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Day 3 of the Blog of Rights: Keep the Comments Coming!We're astonished and thrilled by the amount of comments we've gotten on the Blog of Rights. Please keep it up! To address some of them, a few housekeeping items:
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Tags: Civil Liberties News
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May 22nd, 2008 at 6:25pm
I am always amazed how many people in the"Land of the Free" do not seem to understand what responsible freedom is and what produces and protects it.
1) Freedom is the inalienable right of any human to choose to think, say and do,whatever one wants, with the restriction that the choice does not significantly infringe on the equal rights of any other human. Freedom is the right to think,say or do what your neighbor and/or government in times past would persecute, jail and kill you for. Many people say they believe in freedom, but they often only mean the freedoms that they personally value not the freedoms their neighbor might value. If you were to ask a loyal Saddam supporter in Iraq before the U.S. attack, if they were free, they would probably say yes because the freedoms they valued would be legal. They would claim that only crminal law breakers have a problem with Saddam. If this definition of freedom were true then all nations and empires have been free. I am sure Hitler felt like he was "free" in Nazi Germany!
2) Politicians are always talking about supporting freedom through the establishment of democracies in non-democratic nations. It seems like they fail to understand that freedom is not created by democracy. Freedom, in order to exist in any nation, must be established and protected by a covenant agreement such as the U.S. Constitution which is agreed to by the government and the governed. A democracy without this condition is simply another form of tyranny. It is the U.S. Constitution with its' checks and balances and the Bill of Rights that is responsible for producing and protecting freedom in the U.S. of A.!
May 22nd, 2008 at 11:02pm
The ACLU official position on the 2nd Amendment is badly in need of updating. According to the link the ACLU position hasn't been reassesed since 2002. That's a bad idea in light of the upcoming SCOTUS decision on D.C. v Heller.
If this June the Supreme Court upholds the power of the 2nd Amendment, as is widely anticipated by all interested parties, how humiliating will it be for the ACLU to have a position on the Bill Of Rights which diminishes freedom compared to the official Supreme Court position? Won't that contrast harm the legitimacy of the ACLU when it comes to the other portions of the Bill Of Rights that the ACLU supports? Shouldn't the ACLU reverse their stance on the 2nd Amendment before the damage is done?
May 23rd, 2008 at 4:05am
Do you have a section on "Sex Offender Laws and Issues?"
I have a blog about many of these issues and was wondering what, if anything, is being done about the draconian, unconstitutional sex offender laws?
http://sexoffenderissues.blogspot.com/
May 23rd, 2008 at 4:06am
Also, see this "Letter to the ACLU" which a friend of mine prepared.
Let me know what you think...
http://sexoffenderissues.blogspot.com/2008/05/letter-t o-aclu.html
May 23rd, 2008 at 9:18pm
I am not a lawyer and have only a general understanding of the laws regarding content posted on websites. As far as I understand, the originator of the web site is considered to be responsible for all content posted by users and this is why comments on a site like this need to be moderated. It just seems terribly ironic that on the website of the premier organization fighting for free speech, users have to be restricted in what they can say. This sounds like a case for the ACLU.
May 25th, 2008 at 9:00am
I would also like to know what position the ACLU holds on the proliferation of laws related to regsitered sex offenders. Every ounce of these laws seem to violate the rights, liberties, and freedoms of people who have served their time. For example, restrictions on the use of the Internet seems to violate one's 1st ammendement right, or, more generally, every law seems to violate the the 8th ammendment prohibiting cruel and unusual punishment. Since when is it American to require a group of people to appear on a public registry (sounds an awful lot like German Nazi to me)? Since when is it American to limit the freedom to travel, or live where one wants to live? Since when is it American to prohibit one's ability to be in certain public places or to add additional penalties to one's conviction 5, 10, or 15 years after the fact? I am surprised the ACLU has not done more to protect the rights of 650,000 people who happen to be registered sexual offenders.
May 27th, 2008 at 6:29pm
What can a person do when there BIll OF RIGHTS are being violated?? It cost lots of money to obtain an attorney now a days...and non-profit organizations have hoops to jump through and even then they may not help...
