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technically it's 1a case
technically it's 1a case
The ACLU has taken a number of 'gun' cases on something other than Second Amendment grounds. There have been at least two alienage cases that they took and won on 14A grounds.
I know of at least one case where they argued in favor of some kid that wore an NRA tshirt to school and they demanded that he remove it.
The ACLU won that one.
There was some gun legislation proposed in Maine a year or two ago, I forgot just what it was about, and I was surprised to see the ACLU weighing in on it. Turned out their only concern was about "overincarceration," meaning someone being jailed for a violation of whatever the law would have been. In their presentation before the legislative committee, they took the opportunity to parrot the "collective right/National Guard" horse$4¡† of the national organization.However not all of the state level ACLU groups are as anti-gun, it varies from state to state
Can't imagine what that cop was thinking. Assuming the guy was doing something wrong (and I don't think he was), wouldn't a simple citation be called for? Why jump to confiscation and arrest?
A government order prohibiting criticism of government is the worst kind of censorship,” explains Tony Rothert, legal director of the ACLU of Missouri.
“Gun advocates who fear the government is infringing on the Second Amendment have every right to broadcast their beliefs,” says Jeffrey A. Mittman, the ACLU of Missouri’s executive director. “The ACLU will always push back against government censorship.”
so if I have my stereo playing too loudly, the cops can come and force me to give them the stereo or face arrest?
I think not.
This is a no brainer in any court, I would think.
Can't imagine what that cop was thinking. Assuming the guy was doing something wrong (and I don't think he was), wouldn't a simple citation be called for? Why jump to confiscation and arrest?
so if I have my stereo playing too loudly, the cops can come and force me to give them the stereo or face arrest?
I think not.
This is a no brainer in any court, I would think.
Good link to a Volokh Conspiracy post in there too: http://www.washingtonpost.com/news/...put-a-video-of-me-online-im-a-police-officer/
Our local Town Council once tried to pass an ordinance forbidding the criticizing of Councilors once, but the Town lawyer suggested they not... Thin-skinned wussies.
I'm probably wrong, but I always thought that a noise complaint was a civil action. If the neighbors obtain an order prohibiting the noise, and you willfully violate that order, then I could see it leading to an arrest.
That was my thought as well. If you're revving the engine of an unmuffled car, motorcycle, or truck in your yard, do they confiscate those as well? What happens if you're no longer making any noise when the cops show up? Do they just take the word of the neighbor and confiscate the private property that was allegedly making the noise?