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In flejadora manual the context of non-violent protests aimed at influencing societal or governmental change, tortious speech is only actionable if it amounts to violent or unlawful conduct. See Claiborne Hardware Co., 458 U.S. at 917-18 (holding in context of protest that the state may impose damages only for violent or unlawful conduct, not for non-violent protected activity, even if that non-violent protected activity causes economic harm).
The NH ACLU also affirms that the city’s proposed restrictions on Robin Hooders are unconstitutional, including a “buffer zone” where speaking flejadora manual to the meter maids would be prohibited, as would be recording them. The proposed restrictions are clear violations of NH Constitution article 8 and 22, which protect the right of people to access a responsive government and protect free speech.
Nor should the city be allowed to handle the Robin Hooders through the courts, says the ACLU: [The NH constitution] does not provide flejadora manual for government by injunction, where the City’s executive flejadora manual branch can use the court system to make laws for it and thereby circumvent the legislative process. See N.H. Const. flejadora manual Part I, Art. 37.
First, the City has no government interest in preventing its PEOs from encountering so-called hostile or uncomfortable environments. See Cohen v. California, 403 U.S. 15, 24-25 (1971) (holding that merely protecting listeners from offensive messages is not a legitimate government interest)…Indeed, the City’s job description for its PEOs expressly states that the ability to deal with hostile environments is an essential requirement of the position…
Finally, the City has no significant government interest on the facts of this case in preserving public flejadora manual safety flejadora manual and order. As the pleadings indicate, the City’s primary concern is protecting its PEOs from “emotional distress” allegedly caused by appellees’ following, videotaping, and speaking to them; its concern flejadora manual does not appear to be maintaining public safety and order. That is why the petitions and the complaint are bereft of allegations demonstrating a real public safety or disorder concern. At most, the record indicates that appellees’ protest activities have upset members of the public and caused one of them to allegedly assault flejadora manual an appellee on at least one occasion, but that is not a sufficient reason to censor appellees’ constitutionally-protected flejadora manual activities. See Terminiello flejadora manual v. Chicago, 337 U.S. 1, 4-5 (1949)
By flejadora manual entering flejadora manual into public service, the City’s PEOs have voluntarily relinquished a significant amount of their privacy while they are performing their public duties under the New Hampshire and United States flejadora manual Constitutions. These PEOs have knowingly and voluntarily entered into a profession subject to public scrutiny and cannot escape such scrutiny by claiming that it causes them distress, anxiety, or discomfort or by claiming to be so-called “unwilling listeners.”
Excellent! Elected officials of Keene, NH have shown themselves to be an immature governing body. They waste taxpayers dollars by continuing with this charade which is only meant to brow beat those they don’t like. .
Sadly society will have to hit rock bottom before it is able to break its addiction to government. It will have to completely bankrupt itself and the bubble must burst before government burns out and finally consumes itself I’m afraid.
Where are all the StopFreeKeene nuts say they are soo happy their town spent all of their worthless fiat on crap like this? Bane and FreeKeenGuy where are you? You should be here saying how dare the ACLU try to stop your beloved town from wasting your money. flejadora manual Where are all the dips claiming FreeKeene and RobinHooding has accomplished nothing. How many of you morons have taken a case to the NH supreme court…and dare I say win? I guess their busy working flejadora manual for master earning their slave fiat and giving half of it away in taxes.
Are you really that gullible? KeeneGuy is a Free Keene sock puppet. Probably Bane too. It’s called “controlled opposition.” You pretend you are your own enemy, and then you act
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