What is the middle class suppose to do?? Just take a plea even through they are innocent...because if they go to trial they may "piss" off the judge for filling their docket with a trial..then end up in jail...and in the process of this fight...their 6th and 8th amendment has been violated...so you have the original attorney fees and now you are looking at even more attorney fees...
When is it enough to show the truth and that be only the thing needed to have justice served...where is TRUTH...?? Oh that's right being human allows for error so an officer can get on the stand and say what will get the conviction at any cost...
Okay...sorry I got so long winded but it's sad this country has become the way it has...and I am currently living in a whirl wind of a nightmare called the justice system...
Hope the ACLU keeps up the good work but doesn't forget the little people...not just the big cases that get public attention..
Sincerely,
JUSTICE
(Http://www.usalegalcafe.com/fightingforfreedom)
May 29th, 2008 at 8:15pm
Just had the Village Codes Inspector, their plumber and the building maintenance man to my apartment because of problems I am experiencing with the plumbing. When I told the inspector some of things this guy has done, the maintenance man denied that he ever did it. I've watched him tell these lies in front of me knowing that I know the truth. When they left I powered up my computer and I'm reading about Bush's former press secretary finding out that the president lied about these important matters and I realize that this is the new truth. If the president can lie about his role in an event, then so can the rest of the population. How very sad!
Jun 3rd, 2008 at 4:44pm
This new AZ law lumps all sex offender crimes as "equal." Teenage sexual interest and activity is certainly not new, and if a vindictive teenager wants to play games and "get" another person in trouble...all they need to do is cry molestation, rape, or placing child porn maliciously on someone's computer and then reporting this to law enforcement.
The teenager (often as young as 12, going on 18) can deny they lied or orchestrated their claims, and do so with parent's support. An alleged victim of this malicious accusation is now labeled a sex offender for life. Prosecutors, who perform no honest investigation, love this new way to add to their conviction rate.
Jun 3rd, 2008 at 5:02pm
Prosecutors not only abuse their power, but commit a crime in violation of Article II, Section 4 of the U.S. Constitution. Bribery is a serious crime and an impeachable offense for all U.S. civil officers. A plea bargain is technically "bribery."
Most disturbing is the fact that a defendant is induced (really scared into) taking a plea because of the threat by prosecutors that they will receive a far harsher sentence if using their Constitutional right to a jury trial by one's peers. This abuse of "bribery" IS something of "value"--which is a defendant's freedom!
Nov 3rd, 2008 at 6:29pm
I WAS INVOLVED IN A CASE BACK IN 1988 SHE LYE TO ME TELLING ME SHE WAS 18 I WAS 22 SHE TURN OUT TO BE 15 NOW I HAVE TO REGISTER AS A SEX OFFENDER, IN MISSOURI I HAVE TO REGISTER FOR LIFE.
THE PROBLEM IS I DID NOT DO ANYTHING WRONG. I CANN A ATTORNEY WHO TOLD ME SHE WOULD CHARGE ME $10,000 THOUSAND DOLLARS PLEASE HELP ME 314-269-4332
Nov 7th, 2008 at 11:25pm
"The ACLU disagrees with the Supreme Court's conclusion about the nature of the right protected by the Second Amendment. We do not, however, take a position on gun control itself. In our view, neither the possession of guns nor the regulation of guns raises a civil liberties issue."
WTF is wrong with you people ?!?!?!?!?! How is this not a civil liberties issue ?!?!?!?!
IT"S A RIGHT Guarenteed BY THE CONSTITIUTION !!!!!!!
Collective right ?!?!?!?!?! State militia?!?!?!?!
Then why does it say the "right of the people" and not the right of the state or local goverment?!?!?!?!
If it said "right of a person", would you deem that to be only one guy in the country can own a weapon ?!?!?!?!?!?!
It was the PEOPLE who started this country, not the government !!!!!!!!
What don't you understand about this ?!?!?!?!
I thought this organization was about protecting civil liberties......ALL OF THEM !!!!!!!!
What, do you just pick and chose which ones you THINK we should have ?!?!?!?!?!
When will you step up to the plate of your namesake and defend ALL OF OUR RIGHTS ??????????????
You spend too much time teaching people how not to get busted while breaking the law instead of defending rights of LAW ABIDING CITIZENS !!!!!!!
