Never Give up on The Constitution

“I come to bury Caesar, not to praise him”, said Marc Anthony. This is the classic example of praeteritio. The practice of praeteritio is heard much in politics and the courtroom. Basically, this figure of speech is an allusion to something by denying that it will be mentioned. So, I’m not here to say that the North Port Sun Editors know nothing about the First Amendment, no I wouldn’t say that. However, what the police did to me on Jan 25, was the most serious transgression against the First Amendment and it’s called Prior Restraint.
In 1668, the King of England made a law that all printers and publishers of any book, newspaper, pamphlet or notice had to buy licenses from the King. If the publishers wrote anything derogatory of the English government, they lost their license and had their printing press burnt down. These English licensing laws lasted nearly 200 years. During the discussions about the Declaration of Independence and the Constitution, the Founding Fathers were all in agreement on this one issue, that no citizen should ever be stopped from publishing speech, having the right to assemble on public property, or that the press should ever be restrained prior to the publication of information that might put the government in a bad light. This is a Constitutional principle known as Prior Restraint. The Government doesn’t want the publisher to publish a story. The government takes the story, hides the story and jails the writer. The government is restraining this story prior to it’s publication. The Supreme Court of the United States has never upheld a Prior Restraint in the history of our country and even when it was alleged that the material was a clear and present danger to national security or even when the material was obtained illegally.
This is exactly what happened in my case. Actually, the NPPD wouldn’t give me back my smartphone for nearly 7 weeks and I had to write a brief on Prior Restraint, I filed it in the form of a motion to the court and in two days, a NPPD detective came to my door at 7:30am and said that I could have my phone back. Surprise, surprise. And after I published the story, immediately to Youtube, six days later, The State Attorney’s office in a scathing memo to the NPPD, refused to file formal charges of eavesdropping and obstruction against me. Why, because I was lawfully present on a public forum exercising my right to assemble. Two, I was exercising my right of free speech because many courts have said that recording police activities is a form of free speech. Three, I was exercising the right of the free press because courts have said that the “Press” extends to all people and not just to the salaried and credentialed folks who have newspapers and television stations.
There is a reason why the First Amendment is First.


One Response to “Never Give up on The Constitution”

  1. Dean Says:

    Loved the explanation on Loitering and Prowling. Take a look at the burden of proof for a Restraining Order or Stalking. For Stalking its: “Any, Un-Wanted, Repeated Contact.” Now the word “Any” pretty much sums up… Anything.

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