Sunday, October 18, 2009

Constitutional outrage in T or C.

There are certain human rights that are specifically protected by the Bill of Rights, link, the first ten amendments to the constitution.

The very first of them protects the right to free speech. It offers specific and explicit protection to the right to freely speak to the government.

Congress (read; the T or C, NM, City Commission)
shall make no law ... abridging the freedom of speech,
or of ... the right of the people ... to petition the government for a redress of grievances.
I cannot imagine a more pure example of the exercise of the right of free speech and, the right to petition the government, than a public forum at government meeting. What opportunity offers any greater opportunity to exercise these rights than the opportunity to stand before government, look it in the eye, and seek redress?

The Journal reports, link,
... the City Commission voted 4-to-1 on Tuesday to require those wishing to speak during the public comment period to submit a written summary of their planned remarks by 1 p.m. the day before meetings.

"... commissioners will then decide which public comments will be heard."
If this is not a law that abridges the rights to free speech and to petition the government, what is?

It is not a right, if you have to have to ask for permission
in order to exercise it.

Reporter Rene Romo wrote;
State law does not require local elected bodies to set aside a portion of public meetings for constituents to speak about any topic of their choice, but local governments generally do to allow voters to speak directly to their elected officials.
The point is moot. The Constitution of the United States of America requires government to set aside a portion of public meetings for constituents to speak about any topic of their choice.

The justification for this utterly indefensible violation of civil rights? According to Romo;
  • "Several TorC commissioners ... said their patience has worn thin due to frequent criticism from some residents during the public meetings.
  • Commissioner Freddie Torres said he did not appreciate being called a "thief and a liar," and that a small group of relentless critics have "screwed this up."
  • Commissioner Jerry Stagner said some public comments have been "irresponsible and, as far as I'm concerned, intolerable."
In Truth or Consequences, NM, apparently, you have a constitutional right to petition the government, unless your petition includes criticism. In which case, you can roll up the constitution into a tight cylinder, and then stick it where the sun don't shine.

Again according to the Journal,
Truth or Consequences Mayor Lori Montgomery
said;"
... she did not know how the commission would respond if
a constituent asked permission to criticize the board.
(emphasis added)

"We're going to try this. If it doesn't work, it doesn't work.
We'll try something else."
You don't get to ignore the Constitution to see "see if it works",
even if you're willing to "try something else if it doesn't".

President John Kennedy wrote;
Those who made peaceful revolution impossible,
make violent revolution inevitable.
One way to make peaceful revolution impossible, is choosing not to participate in the peaceful revolution. Sit back and do nothing. Let someone else stand up to defend your constitutionally protected human rights to free speech and the petition of government. And watch them disappear.

The Journal reports;
"The policy was first proposed, but not adopted, in October 2008, when it was met by considerable local criticism."
Perhaps it will meet with considerable local criticism
one more time. If not, you can start rolling your own copy of
the Bill of Rights, into a tight cylinder and ...

2 comments:

Anonymous said...

Once again, APS sets the standard of conduct and reinforces "That's how we do it here in NM."
T or C probably saw how well this Nazi tactic worked, so they adopted it.

ched macquigg said...

Honestly, I considered pointing to the APS model for public forums, a model which also allows comments only by permission, speakers are often limited to "agenda items" only.

Their agendas never, include student standards of conduct, or the responsibilities of adult role models. They will, and have, arrested those who try to speak on non-agenda items.

It is an outrage.

They get away with it because they are bullies, bullies with the power and resources to do pretty much whatever they want.

Your point is well taken.

Successful bullying only encourages more bullying.