If cops contest your right to free speech&assembly &arrests claiming you're nuisances,what right matters most?

Question

used these abbreviations to fit Q in the Q-box: right= constitutional right; cops=law enforcement officials; nuisance=public nuisance
my file reference: TWH 11302006-1Q

OK, all Q's depend on other things which are omitted for reasons of brevity. Please Assume persons arrested are ordinary citizens and are not doing anything but assembling to verbally exercize the right to protest in nonviolent ways.

IMO, Ist person to respond to Q, has not answered the Q, but has tried to reshape the Q asked.

Answer 1

Whatever all that Q stuff means. Cops do not contest rights, they enforce the law. If you break a law, even if you feel its a violation of your rights, the cops can do nothing about it...the decision as to whether it is a violation or you will be punished is in the jurisdiction of the court to decide.

Take a good luck at the work of Martin Luther King Jr. with peaceful civil disobedience. If you get involved in an issue regarding civil rights, you must be willing to be arrested. Peaceful civil disobedience has several facets. One, you do not resist arrest. Two, if arrested you stay in jail as the goal is to fill the jails (hit the government where the money is). Three, when you do get out, you go back out and do it again. Four, you tie up the court system. Sooner or later the issue will be adjudicated at the Supreme Court level which is the ultimate goal. GBU

Okay, since we are having some fun with this. In my opinion the predominant right in any given situation if the Freedom of Speech...without which, btw, we would not be sitting here answering Q's.

Answer 2

Generally, a person under the above circumstances wouldn't or shouldn't be bothered. If they are on public property, not creating a disturbance or breaking the laws, then I'd leave them alone and allow them to speak their minds. A person does have the right to "free" speech but again, that is with some responsibility too such as: no profanity, you cannot inflame others to riot or create a disturbance. It's like the KKK or nazi groups who like to assemle and wear their halloween costumes. They can say many, many evil things but as long as they have obeyed the law - gotten the right permits that allow the assembly (if it's a large group) then they can assemble and spew their crap. BUT, if they step over the line, then the Police can arrest them. (Nothing made me happier than locking up one of those guys!!) I can't think of a time where we arrested anyone for a peaceful assembly and I had to work several abortion clinics. As long as they didn't stop someone who wanted to enter or block the entrance, then they could protest (and did every saturday).

Answer 3

It depends on how you exercised your right to free speech and free assembly. If you did so by being on the company's property or by blocking their driveway, etc, you could be arrested or told to disperse. In some cities, you even need a permit to assemble. You're allowed free speech, but they don't have to let you have free reign to do whatever you want, wherever you want.

To try to answer the original question as best as I can decipher it (and not alter the course of the question as you think I intentionally tried to do):
The freedom of speech and assembly is more important IMO than being considered a nuisance. Assuming no laws are broken, being merely a nuisance is not enough to curtail your right to have your voice heard.

Answer 4

Simple. If you organize and decide to exercise your right to be heard, and it's on my watch, you better have your ducks in order. By this I mean you better have a permit, you better not be blocking a single car from traveling, and you better not be a danger to others. If you any of these, I may not only disband your organizing, I may just arrest a few of you for any of the above. Feel free to stand on a sidewalk corner and hold a sign.