn Schuck.



I think the ignorance of the First Amendment is more disgusting and far more threatening than the underlying message of appreciation of the thug life.

It's quite simple: the government did not like the message so the government censored it. Regardless of my personal hatred of the ideals of the thug life, it was speech. And the First Amendment isn't there to protect the speech the goverment likes. It's there to protect the divisive and even the seditious.

Am I alone in this?

Let her have her say. Then debate her. Or use your charisma that got you elected to explain rationally how what she said is wrong.

. . . perhaps sue her for inciting riot.
I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

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lawrocket

[Url]http://newyork.cbslocal.com/2014/07/15/jersey-city-removes-memorial-for-man-who-gunned-down-rookie-cop/[/url]

[Quote]“I don’t think that a few residents are going to express the sentiment of a city like Jersey City, and I’m not going to have it. So we had it taken down last night,” Mayor Steven Fulop told 1010 WINS’ Glenn Schuck.



I think the ignorance of the First Amendment is more disgusting and far more threatening than the underlying message of appreciation of the thug life.

It's quite simple: the government did not like the message so the government censored it. Regardless of my personal hatred of the ideals of the thug life, it was speech. And the First Amendment isn't there to protect the speech the goverment likes. It's there to protect the divisive and even the seditious.

Am I alone in this?


To modify a quote attributed to Voltaire:

I think what they're saying was stupid, but until I am dead I will defend the right of anyone to say, post, sign, write, or otherwise express what they please so long as they are not fucking with the health, liberty or property of anyone who doesn't consent, in their process of so doing. If I'm wrong about there being no afterlife, I will defend their rights there, too.

Edited to add emphasis
cavete terrae.

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I agree that the thug life is disgusting, and I also agree that the first amendment is for more than speech that we agree with.

The big reason why I think the first amendment is important though is so that way everyone knows what everyone else is thinking in an honest fashion. Does anyone else think it's important to notice that the people of the city sympathise with the thug more than the cops?

That alone speaks volumes and says that maybe there is something in the city or maybe in the police force that needs work. I would go on my usual rant about public sector unions and how we need to better screen cops and eliminate the bad ones, but that the populace here seems to have made that point for me.
"There is an art, it says, or, rather, a knack to flying. The knack lies in learning how to throw yourself at the ground and miss."
Life, the Universe, and Everything

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wolfriverjoe

*********
...also, i would have been fine with the cops spraying over it themselves off duty as THEIR expression of free speech. whats good for the goose...



Except that "off duty" cops are still cops.

They still have a badge and a gun.

They still have powers and rights that ordinary citizens don't (until very recently, cops were the only people allowed to carry a concealed weapon in Wisconsin).

I don't think that's exactly accurate. My uncle had a CCP. He was a high profile business person. I don't know if my Dad's recommendation helped him get it or not. They're both gone now so I can't find out how that came to fruition.

Was he in Wisconsin? There was no Carry Permit available to civilians at all. Ordinary people had no means to legally carry.

"Special" people would get "deputized" by the sheriff. But even that sort of thing was rare.

He was definitely "special" in the state. At this point I just don't know how to verify how he got it. [:/]
Always be kinder than you feel.

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Does anyone else think it's important to notice that the people of the city sympathise with the thug more than the cops?



Your blanket indictment of "the people of the city" is highly presumptuous and probably quite unfair. Jersey City has a population of about 250,000.

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Andy9o8

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Does anyone else think it's important to notice that the people of the city sympathise with the thug more than the cops?



Your blanket indictment of "the people of the city" is highly presumptuous and probably quite unfair. Jersey City has a population of about 250,000.



agreed, quite unfair. just a little color for those not familiar with the area. Jersey City is a large diverse city. The waterfront has offices that house Wall Street trading desks and ops dept employees. There are very expensive waterfront properties and tourism at Liberty State Park because of the Statue of Liberty. (Which is in NJ, fyi). i worked there when i was younger and its a very nice place to work and live.

Up the hill is low and middle income areas with very diverse ethnic populations. I always giggle when i go by lots and see children playing cricket. not a normal sport for an American kid but normal for Jersey City.

the killers widow is quoted as saying. " "Both families are hurt. Let this cop be laid to rest peacefully. Let Lawrence be put to rest peacefully. That's it," She has also said she does not wish to see her husbands, the killers, memorial put back up.

I dont think the "people" sympathize with the killer more than the cop. i think they just miss him. as much as i might hate him, he is someone's husband, brother, son and friend. i understand that they miss him. i certainly do not but they do.
"The point is, I'm weird, but I never felt weird."
John Frusciante

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The memorial is both poor judgment and poor taste. But the First Amendment has no remedies for those who object to the memorial.

Let it stay up and balance that hideous memorial to the real story of a violent man, now dead, who wished to pick a fight. Ultimately, the builders of that memorial will be exposed by their own words and actions as reprobates.

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