Obama is about to GUT the 2nd amendment rights of this country and you stand by and do NOTHING !!!!!!!!
American Civil Liberties Union MY ASS !!!!!
American Communist Lawyers Union is more like it.
This organization is a FARCE !!!!!
Protect ALL of our rights or SHUT DOWN !!!!!
Nov 7th, 2008 at 11:28pm
Where is my post ??????
Is it being censored ?!?!?!?!?!?!
Are you violating my FIRST AMENDMENT RIGHTS ?!?!?!?!?!
Nov 10th, 2008 at 7:34pm
The destruction of the constituion will not happen all at once. The current sex offender laws are the thin entering wedge. They will continue to pass more and more draconian laws. It will not be long beofre they will be building Ashuwitz style prison camps for sex offenders.
It seems the ACLU has fallen down on this one.
After they kill all the Sex offenders, and people are still commiting crime, what will they do then?
Feb 4th, 2009 at 8:39pm
my husband is a wrongfully convicted sex offender. he is now incarcerated for supposedly moving without notifying and for LIVING with his own BIOLOGICAL child. i don't understand how they can violate OUR rights. i also have the right to be married to him and have kids. alabama says that he can not live with any minor children, not even his own. that's making us live apart like we are divorced. i love my husband very much and i should not be made to live without him. that is my choice. he is a GREAT father to our son. how is our son supposed to grow up with his father in his life? our son already gets upset when we go and visit my husband and he can't come home with us. my husband has the RIGHT to be a FATHER and HUSBAND.
Feb 16th, 2009 at 12:05am
"The right of the people" is used three times in the Bill Of Rights, but the ACLU claims that it does not refer to an individual right in the second amendment. With that reasoning, only congress would have the right to peaceably assemble (1st Amendment).
If the framers meant that "the right of the people to keep and bear arms" in the 2nd amendment meant the rights of the militia to keep and bear arms, then we are in trouble. The 4th Amendment gives "the right of the people to be secure in their persons." Same wording here, so does this mean "the militia", as the ACLU defines "the people" in their position on the 2nd amendment?
This is insane and indefensible. The right of the people to keep and bear arms is clear. It shall not be infringed. Get on board, ACLU, and defend all of the bill of rights or accept your hypocrisy.
Mar 2nd, 2009 at 12:30pm
“The ACLU disagrees with the Supreme Court’s conclusion about the nature of the right protected by the Second Amendment. We do not, however, take a position on gun control itself. In our view, neither the possession of guns nor the regulation of guns raises a civil liberties issue.”
Are you kidding?
It seems that socialism has infected your liberism organization.
I am the poster boy for permits to carry a weapon. I had a police chief deny my right to carry a weapon because he said I didn't have a good enough reason. Although I meet all other criteria. Protecting myself because he can't sounds like a good reason to me. Crime in my area is getting closer to my house every day and I'm not allowed to protect myself outside my home.
And YOU have nothing to say about it?
How about the Second Ammendement, that's good enough for me.
I'm gonna make the Police Chief & Judge famous by plastering their name and address all over the place so other people like me can treat them accordingly.
Mar 2nd, 2009 at 12:31pm
I almost forgot.
I live in Gloucester Twp. New Jersey.
Jun 7th, 2009 at 11:05am
I am going to write a book entitled "The New Frankenstein", which is in reference to sex offenders. The "monster" in Mary Shelly's book was harmless and somewhat helpful to Dr. Frankenstein, but once he was mistreated and scourged by the community for being different, he became an unholy terror. The same will eventually happen with respect to the sex offenders and the constantly changing laws for such people. I know that not all sex offenders are harmless and a few need to be scrutinized more closely than the majority, but there need to be lines of demarcation drawn to distinguish one from the other. A repeat offender and all true pedophiles need psychological help and possibly pharmaceuticals to control such behavior. (No I'm not a doctor and this is mere speculation on my part) A first-time offender could have been wrongly convicted and thereby illegally ostracized by this law. By alienating all sex offenders from the rest of society and prohibiting them from public schools,parks and other places where children frequent, we are ostensibly creating a modern day "Frankenstein", a monster that will hide until he feels he has to claim another victim. Let's stop this ignorant behavior, allowing fear to dictate irrational decisions and creating new leper colonies for the dreaded sex offender. Aren't sex offenders paying taxes to build schools and parks and roadways and such? If they are not allowed to used the facilities then they should not be taxed to pay for them. This country still has a few brilliant minds and a bright future, but we have to have the effective use of all of our parts to accomplish our goals. I can all but guarantee that there are sex offenders in our legislative branch as well as our law enforcement and other high profile positions that have yet to be challenged with the threat of a prison term and banishment from their loved ones. Only the poor and indigent are discovered to society!
