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Thu Dec 5, 2013, 01:04 AM

Supreme Court justices say military-base protester’s case isn’t about free speech

Source: Washington Post

John Dennis Apel, an antiwar protester arrested on a California military base for demonstrating in a spot set aside for public protests, thought he had a pretty good free-speech case for the Supreme Court on Wednesday.

Most of the justices think otherwise — at least for now.

Members of the court repeatedly shut down Apel attorney Erwin Chemerinsky when he tried to raise Apel’s constitutional rights as part of the court’s consideration of a federal law that allows commanders to bar a person from a military base.

“You keep sliding into the First Amendment issue, which is not the issue” on which the court accepted the case, Justice Antonin Scalia said. “We’re only interested in whether the statute applies.”

Read more: http://www.washingtonpost.com/politics/supreme-court-justices-say-military-base-protesters-case-isnt-about-free-speech/2013/12/04/7f35a524-5d21-11e3-be07-006c776266ed_story.html

9 replies, 1380 views

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Arrow 9 replies Author Time Post
Reply Supreme Court justices say military-base protester’s case isn’t about free speech (Original post)
alp227 Dec 2013 OP
Spitfire of ATJ Dec 2013 #1
nikto Dec 2013 #3
warrant46 Dec 2013 #5
delrem Dec 2013 #2
rpannier Dec 2013 #4
Volaris Dec 2013 #6
former9thward Dec 2013 #7
elleng Dec 2013 #9
Enthusiast Dec 2013 #8

Response to alp227 (Original post)

Thu Dec 5, 2013, 01:55 AM

1. This from a guy who thinks writting a check is "Free Speech".

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Response to Spitfire of ATJ (Reply #1)

Thu Dec 5, 2013, 03:13 AM

3. Writing check$ IS free speech!

Speaking openly about controversial topics or demonstrating disagreement on
major issues is not free speech.

At least, not anymore.

That's just the way it is now.

Don't forget, this is America.

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Response to Spitfire of ATJ (Reply #1)

Thu Dec 5, 2013, 06:44 AM

5. But only if you are rich and powerful

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Response to alp227 (Original post)


Response to alp227 (Original post)

Thu Dec 5, 2013, 04:51 AM

4. But you can be sure

If it was about protesting abortions on military bases or greater access for religious groups on military bases it would be a First Amendment issue Freedom of Religion

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Response to rpannier (Reply #4)

Thu Dec 5, 2013, 08:14 AM

6. Sure as hell...

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Response to alp227 (Original post)

Thu Dec 5, 2013, 08:50 AM

7. The case is not about free speech.

That is pretty clear at the link. The case is about what authority a base commander has been given by a federal law. The military has been pretty tolerant of this guy given he vandalized an entrance sign to the base and they didn't even arrest him for that.

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Response to former9thward (Reply #7)

Thu Dec 5, 2013, 11:42 AM

9. Thanks for this clear assertion, former9th.

Many here (and elsewhere) view S.Ct. matters as purely political, when they rarely are such.

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Response to alp227 (Original post)

Thu Dec 5, 2013, 10:31 AM

8. Antonin Scalia does not deserve the term "Justice" applied to his name.

That is a fact that I'm just sayin'.

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