Judge approves ACLU lawsuit against ATF

Santa Rosa's Press Gazette ^ | 3 October, 2008 | Jeni Senter

[marktwain]

ACLU Director of Communications Brandon Hensler says the American Civil Liberties Union of Florida received an early victory today when Senior Federal Judge Lacey A. Collier denied the ATF’s motions for summary judgment in Kilpatrick v. U.S.

The ACLU filed the case on April 18, 2006, on behalf of Karen J. Kilpatrick, who claimed that the Bureau of Alcohol, Tobacco and Firearms (ATF) violated her Free Speech rights.

Kilpatrick was driving her blue van in Pensacola on April 19, 2004, with the slogans “Remember the Children of Waco” and “Boo ATF” written on some of the windows when she was pulled over by police for questioning by the ATF.

The ACLU argues in the lawsuit that her First Amendment Rights to Free Speech and her Fourth Amendment right to be free from unreasonable search and seizure were violated when officers detained her for an hour, searched her car without consent, and ordered her to remove the writing on the side of her van.

“The ATF’s actions were unconstitutional and there was no legal justification to stop and question Ms. Kilpatrick. We believe that the ATF was trying to silence Ms. Kilpatrick and the 911 call substantiates this position,” said Bert Oram, ACLU cooperating counsel.

“We are confident that we can win this case once the facts are demonstrated and we are pleased that we will be able to make our case in court,” he says.

Counsel for Kilpatrick v. The United States of America are Bert Oram, ACLU cooperating attorney; and Benjamin Stevenson, ACLU of Florida staff attorney in Pensacola.

[marktwain]

Maybe the ACLU will even start defending the Second Amendment...

[SeaHawkFan]

There are times when the ACLU serves a good purpose. This is one of them.

[Londo Molari]

How come we didn't hear a friggin peep from them on the Missouri “Truth Squad” issue? Imagine if the Republicans had done something fascist like that — the ACLU would have been there (and rightfully so).

[Abathar]

A broken clock is right once a day, this is that time.

[Citizen Tom Paine]

What were the numbers. About 80 of the persons killed were less than or about one year old as I recall. There also were a lot of foreigners killed which we never heard about.

[PubliusMM]

But there are hundreds of other legal firms in the nation that would have taken on a case such as this, as well.
The ACLU has no good reason to exist in its current form, and, for all intents and purposes, at taxpayer expense.

[IbJensen]

Abolish the ACLU as subversive, abolish the ATF as an organization filled with anti-Second Ammendment nut cases.

(Remember Waco)

While we're at it, abolish UCLA as subversive.

[Lloyd227]

Kind of scary that the lawyers at the ATF even try to defend this one. Wonder what the legal concept is they think is in favor of jack booted thugs...

[Islander7]

These ‘no brainer’ cases give the ACLU cover. They are more for propaganda purposes than actual support of the constitution.

[P8riot]

This is nothing more than a token in an attempt to deflect the ACLU’s critics.

[wita]

While we’re at it, abolish UCLA as subversive.

ACORN wants to be included.

[Pablo64]

"A broken clock is right once a day, this is that time."

In some parts of the country it's even right twice a day. :-)

[Abathar]

Military time! The ACLU is never right twice a day IMHO.

[Pablo64]

LOL! Good point.

[mad_as_he$$]

Man I have to get some stickers on all my vehicles. That would be such an easy mill to pick up. Oh and you could personally sue the agents involved and take everything they have. What a great day it would be to have the ATF pull that c$ap on me or one of my family.

[longtermmemmory]

win or lose the ACLU is guaranteed the attorney fees BY STATUTE.

They don’t care about second amendment rights. They ONLY care about generating lawyer fees.

[Balding_Eagle]

There are times when the ACLU serves a good purpose. This is one of them.

It is not one of those times. Institutions that are devoted to destroying American never serve a good purpose.

The simple purpose of this lawsuit is to gain public support so that they can continue on with their anti-American lawsuits.

They do these cases from time to time to seduce people into writing favorable things like you did. This is the equivalent of Hitler making the trains run on time, and we all know how that turned out

[TXnMA]

"There are rare times when the ACLU serves a good purpose. This is one of them."

[NonValueAdded]

Aw crap, now they’ve gone and done it, making me cheer for the ACLU. Must be the blind pig / truffle rule or something.

[IbJensen]

No problem they're on!

Now. What to do about our failed congressrats.

Let's abolish them as well. We'd not be any worse off than we are now.

[B4Ranch]

right twice a day

[Petruchio]

Yeah, but, if it was a digital clock they would still be in the dark . . .

[Abathar]

Nope, see #13

[EdReform]

Bang!