Jul 14th, 2009 at 8:44am
Congress passed the first federal law in 1994 dealing with sex offender registration, known as the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act.
(SC86573)
On July 17, 2006 the Missouri Supreme Court invalidated the duty to register for convictions/pleas prior to January 1, 1995.. Since Missouri's sex offender registry was not in effect before January 1, 1995, the new law imposed a new obligation and violated Missouri's constitutional bar on laws retrospective in their operation. (MO Constitution Article I, section 13)
Offenders convicted, found guilty, or pled guilty prior to January 1, 1995 and not required to register in another state, federal or military jurisdiction, are no longer required to register with the Chief Law Enforcement Official.
This ruling upholds registration for sexually violent predators based on the findings that they are sexually violent predators and not merely on pre-Megan's Law criminal conduct.
All other aspects of 589.400-589.425 RSMo remain in effect.
(SC87786)
On June 12, 2007 the Missouri Supreme Court ruled that a law requiring registration as a sex offender whose conviction occurred prior to the offense's effective date, was retrospective in operation and in violation of MO Constitution Article I, section 13.
(SC88644)
On February 19, 2008 the Missouri Supreme court ruled the 1,000 ft. residential restriction did not apply to offenders whose convictions were prior to the Missouri state statute 566.147 being enacted. This decision was made on the same principle as the above retrospective rulings.
(SC89727)
On June 16, 2009 the Missouri Supreme Court ruled that federally mandated registration requirements under the Sexual Offenders Registration and Notification Act (SORNA) applies to individuals who committed a sex offense prior to July 20, 2006. Therefore, SORNA imposes an independent obligation requiring respondents to register as sex offenders in Missouri. The independent registration requirement under SORNA operates irrespective of any allegedly retrospective state law that has been enacted and may be subject to the Article 1, Section 13 of the Missouri State Constitution
I recieved a letter telling me I have to register or face felony charges. I did my crime well before 1994. I registered, but it doesn't feel right. What do I do now, other than wait for another law that will further violates my rights as a citizen.
Nov 10th, 2009 at 8:27am
You know those who oppose same sex marriage would be the loudest group who would come unglued if someone were that interested in their sexual preferences enough to try and make a marriage between a man and a woman illegal. The bottom line for me here is simply this: I am a straight Vietnam veteran who put my life on the line to protect our freedoms and way of life for ALL (not just a few) Americans period. No matter what your ethnic, religious views or sexual orientation we all as a FREE society with FREE choice have the
RIGHT to choose for ourselves where we live, how we live, who we live with and all the other aspects of what living in the United States of America has come to mean. The grave yards are full of those brothers and sisters who gave their all to protect these rights and I find it really offensive that those who think they have the right to deny anyone ANY rights just because their own individual beliefs or religious convictions is as un-American as any terrorist who wants to bring this country to it's knee's by trying to take away those same rights and have us conform to their own warped sense of right and wrong.
The "Constitution", "Bill of Rights" and "Separation of Church and State" are there for a reason, so that not one
religion, organization or individual can determine what you and I think or believe. If you want proof of what
religion does to a country just look to those country's we are now in fighting. You have two choices under
those religions, one you either conform or two you get stoned, beaten and/or killed for trying to exercise
"Freedom of Choice". Religion is a PERSONAL CHOICE just as is what kind of car you want to drive but that doe's not give ANYONE the right to choose for me in ANY aspect of my life.
Religion is a PERSONAL CHOICE just as is what kind of car you want to drive but that doe's not give ANYONE to right to take others rights away. If one person in this country has any rights taken from them then this is no longer a free country.