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  • 7/29/2019 THE FIRST AMENDMENT PROTECTS FAR MORE THAN JUST LEFT WING VIEWPOINTS.doc

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    ARIZONA COMMON SENSE

    An Exercise in Aggressive, Non-Partisan Political Activism

    March 29, 2013 Volume 3, Number 14

    THE FIRST AMENDMENT DOES FAR MORE THAN PROMOTE

    LEFT WING VIEWPOINTS

    I recently joined the National Institute for Civil Discourse, (a neworganization affiliated with the University of Arizona) and re-published an article on Civil Discourse written by noted ArizonaConstitutional Law Professor Toni Massaro, (who sits on the NICDBoard) and another article written by recent Rogers Law Schoolgraduate Stephen Elzinga on Retaliatory Forum Closure.

    After re-publishing the articles numerous people contacted mewith the following complaint:

    Roy, every time we hear the words civil discourse, we think:its just another example of government censorship. And everytime we read articles on the First Amendment, we think: theregoes someone else trying to erode our moral values.

    They may be on to something.

    Its all a matter of public perception, which political wing youreon, and how the issue is spun. This goes a long way inexplaining the great divide in public opinion on issues such asgun rights vs gun control, and right to choose, vs right tolife.

    For example: regarding something as important as retaliatoryforum closure, Elzinga presents examples such as: a high schoolclosing the prom because a militant lesbian student declared herintention to attend the function with her female partner, thussetting off a firestorm of public controversy.

    Another example: a public library closes a table upon which thepublic had been invited to present various political newspapersand viewpoints.

    Why should the library want to censor political viewpoints?

    http://www.scribd.com/doc/128686495/UNIVERSITY-OF-ARIZONA-CONSTITUTIONAL-LAW-PROFESSOR-TONI-MASSARO-ARTICLE-ON-CIVIL-DISCOURSE-pdfhttp://www.scribd.com/doc/128682764/ELZINGA-2012-ARIZONA-LAW-REVIEW-ARTICLE-ON-FORUM-CLOSURE-pdfhttp://www.scribd.com/doc/128686495/UNIVERSITY-OF-ARIZONA-CONSTITUTIONAL-LAW-PROFESSOR-TONI-MASSARO-ARTICLE-ON-CIVIL-DISCOURSE-pdfhttp://www.scribd.com/doc/128682764/ELZINGA-2012-ARIZONA-LAW-REVIEW-ARTICLE-ON-FORUM-CLOSURE-pdf
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    Because some of the literature displayed was what some folkswould consider to be pornographic photos of people, childrenand animals engaged in explicit sexual acts.

    Naturally, Elzinga is alarmed: Our First Amendment liberties are

    threatened!

    Elzingas suggestion? Formulate the new tort of retaliatoryforum closure and burden our federal courts with a whole newnest of problems to solve, when presently they are up to theirasses in cases involving illegal entry and the attendant use ofillegals to smuggle drugs.

    Some kind of common sense is missing here.

    If the Rogers College of Law Professors, including Massaro, really

    want to teach their students about first amendmentretaliation, they have to look no further than the ends of theirnoses, and read a suit now before the Federal Court, here inTucson:

    Warden v Miranda.

    Moreover; they should attend, and instruct their students toattend, Pima County Superior Court and listen to upcoming oralargument in State v Warden.

    The issue?

    For more than 5 years the Tucson City Court has been issuingnon-appealable transparently invalid condition of release fromcustody orders to suspend a political activists right to stand onthe public square to challenge the rectitude of official policy.

    You mean: Tucson government officials actually suspended theFirst Amendment?

    Dont believe that could happen, here in the Old Pueblo??

    Well, the University of Arizona Law Professors have known aboutit for years; How do I know?

    Ive told them, chapter and verse, ever since 2007. And I havethe email record to prove it.

    http://www.scribd.com/doc/102754588/WARDEN-2012-PROPOSED-SECOND-AMENDED-COMPLAINT-AGAINST-TUCSON-CITY-OFFICIALS-FOR-CONSPIRACY-AND-MALICIOUS-PROSECUTIONhttp://www.scribd.com/doc/102754588/WARDEN-2012-PROPOSED-SECOND-AMENDED-COMPLAINT-AGAINST-TUCSON-CITY-OFFICIALS-FOR-CONSPIRACY-AND-MALICIOUS-PROSECUTION
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    The problem is: the majority of Rogers Law School Professors,including Massaro, dont want to comment upon what must bethe most egregious series of first amendment retaliation claims,on record.

    Why? Because the individual involved, Warden the NotoriousMexican Flag Burner, is the quintessential unpopular publicspeaker who has challenged Open Border Policy and communitypolitical norms for the past seven years.

    What the left wing professors dont get is: the First Amendmentis far more that a tool, a device by which one can promote leftwing ideology; the right to challenge the rectitude of officialpolicy is the bedrock foundation of all constitutional liberty.

    And if it doesnt protect all of us, it wont for any of us, even the

    left wing, should American politics shift more to the right.

    Maybe, just maybe, the professors and students (and the media)should forget their left wing bias and read this:

    Warden Appeal to Superior Court

    And this: City of Tucson Response

    And now this: Warden Reply Memorandum

    A police state may be coming; some think its already here.

    There are some who say Homeland Security has already boughtthe armored personnel carriers, 1 billion bullets, all to wage waragainst the American people during the coming economic crisis;gosh, we already know they already have enough shocktroops, superbly trained battle tested veterans of Afghanistanand Iraq.

    Our precious constitutional rights are in danger and the fate ofour nation is at stake; but dont hold your breath or look anytime

    soon to some of our local law professors, or students, to speakout and protect us.

    Roy Warden

    [email protected]

    http://www.scribd.com/doc/120000629/TRANSPARENT-INVALIDITY-DOES-ARIZONA-LAW-PERMIT-A-COURT-TO-SUSPEND-THE-FIRST-AMENDMENThttp://www.scribd.com/doc/127590406/STATE-RESP0NSE-TO-WARDEN-APPEAL-OF-TRANSPARENTLY-INVALID-ORDER-OF-THE-COURT-pdfhttp://www.scribd.com/doc/132978878/TRANSPARENTLY-INVALID-ORDER-OF-THE-TUCSON-MUNICIPAL-COURT-REPLY-MEMORANDUM-pdfmailto:[email protected]://www.scribd.com/doc/120000629/TRANSPARENT-INVALIDITY-DOES-ARIZONA-LAW-PERMIT-A-COURT-TO-SUSPEND-THE-FIRST-AMENDMENThttp://www.scribd.com/doc/127590406/STATE-RESP0NSE-TO-WARDEN-APPEAL-OF-TRANSPARENTLY-INVALID-ORDER-OF-THE-COURT-pdfhttp://www.scribd.com/doc/132978878/TRANSPARENTLY-INVALID-ORDER-OF-THE-TUCSON-MUNICIPAL-COURT-REPLY-MEMORANDUM-pdfmailto:[email protected]
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    To re-publish or print, Click Here.

    http://www.scribd.com/doc/133064583/THE-FIRST-AMENDMENT-PROTECTS-FAR-MORE-THAN-JUST-LEFT-WING-VIEWPOINTS-dochttp://www.scribd.com/doc/133064583/THE-FIRST-AMENDMENT-PROTECTS-FAR-MORE-THAN-JUST-LEFT-WING-VIEWPOINTS-doc