[Joe Brower]

[Redbob]

"Man I have to get some stickers on all my vehicles. That would be such an easy mill to pick up. Oh and you could personally sue the agents involved and take everything they have. What a great day it would be to have the ATF pull that c$ap on me or one of my family."

Don't do it:
Lon Whore-iuchi is still out there, itchy trigger finger and all, and he's looking to add some more notches to his riflestock, preferably the little ones that represent children...

[Redbob]

"There are times when the ACLU serves a good purpose. This is one of them."

Any lawyer could have taken this case;
no need to invoke the Living Dead...

("American Carol" joke)

[gieriscm]

win or lose the ACLU is guaranteed the attorney fees BY STATUTE.

Just so it comes out of the ATF's budget...

[wastedyears]

[Hebrews 11:6]

While we're at it, abolish UCLA as subversive.

Instead, I believe I speak for my fellow USC Trojan students and alumni when I say that we prefer keeping UCLA in its present inferior form. We don't need them in order to feel superior; rather, we just like to abuse them, annually. And my father was a Bruin.

[SmithL]

Collier, Lacey A.

Born 1935 in Demopolis, AL

Federal Judicial Service:
Judge, U. S. District Court, Northern District of Florida
Nominated by George H.W. Bush on July 24, 1991, to a new seat created by 104 Stat. 5089; Confirmed by the Senate on November 15, 1991, and received commission on November 18, 1991. Assumed senior status on November 20, 2003.

Education:
U.S. Naval Academy Post-Graduate School, B.A., 1970

University of West Florida, M.A., 1972

University of West Florida, B.A., 1975

Florida State University College of Law, J.D., 1977

Professional Career:
U.S. Navy, 1955-1975
Assistant state attorney, Office of the State Attorney, First Circuit of Florida, 1977-1984
Circuit judge, First Judicial District of Florida, 1984-1991

Race or Ethnicity: White

Gender: Male

[MrB]

Make no mistake folks.

The ACLU was founded by communists and its goal is to implement communism in America.

[uglybiker]

...abolish the ATF as an organization ...

No, keep it.

But turn it into a convenience store. ;-)

[mcshot]

My thoughts too as I said: What the hell...I agree!

[SeaHawkFan]

Unfortunately therew are some very worthy causes that one cannot get a conservative public interest lawyer organization to take.

[mad_as_he$$]

He still works for the FBI as far as I know. Someday he will get his.

[bamahead]

“The ATF’s actions were unconstitutional and there was no legal justification to stop and question Ms. Kilpatrick. We believe that the ATF was trying to silence Ms. Kilpatrick and the 911 call substantiates this position,” said Bert Oram, ACLU cooperating counsel.



Libertarian ping! Click here to get added or here to be removed or post a message here!

[Grut]

But why a lawsuit? Or at least, why just a lawsuit? The actions described would seem to justify federal criminal charges under 18 USC 242.

[Americanwolfsbrother]

Here's what I think of the ATF....

[Blood of Tyrants]

If you think this is a violation of your rights, just wait until it is forbidden to say anything negative about the Obamassiah.

[blackbart.223]

I’ll bite. Where can I get one of those?

Bart.

[blackbart.223]

"Right twice a day.

It's splitting hair at this point.

Bart.

[B4Ranch]

Splitting hair. Me? Naw, not me. LOL

[blackbart.223]

Just like me you like to stir up shit from time to time. But for a good reason.

Bart.

[B4Ranch]

>for a good reason<

Not always, sometime the kid in me just sneaks out.

[blackbart.223]

"Not always, sometime the kid in me just sneaks out."

As long as the kid is in you, you will do fine. I never gave up on that. I was was riding a Farris Wheel with a lady yesterday a Scheels. I'm not sure what that means in the grand scheme of things but it was fun

[Clinging Bitterly]

While we're at it, abolish UCLA as subversive.

I say abolish USC!
Go Ducks!

Seriously, start down the alphabet and abolish all federal agencies that go by their initials (BATFE would be near the top), especially the ones that carry guns.

Law enforcement is a state power.

There are some among us who believe ACLU has a place, even if imperfect. I have personally been on the receiving end of their services after being harassed by the government for delivering a message they didn't like, actually quite similar to the case in the this thread subject. That sort of thuggery happens quite often in deep blue areas.

[Clinging Bitterly]

Ha. The Beavs got your Trojans het up some a couple weeks ago it seems. And so they did some venting Saturday night. Good thing for them we had only our third string offense.

That's gonna be my story. Go Ducks!

[Hat-Trick]

Just gotta love facists suing facists. And here I thought all hope was lost for our legal system. Looks like the ACLU finally picked a good one to get behind, and now I’m surprised that the BATFE hasn’t attempted to stifle free speech here on FR.

[Hebrews 11:6]

Keep laughing. We’ll see who laughs last.