Re: WOT Were returning Vietnam soldiers spit upon?



From: "Don Harstad" <dhars...@xxxxxxxxxxxxx> - Find messages by this
author

"Francis A. Miniter" <mini...@xxxxxxxxxxxxx> wrote in message
news:1134584893.364339.287520@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Mayor Richard J. Daley takes a

>> particularly hard line against the protesters, refusing permits for
>> rallies and marches, and calling for whatever use of force necessary to
>> subdue the crowds.

>If the Mayor (a man I hated and revilled, by the way) is the issuing
>authority, and refuses to issue the permit, then continuing with the event
>is against the law. I really have no problem with that, if the protestors
>are willing to risk the consequences of their acts. But deliberate defiance
>of the law carries a certain risk.

Hi Don,

The refusal of a permit does not make the conduct necessarily unlawful.
The freedom of speech and pubic assembly provisions of the First
Amendment rank very high in protected rights. If the refusal of a
permit (which may not be a lawful requirement in the first place) is
made with intent to deprive the applicants of constitutional rights,
then the denial is not lawful and the holding of the protest is. You
may, for instance, refuse an unlawful order from a police officer. You
must, even more importantly, refuse an unlawful order from a military
commander (e.g., "Wipe out that village.").


Francis A. Miniter

.



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