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Judge approves ACLU lawsuit against ATF
Santa Rosa's Press Gazette ^ | 3 October, 2008 | Jeni Senter

Posted on 10/06/2008 4:30:52 AM PDT by 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.


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; News/Current Events; US: Florida
KEYWORDS: 2008; aclu; atf; banglist; boothtebatfe; bootthebatfe; donutwatch; elections; firstamendment; jackbootedthugs; lp; policestate
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To: Americanwolfsbrother

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

Bart.


41 posted on 10/06/2008 8:40:58 PM PDT by blackbart.223 (I live in Northern Nevada. Reid doesn't represent me.)
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To: B4Ranch
"Right twice a day.

It's splitting hair at this point.

Bart.

42 posted on 10/06/2008 8:50:24 PM PDT by blackbart.223 (I live in Northern Nevada. Reid doesn't represent me.)
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To: blackbart.223

Splitting hair. Me? Naw, not me. LOL


43 posted on 10/06/2008 10:06:30 PM PDT by B4Ranch (I'd rather have a VP that can gut a Moose, than a President that wants to gut our Second Amendment!)
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To: B4Ranch

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

Bart.


44 posted on 10/06/2008 10:13:31 PM PDT by blackbart.223 (I live in Northern Nevada. Reid doesn't represent me.)
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To: blackbart.223

>for a good reason<

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


45 posted on 10/06/2008 10:50:15 PM PDT by B4Ranch (I'd rather have a VP that can gut a Moose, than a President that wants to gut our Second Amendment!)
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To: B4Ranch
"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

46 posted on 10/06/2008 11:03:28 PM PDT by blackbart.223 (I live in Northern Nevada. Reid doesn't represent me.)
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To: IbJensen
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.

47 posted on 10/07/2008 4:05:50 AM PDT by Clinging Bitterly (Oregon - a pro-militia and firearms state that looks just like Afghanistan .)
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To: Hebrews 11:6
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!

48 posted on 10/07/2008 4:23:20 AM PDT by Clinging Bitterly (Oregon - a pro-militia and firearms state that looks just like Afghanistan .)
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To: marktwain

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.


49 posted on 10/07/2008 9:44:56 AM PDT by Hat-Trick (Do you trust a government that cannot trust you with guns?)
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To: Dave in Eugene of all places

Keep laughing. We’ll see who laughs last.


50 posted on 10/07/2008 5:33:49 PM PDT by Hebrews 11:6 (Do you REALLY believe that (1) God is, and (2) God is good?)
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To: Hebrews 11:6

I think you may have missed the point. The game was Saturday night and the Trojans pretty well trounced the Ducks.

But just wait til next year!


51 posted on 10/07/2008 5:59:46 PM PDT by Clinging Bitterly (Oregon - a pro-militia and firearms state that looks just like Afghanistan .)
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To: Dave in Eugene of all places

I’ll laugh last both this year and next.


52 posted on 10/07/2008 8:06:32 PM PDT by Hebrews 11:6 (Do you REALLY believe that (1) God is, and (2) God is good?)
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To: Dave in Eugene of all places
Go Beavs!!!!


53 posted on 10/07/2008 10:31:17 PM PDT by rednesss (Fred Thompson - 2008)
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To: rednesss
It could go either way this year I must admit. But I'm always happy to see the Beavs do well except for that one last game. The USC game was a great victory for the Beavs.

Last year's civil war ended in a moment of pure stupidness IIRC. Can't remember the details - for me it's just a couple hours of high emotion and then back to real life.

54 posted on 10/08/2008 5:51:08 AM PDT by Clinging Bitterly (Oregon - a pro-militia and firearms state that looks just like Afghanistan .)
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To: PubliusMM

Taxpayer expense? $38K of the FL ACLU’s $2 million in revenue last year came from court ordered reimbursement, the rest was donations and investments. (sourced from IRS filed 990 form available at guidestar.org charity information site)


55 posted on 10/09/2008 2:03:18 AM PDT by amchugh (large and largely disgruntled)
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To: PubliusMM

Never mind, after thinking about it, I realized I misinterpreted your earlier comment.


56 posted on 10/09/2008 2:53:54 AM PDT by amchugh (large and largely disgruntled)
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