Tag Archives | Constitution

The Black Panthers And The Right To Bear Arms

Big Man Elbert Howard Black Panther Party founding member oakland 1968The founding fathers of the modern “gun rights” movement in America was…the Black Panthers ?? Yes, or so the Atlantic argues in an interesting piece on the twisted, tangled history of firearm ownership in America:

The Ku Klux Klan, Ronald Reagan, and, for most of its history, the NRA all worked to control guns. The true pioneers of the modern pro-gun movement? The Black Panthers. In the battle over gun rights in America, both sides have distorted history and the law, and there’s no resolution in sight.

It was May 2, 1967, and the Black Panthers’ invasion of the California statehouse launched the modern gun-rights movement. On the west lawn of the state capitol in Sacramento 30 young black men and women [arrived] carrying .357 Magnums, 12-gauge shotguns, and .45-caliber pistols. The 24 men and six women climbed the capitol steps, and one man, Bobby Seale, began to read from a prepared statement.

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Calls to Assassinate the President is Protected Speech, Says 9th Circuit Court

Walter E. Bagdasarian.

Walter E. Bagdasarian.

Stephen C. Webster writes in the Raw Story:

A federal appeals court ruled Tuesday that calling for someone to kill the President of the United States cannot be classified as a threat because standing law does not prohibit “predictions or exhortations” to violence.

In a 2-1 decision, judges on the 9th Circuit Court of Appeals ruled that California resident Walter E. Bagdasarian was engaging in free speech when he wrote that Obama “will have a 50 cal in the head soon,” then called on someone to “shoot the nig.”

Bagdasarian published his comments on a Yahoo finance website in the weeks leading up to the 2008 presidential election. He was arrested weeks later, after one of the other commenters reported a potential threat to the Secret Service. During a search of his residence, authorities discovered that he did indeed possess a .50 caliber rifle.

“These statements are particularly repugnant because they directly encourage violence,” the judges wrote.

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Atheist Group Sues to Block Texas Governor Rick Perry From Prayer Rally

Rick's GunMike Tolson writes in the Houston Chronicle:
A group that has already criticized Texas Gov. Rick Perry for his involvement with a Christian prayer rally scheduled for Reliant Stadium next month went a step further Wednesday and filed a federal lawsuit in Houston to stop him from promoting it. The Freedom From Religion Foundation claims Perry's association with the "The Response: A Call to Prayer for a National in Crisis" breaches the separation of church and state. The complaint, filed in the Southern District on behalf of five named individuals who live in Houston, notes the plaintiffs are "nonbelievers who support the free exercise of religion, but strongly oppose the governmental establishment and endorsement of religion ...." The lawsuit seeks an injunction barring Perry's official involvement. A Perry spokesman said he won't back away from the event.
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Can The Police Search Your Digital Devices?

The Electronic Frontier Foundation has released a “Know Your Rights” guide regarding police search and seizure of digital devices. Remember, law enforcement isn’t allowed to search your phone or computer without a warrant, your permission, or solid reason to believe that they will find incriminating evidence. Most important, only a judge or a grand jury can pry your password from you, so set one and you’re golden. Read the guide for more information.

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FBI Gives Itself Power To Follow You, Go Through Your Trash, Test If You’re Lying and More

We Are Watching You

Illustration: RadioKirk (CC)

Very startling observations from Sam Biddle on Gizmodo:

The easiest way to change the rules that apply to you is to just rewrite them yourself. So the FBI’s done exactly that, the NYT reports, self-releasing a new edition of its rulebook. Let’s dig through some garbage, Fed bros!

The “Domestic Investigations and Operations Guide” is the FBI’s big fat guide to investigative dos and don’ts. Formerly under the don’t category: administer lie detector tests, go through private residential garbage, and send out “surveillance squads” without any firm evidence that the person in question might possibly be a criminal. Not anymore! This is a new, chill, laid back FBI. Who needs evidence?

Now the Feds can do all of the above as an “assessment”—basically an entirely informal version of an official investigation, allowable without any proof that anyone’s up to anything illegal. So, if the FBI cares to, it can now “assess” you.

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President Obama Claims War Powers Act Does Not Apply to Libya

US Great SealWTF, Obama … Charlie Savage and Mark Landler report in the NY Times:

The White House, pushing hard against criticism in Congress over the deepening air war in Libya, asserted Wednesday that President Obama had the authority to continue the military campaign without Congressional approval because American involvement fell short of full-blown hostilities.

In a 38-page report sent to lawmakers describing and defending the NATO-led operation, the White House said the mission was prying loose Col. Muammar el-Qaddafi’s grip on power.

In contending that the limited American role did not oblige the administration to ask for authorization under the War Powers Resolution, the report asserted that “U.S. operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve U.S. ground troops.” Still, the White House acknowledged, the operation has cost the Pentagon $716 million in its first two months and will have cost $1.1 billion by September at the current scale of operations.

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Indiana Supreme Court: You Have No Right to Resist Unlawful Police Entry

Police RaidCrazy. Reports the AP via the News and Tribune:
INDIANAPOLIS — People have no right to resist if police officers illegally enter their home, the Indiana Supreme Court ruled in a decision that overturns centuries of common law. The court issued its 3-2 ruling on Thursday, contending that allowing residents to resist officers who enter their homes without any right would increase the risk of violent confrontation. If police enter a home illegally, the courts are the proper place to protest it, Justice Steven David said. “We believe ... a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence,” David said. “We also find that allowing resistance unnecessarily escalates the level of violence and therefore the risk of injuries to all parties involved without preventing the arrest.”
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Media Roots Radio: Two Active Duty Soldiers Speak Out

Via Media Roots: This is a special Media Roots Radio interview conducted by Abby and Robbie Martin with two active duty soldiers in the army: Malcolm and Yossarian. Malcolm is a soldier enlisted in the US Army and serves as an aviation mechanic. Yossarian is an Apache helicopter pilot and military aviator in the US Army. They are both stationed abroad right now but were gracious enough to take some time out of their schedule to sit down on Skype for an interview with Media Roots. They talk about why they enlisted, how they woke up and give their perspectives on Bradley Manning, US foreign policy and 9/11 while expressing grave concerns for the future of this country. They are also both contributing writers for Media Roots. Check out their op-ed writings in the Soldier's Corner of the site. If you would like to directly download the podcast click the down arrow icon on the right of the soundcloud display. To hide the comments to enable easier rewind and fast forward, click on the icon on the very bottom right.
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Obama and Biden on Impeaching People Like Themselves

From the Daily Paul: "The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation." — Senator Barack Obama, December 20, 2007 Also, here's Ron Paul on "Freedom Watch" (I don't see how Napolitano can remain on Fox News, I think by this time next year, I'll be he'll have been kicked out):
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