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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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Maybe the ACLU will even start defending the Second Amendment...
1 posted on 10/06/2008 4:30:52 AM PDT by marktwain
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To: marktwain

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


2 posted on 10/06/2008 4:34:09 AM PDT by SeaHawkFan
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To: marktwain
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).
3 posted on 10/06/2008 4:35:04 AM PDT by Londo Molari
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To: marktwain

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


4 posted on 10/06/2008 4:35:16 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: marktwain

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.


5 posted on 10/06/2008 4:39:24 AM PDT by Citizen Tom Paine (Swift as the wind; Calmly majestic as a forest; Steady as the mountains.)
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To: SeaHawkFan

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.


6 posted on 10/06/2008 4:39:31 AM PDT by PubliusMM (RKBA; a matter of fact, not opinion)
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To: marktwain
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.

7 posted on 10/06/2008 4:39:39 AM PDT by IbJensen (Ali Bama isn't going to make it!)
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To: marktwain

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...


8 posted on 10/06/2008 4:40:19 AM PDT by Lloyd227 (and may God bless Oriana Fallaci)
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To: marktwain

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


9 posted on 10/06/2008 4:40:52 AM PDT by Islander7 (The only thing Obama has to fear is the truth!)
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To: marktwain

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


10 posted on 10/06/2008 4:43:15 AM PDT by P8riot (I carry a gun because I can't carry a cop.)
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To: IbJensen

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

ACORN wants to be included.


11 posted on 10/06/2008 4:49:15 AM PDT by wita
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To: Abathar
"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. :-)

12 posted on 10/06/2008 5:15:14 AM PDT by Pablo64 (What is popular is not always right. What is right is not always popular.)
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To: Pablo64

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


13 posted on 10/06/2008 5:36:29 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: Abathar

LOL! Good point.


14 posted on 10/06/2008 5:38:33 AM PDT by Pablo64 (What is popular is not always right. What is right is not always popular.)
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To: marktwain
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.
15 posted on 10/06/2008 5:42:13 AM PDT by mad_as_he$$ (Nemo me impune lacessit)
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To: marktwain

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.


16 posted on 10/06/2008 5:51:15 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: SeaHawkFan
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

17 posted on 10/06/2008 6:36:51 AM PDT by Balding_Eagle (God has blessed the Republicans with stupid political enemies.)
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To: SeaHawkFan
"There are rare times when the ACLU serves a good purpose. This is one of them."
18 posted on 10/06/2008 6:46:34 AM PDT by TXnMA (To anger a conservative: lie about him. To anger a liberal: tell the truth...)
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To: marktwain

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


19 posted on 10/06/2008 8:55:00 AM PDT by NonValueAdded (don't worry, they only want to take water out of the other guy's side of the bucket.)
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To: wita
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.

20 posted on 10/06/2008 9:58:48 AM PDT by IbJensen (Ali Bama isn't going to make it!)
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