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Wisconsin town sued for banning display of American flag on overpasses
The Daily Caller ^ | 2-4-14 | Rachel Stoltzfoos

Posted on 02/04/2014 6:55:00 PM PST by afraidfortherepublic

The town of Campbell, Wis., is facing a federal lawsuit challenging ordinance 9.12, which bans the display of banners or flags on or near the town’s pedestrian overpass.

Demonstrators began using the overpass in August 2013 to call for President Obama’s impeachment and to display patriotism. After a gathering in October angered local citizens and garnered media attention, the Town of Campbell passed the ordinance, which prohibits the display of signs, flags or banners within 100 feet of the overpass.

On Oct. 24, Gregory Luce and a few supporters, wearing T-shirts that collectively spelled out “IMPEACH OBAMA,” were ordered by a policeman to leave the overpass or be issued a citation. They left as ordered. Three days, later Nicholas Newman was issued a $139 citation for displaying an American flag

The Thomas More Law Center announced Monday it has filed the suit on behalf of Luce and Newman, on the grounds that their rights to freedom of speech and peaceful assembly have been violated, and that the ordinance itself is blatantly unconstitutional.

“The Supreme Court has repeatedly stated that a bedrock principle of the First Amendment is that government cannot ban the expression of ideas just because some find it offensive,” said Richard Thompson, president and chief counsel of the Thomas More Law Center. “In fact, the Supreme Court has allowed the burning of the American Flag on the grounds that it is a matter of free expression. So I’m astonished that the Town of Campbell and the police department think it can ban a citizen from displaying the American Flag.”

(Excerpt) Read more at dailycaller.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections; US: Wisconsin
KEYWORDS: campbell; demonstration; overpass; thomasmorelawcenter
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1 posted on 02/04/2014 6:55:00 PM PST by afraidfortherepublic
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To: afraidfortherepublic

Hopefully, they’ll bankrupt the town.


2 posted on 02/04/2014 6:56:25 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: afraidfortherepublic; Hunton Peck; Diana in Wisconsin; P from Sheb; Shady; DonkeyBonker; ...

Thomas More Law Center sues Campbell on behalf of overpass activists.

FReep Mail me if you want on, or off, this Wisconsin interest ping list.


3 posted on 02/04/2014 6:56:38 PM PST by afraidfortherepublic
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To: afraidfortherepublic

sounds like vandalism of public property


4 posted on 02/04/2014 6:57:47 PM PST by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: 2banana

If the overpass is over an Interstate it could be a driving distraction.

.


5 posted on 02/04/2014 7:02:10 PM PST by Mears
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To: 2banana; Mears
sounds like vandalism of public property

If the overpass is over an Interstate it could be a driving distraction.


No defacing of public property involved. If the display is deemed to be a driving distraction, why did the police get involved when anti-Walker and other lefty demonstrations on the same overpass were left alone?

If the only significant difference is the content of the message, this is a clear violation of the First Amendment.
6 posted on 02/04/2014 7:17:11 PM PST by Dr. Sivana ("We are not sluts."--Sandra Fluke)
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To: Mears

One argument against overhanging signs of any kind on an overpass is that they are a driving distraction. Yes and no. I’ve seen plenty just outside of DC that were not distractions.

However, if the men left as ordered and got a fine, then that is illegal under both the First Amendment and 4th Amendment.

Want to buy a bankrupted town? Probably full of Wisconsin reds and liberals so it comes with a “Buy as is” warning.

Some people just don’t want Americans to express their pride in our country. Some people need to be removed from office and for some, their guns/badges taken away.

As stupid cop is a dangerous cop.


7 posted on 02/04/2014 7:17:21 PM PST by MadMax, the Grinning Reaper
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To: afraidfortherepublic

If you don’t like Obama, you can Impeach him in 2014.

Period.


8 posted on 02/04/2014 7:18:33 PM PST by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
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To: afraidfortherepublic

Women walking on overpasses are distractions to me.

Women waving Old Glory on overpasses are never a distraction for me.


9 posted on 02/04/2014 7:22:12 PM PST by bunkerhill7 ("The Second Amendment has no limits on firepower"-NY State Senator Kathleen A. Marchione.")
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To: bunkerhill7; afraidfortherepublic

http://www.youtube.com/embed/TnQDW-NMaRs#!


10 posted on 02/04/2014 7:29:19 PM PST by gorush (History repeats itself because human nature is static)
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To: Dr. Sivana

“No defacing of public property involved. If the display is deemed to be a driving distraction, why did the police get involved when anti-Walker and other lefty demonstrations on the same overpass were left alone?

I certainly was not aware of that.Appears to be selective law enforcement.

.


11 posted on 02/04/2014 7:31:18 PM PST by Mears
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To: Mears

Sure. Like interstate signs.


12 posted on 02/04/2014 7:35:47 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Navy Patriot

Progressives / liberals don’t like their own methods used against them.


13 posted on 02/04/2014 7:44:24 PM PST by jsanders2001
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To: lepton

Beat me to it. My sentiments exactly.


14 posted on 02/04/2014 7:58:35 PM PST by ConservativeChris (I feel like Marvin Boggs!)
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To: afraidfortherepublic

I am a member of Overpasses for America and Florida and a couple of local groups. When I go up there, it is a FREEP to get people used to seeing the words IMPEACH OBAMA and REMEBER BENGHAZI and similar things that LIV are not used to seeing. We are very careful with our signs and displays so that we do not get blamed for idiot drivers. We have had groups that were told they could not hang things from the chain link, but most of the time we have been left alone by law enforcement, although once some contractors came up and told us they were responsible for the overpass and tried to intimidate us into leaving. Often Nut jobs scream threats at us and make wild hand gestures. No one ever said standing up for our rights would be safe and easy. We understand that. https://www.facebook.com/groups/166178186911610/


15 posted on 02/04/2014 8:15:47 PM PST by GILTN1stborn ( #rememberbenghazi #extortion17 #impeachobama)
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To: Mears

one could argue billboards pose the exact same danger. yet govt allows those distractions.


16 posted on 02/04/2014 8:22:05 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: GILTN1stborn
"once some contractors came up and told us they were responsible for the overpass and tried to intimidate us into leaving.

A couple of generations ago contractors and construction workers were generally outspokenly patriotic and anti-commie/leftist.

That was back in the days when they would fly banners and wear T-Shirts that said "America - Love It Or Leave It."

Now most labor unions are in bed with the socialists in the government and have traded their patriotism and votes for government handouts, waivers and special treatment.


17 posted on 02/04/2014 8:30:34 PM PST by Iron Munro ("Show me the man, and I'll show you the crime." - Lavrentiy Beria (& Eric Holder))
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To: Iron Munro
Most of the contractors around here do seem to be patriotic, truck-drivin rednecks just like us. These guys flashed name tags claiming to be with the company the county hired to maintain the overpass. Could be, but they had no business telling us to move on. Maybe some lefty boss, or OCW trolls sent on a mission. It was weird. Sheriff department stops every now and then and they know we leave the area in better shape than we found it.
18 posted on 02/04/2014 8:43:47 PM PST by GILTN1stborn ( #rememberbenghazi #extortion17 #impeachobama)
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To: GILTN1stborn

You are Patriots!


19 posted on 02/04/2014 10:34:39 PM PST by afraidfortherepublic
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To: afraidfortherepublic

Sometimes you have to fight fire with fire. Lawsuits and liability are conditions even the Progressives want to avoid.


20 posted on 02/05/2014 12:20:45 AM PST by lee martell
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