So I was arrested last night...

[Radar]

I was peacefully handing out Libertarian pamphlets at the post office last night when Larry H. Dozier (Communications Program Specialist for the Public Affairs & Communications Department of the USPS) came outside and told Mark Selzer, Ed Ronquillo, Dan Sherman, etc. to leave the Post office parking lot and to go to the outer sidewalk on the street. I reminded Mr. Dozier that he's sworn to uphold and defend the U.S. Constitution which protects our right to peacefully assemble on government land and our right to express ourselves freely and that he could not make us leave if we were not preventing anyone from doing their postal business.

He said I required a permit to be there, which he alone had the power to arbitrarily grant or deny. I told him that I did not need a permit to exercise my rights. He said I was trespassing, so I reminded him that I paid for the land so it's not trespassing. He told me if I continued to peacefully hand out literature, I'd be arrested. I made sure the television cameras were on me and I continued handing out pamphlets.

The postal police told me to go inside so I could be arrested. I told them if they wanted to arrest me, they'd have to do it outside in front of the cameras. They tried to push me and twist my arm but I wasn't moving. When I was sure we were on camera, I complied with them and went inside to allow them to arrest me.

The postal police officer arresting me told me he agrees with me 100%, but he's got a pension to worry about and he's got to do what he's told. I waited with my arms cuffed behind my back for an hour or so before the LAPD picked me up. The officer who picked me up asked why I was doing this and they could be better used doing something else. I told him I was just exercising my rights. When we went to the police station to be booked he told me he couldn't believe they were arresting me. He said they NEVER arrest anyone, including homeless who harass people begging for money, people who hand out flyers on car windows, etc. on any other day than tax day. They booked me, took mugshots, fingerprints, etc., gave me a ticket, and released me.

I will absolutely win this court case. They don't have a chance in hell of beating me. The good part is Mark Selzer and I were on television and they mentioned that we were Libertarians, that libertarians were against income taxes, and that we were handing out anti-tax literature when one of us was arrested. Luckily, my job is directly across the street from the courthouse so I can go there without missing a whole day of work.

Sometimes you've got to stand up for your rights. I don't think my parents are thrilled. I made it to 36 years without being arrested and I won't be convicted, but they don't like me getting mugshots, fingerprints, etc.

In my opinion it was worth it. But then again, I haven't seen the bail amount yet.


Your Friend In Liberty,


Paul T. Ireland
Chairman - Candidate Support Committee
Libertarian Party of California

[melidasaur]

US v. Kokinda... sorry, but you or whoever aren't going to win.

[lookout123]

don't even bother - radar is our resident libertarian constitutional expert. unfortunately he has a hard time with grasping the reality around him.

[Radar]

US v. Kokinda... sorry, but you or whoever aren't going to win.

That case doesn't apply since I wasn't soliciting. I was giving out political information without any request for support or money (as mentioned in the case). Political speech is the most protected speech and the first amendment most definately applies. Also we did not hamper, impede, harass, or disrupt the postal business of anyone. So again, this case does not apply.

The Supreme Court is subservient to the U.S. Constitution. They don't define it. They merely made sure the actions of government comply with it. In this case, I own the land, and I was exercising my RIGHT to free speech and my RIGHT to gather on government land as protected by the U.S. Constitution. I don't require permission to exercise my rights.

Also I find it laughable that a mental midget like lookout would accuse anyone else of finding difficulty grasping reality. This dumb fuck couldn't find his ass with both hands.

[richlevy]

Originally Posted by melidasaur

US v. Kokinda... sorry, but you or whoever aren't going to win.

Here is US v. Kokinda. Sorry Radar, but she may be right, except for this.

JUSTICE KENNEDY, agreeing that the regulation does not violate the First Amendment, concluded that it is unnecessary to determine whether the sidewalk is a nonpublic forum, since the regulation meets the traditional standards applied to time, place, and manner restrictions of protected expression. See Clark v. Community for Creative [497 U.S. 720, 722] Non-Violence, 468 U.S. 288, 293 . The regulation expressly permits respondents and all others to engage in political speech on topics of their choice and to distribute literature soliciting support, including money contributions, provided there is no in-person solicitation for immediate payments on the premises. The Government has a significant interest in protecting the integrity of the purposes to which it has dedicated its property, that is, facilitating its customers' postal transactions. Given the Postal Service's past experience with expressive activity on its property, its judgment that in-person solicitation should be treated differently from alternative forms of solicitation and expression should not be rejected. Pp. 738-739.

Were you asking for donations on-site?

[wolf]

You do realize this could negatively impact your attempts to get your wife here. How is she, by the way, you haven't posted an update in a while?

[Beestie]

Good for you, Radar. Give 'em hell. Bastards.

[Radar]

Were you asking for donations on-site?

No, we didn't ask for anything. We only asked if people wanted some free information on how they could save taxes next year or if they wanted to know where their tax dollars were going. We handed out generic info about the Libertarian Party and about which way local congressmen voted.

[richlevy]

Just out of curiosity, are mug shots public property? I always see celebrity mug shots on The Smoking Gun. Could Radar get a copy of his?

Apparently the law is unclear.

You are lucky (or unlucky if you wanted press) that you weren't subjected to a perp walk.

[xoxoxoBruce]

The postal police told me to go inside so I could be arrested. I told them if they wanted to arrest me, they'd have to do it outside in front of the cameras. They tried to push me and twist my arm but I wasn't moving. When I was sure we were on camera, I complied with them and went inside to allow them to arrest me.

Why couldn't they arrest you outside? Why did you go inside?
Will you sue them for enough money to fund Reservoir Dogs?

[Radar]

I won't sue for money. I will defend myself in court and make sure it doesn't happen to someone else. A friend of mine was at another protest in San Bernardino county and they asked him to leave. He told them, "Hey it's a night in jail for me. It's your job. Make the choice" and they left him alone.

[lookout123]

Originally Posted by Radar

mental midget

uh, oh. looks like tw is contagious. radar, ya better get treated right away.

[busterb]

Originally Posted by Radar

The Supreme Court is subservient to the U.S. Constitution. They don't define it. They merely made sure the actions of government comply with it.

Do you by chance remember who's the head man? BUSH

[Tonchi]

Way to go, Radar! Was this something you guys PLANNED? because I wonder if they ejected your representative from the parking lot here in Fresno last night as well My mom and I were in the car line going up to the drop-off point when we saw some guy in a rumpled suit and horn-rim glasses waving a handfull of papers in the air and shouting at a Post Office official who was just standing there with arms akimbo. Well, the news cameras were capturing what he was saying but it didn't look like anybody else cared. My mom said "What in the world is he doing?" and I replied, "I dunno, but I won't be surprised to find out it's the Libertarians again."

[Undertoad]

I will defend myself in court and make sure it doesn't happen to someone else.

Let us know how that goes. I expect you will fail to find a judge willing to consider the Constitutionality. All judges will want to either drop the charges for the sake of convenience, or just charge you and let the higher court figure out if you have a real argument. Melidasaur has put you behind the 8-ball to start.