If I read this story correctly, a fellow named Stephen Downs could face up to a year in prison for refusing to take off a shirt reading “Give Peace A Chance.” Please tell me I’m confused.
Fear not. It would never stand. Unfortunately having a just society doesn’t mean that all the people who are entrusted to carry out the laws always make wise decisions.
Comparing a shopping mall that is open to the public to a private house is wholly ridiculous. Surely they could have grounds of conduct for removing someone for the premises but they would have to based on actual conduct (like the person becoming irate).
As far as symbolic speech, we have pretty much settled the fact that it is protected under the 1st amendment. Reference Texas v. Johnson where a citizen’s right to burn the US flag in protest was upheld.
This is exacly why we have appeals courts and why federal courts can step in when someone’s constitutional rights are violated. If the facts in the article are correct, this guy is about as far away from spending a year in prison as my cat.
Posted by Guy on 6 March 2003 @ 9pm
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