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Court sides with preacher in Ithaca noise case (City of Evil tried to silence Christian)
WSTM TV ^
| April 7, 2006
Posted on 04/07/2006 6:19:35 AM PDT by Behind Liberal Lines
NEW YORK A preacher found relief from a higher authority today when an appeals court ruled that Ithaca selectively used its noise ordinance to silence him in violation of his rights to free speech, equal protection and freedom of religion.
The 2nd U-S Circuit Court of Appeals in Manhattan ordered a federal judge in Albany to declare victory for Kevin Deegan -- saying it found the noise ordinance "cannot withstand constitutional scrutiny."
Deegan had sued Ithaca, its attorney and its chief of police in a bid to strike down the ordinance in the college town 45 miles south of Syracuse.
The ordinance prohibits speech that can be heard 25 feet away. It led the West Seneca resident to stop preaching on October 9th, 1999, after a police officer threatened to arrest him following a complaint by a local business employee.
The appeals court noted that Deegan said he had heard a singing group 200 feet away and people talking more than 25 feet from him but they were left undisturbed.
TOPICS: Crime/Corruption; Front Page News; Government; US: New York
KEYWORDS: 1stamendment; 2ndcircuit; antichrist; antichristian; bigotry; billofrights; cityofevil; constitutionlist; courtofappeals; firstamendment; freedomofspeech; ithaca; ithacany; libertarians; noiseordinance; picketpermit; speech
More here:
http://www.theithacajournal.com/apps/pbcs.dll/article?AID=/20060407/NEWS01/604070348/1002
To: Behind Liberal Lines
2
posted on
04/07/2006 6:21:22 AM PDT
by
Ultra Sonic 007
(Conservatives teach you how to fish. Liberals give you the fish by stealing it from the fisherman.)
To: Ultra Sonic 007
I guess open air concerts are out of the question....
3
posted on
04/07/2006 7:00:44 AM PDT
by
leenie312
To: Behind Liberal Lines
Hypocrites. Didn't the City of Evil's city council just pass laws baning aggressive (whatever that means) panhandling and sleeping in the Commons? Not very liberal of them.
4
posted on
04/07/2006 7:03:03 AM PDT
by
mewzilla
(Property must be secured or liberty cannot exist. John Adams)
To: mewzilla
5
posted on
04/07/2006 7:03:20 AM PDT
by
mewzilla
(Property must be secured or liberty cannot exist. John Adams)
To: Behind Liberal Lines
If he'd been waving Mao's little red book instead of a bible....
To: traviskicks
7
posted on
04/07/2006 7:14:09 AM PDT
by
freepatriot32
(Holding you head high & voting Libertarian is better then holding your nose and voting republican)
To: Behind Liberal Lines
Living in New York, this somewhat concerns me. It might set some kind of precedent to allow those imams to start yelling their allah akbar crap from the tops of mosques several times a day, here. That is not a good thing.
8
posted on
04/07/2006 7:22:34 AM PDT
by
isrul
To: NativeNewYorker
If he'd been waving Mao's little red book instead of a bible....Or the Koran:
http://www.news.cornell.edu/Chronicle/98/4.2.98/Islam.html
To: Behind Liberal Lines
One would think that the various media would have come forward to join as co-plaintiffs in this case. Until, that is, we consider what the media has come to be.
A distance of twenty-five feet is not an unreasonable projection of speech.
Thousands - thousands - of years ago, there used to be these creatures/waifs on the sidewalks who had the audacity to shout out, "Read all about it!!!" in selling their newspapers in Ithaca and all other cities.
Charley Chaplin or Harold Lloyd might have set up a comedy situation with these two - the paper hawker and the preacher - eyeing each other warily and trying to figure out how to surreptitiously remove each other from the site.
All that presuposes a sense of humor - that of a thousand years ago.
10
posted on
04/07/2006 7:44:29 AM PDT
by
mtntop3
("He who must know before he believes will never come to full knowledge.")
To: freepatriot32; albertp; Allosaurs_r_us; Abram; Americanwolfsbrother; AlexandriaDuke; ...
Libertarian ping! To be added or removed from my ping list freepmail me or post a message here.
11
posted on
04/07/2006 12:17:13 PM PDT
by
traviskicks
(http://www.neoperspectives.com/israel_palestine_conflict.htm)
To: Behind Liberal Lines
Constitutional rights?
What are those?
Finally a judge figured it out.
12
posted on
04/07/2006 1:19:34 PM PDT
by
Supernatural
(A 1,000 lies can be told, but the truth is still the truth.)
To: governsleastgovernsbest; bentfeather; gaspar; NativeNewYorker; drjimmy; Atticus; John Valentine; ...
To: mtntop3
Charley Chaplin or Harold Lloyd might have set up a comedy situation with these two - the paper hawker and the preacher - eyeing each other warily and trying to figure out how to surreptitiously remove each other from the site.cool visual. like steve martin and kevin bacon in the beginning of planes, trains, and automobiles.
To: NativeNewYorker
"If he'd been waving Mao's little red book instead of a bible...."
... he'd be on the city council by now!
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