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A local animal rights organiztaion doesn't like the city's dog leash oridinance. The organization coordinates a protest march, makin sure their permits are in order. The day of the march, the leader is jailed. Is the arrest legal?



This is one of the hw questions i have. All the other ones i found what amendment they were in, but i can't find what amendment this would be put it in. Is protest illegal? can you be jailed for it?

2007-02-05 11:38:16 · 11 answers · asked by peace&love 2 in Politics & Government Law & Ethics

11 answers

As Senator, I'm above tha law, but I'll support you if you let me drive.

2007-02-05 11:53:38 · answer #1 · answered by Senator Jose Cuervo 2 · 0 0

Hmmmm....I'm not sure I should give you the answer! Lol.

Well, let's assume he was jailed for no reason other than to prevent the march. (Cause if he was jailed because he shot someone, obvioulsy that's different.)

So....the question is....when we have a protest march, what rights are we exercising?

Well.....

We're saying something....so that's speech, right?

And we're doing it as a group....so that's "right to assmeble".

And we're attempting to get the government to change the law "that's...address the government for the redress of greivances."

Alltogether, those are "Rights of Expression"...and that's under the ____Amendment. (Hint: it's the one that starts "The government shall make no law regarding....")

Now....if you want full points, be able to explain to your teacher how arresting and jailing the leaders of a march would impact the right for free speech and expression, not only of the jailed leader, but the other people in the march. What would the March on Washington have been like if Dr. King had been tossed in jail that morning?

2007-02-05 11:45:08 · answer #2 · answered by esquirewinters 2 · 0 0

While I see and sympathize with the argument that if the person was on his own time, his own money, and not speaking as an LAPD official, his right of free speech and expression was curtailed, I can also see the LAPD's point. Most public sector jobs that I'm aware of have a similar policy. The key for me though is that he was speaking as a minister and not as a cop. While I don't agree with his view, and I find it repugnant that people actually think those things in the 21st century, he is entitled to that belief and its expression by law. What he said is not a hate crime, nor is it hate speech (it does not place anyone in danger, nor does it encourage violence). It is an expression of disapproval. I am not a Christian, and I disagree with him strongly, but I hope he wins his lawsuit. Free speech and expression must be protected. The LAPD overstepped its bounds in this regard. Gay rights do not threaten civil liberties. This is a case of an employer overstepping his bounds. What confounds the issue is that the employer is a government agency. EDIT for Soul Patrol: I'd be careful about citing the Leviticus text against homosexuality. The same law that says that also says that those who practice homosexuality should be put to death, as well as disobedient sons. One could level a criticism against you for applying only those laws that appeal to your views, and it might not be wholly unjustified.

2016-05-24 19:53:24 · answer #3 · answered by Anonymous · 0 0

Well, that depends. If they are against dogs being on a leash, and are telling participants to no have their dogs on leashed, then they can be arrested. A protest cannot be used to instigate people to break the law. Even if it is something as trivial as the leash law, it is illegal.

Why would they be against the leash law? I do not know where you are from, but just wonder what the problem is.

2007-02-05 12:00:19 · answer #4 · answered by ? 5 · 0 0

I would not think so if they have legal permits for the protest. Maybe the guy was arrested for another reason but I would think they have the right for free speech. The only way they could be taken away is for disturbing the peace or iminant domain(dont think I spelt that right)

2007-02-05 11:43:16 · answer #5 · answered by JK 2 · 0 0

Don't listen to Susie D, the girl talks out of her *** and makes no complete sense. She complained about me wasting time on Yahoo just looking for a new guidance in my life seeing what other people thought, and here she is acting like she is Ms.Cleo answering every ones questions like she knows it all. The girls head is as empty as a flower pot. ;D Other than that, no I don't think protest is illegal. Freedom of Speech and the right to bear arms. Hell I'd cite the Miranda to them if they have a problem, I have the right to remain silent etc..!!! lol

2007-02-06 00:17:14 · answer #6 · answered by Anonymous · 0 0

Why is he jailed?

If it's because he broke some law, then it's a perfectly good arrest.

Seeing how all the permits are obtained the protest is legal and you should not be jailed unless you've broken some other law, maybe vandalism.

2007-02-05 11:43:22 · answer #7 · answered by feanor 7 · 0 0

If the protest was planned to be violent or in any way break a law, then yes the leader could be arrested, or he might have been arrested due to a completly different incident than the one you are referring to.

2007-02-05 11:41:48 · answer #8 · answered by Anonymous · 0 0

Protesting is normally not illegal, but if the leader was causing a public disturbance he/she can be arrested.

2007-02-05 11:42:16 · answer #9 · answered by Anonymous · 0 0

It totally depends on what he was arrested for. Did he commit a murder? Did the police have the proper search warrants and such? Then it won't be thrown out.

2007-02-05 11:44:34 · answer #10 · answered by Lisa A 7 · 0 0

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