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Campus Police Detain and Draw Weapons on Student Activist for Wearing Empty Holster
Buckeye Firerams Association ^ | 9 April, 2012 | cbaus

Posted on 04/11/2012 9:53:16 AM PDT by marktwain

Columbus, Ohio – Ohio State University Police detained and drew their weapons on student-activist Mike Newbern for demonstrating his support for gun rights by wearing an empty holster to a candlelight vigil for Trayvon Martin on Wednesday.

Newbern, the president of Buckeyes for Concealed Carry, was taken forcibly into police custody just after 8:30 p.m., while he was standing at the front of the crowd wearing an empty holster, which was clearly visible on his belt, and with his hands crossed in front of his chest.

A police report released on Thursday indicates two officers drew their firearms before approaching Newbern and removing him from the vigil. They searched and questioned Newbern and confiscated his personal belongings, including his empty holster and camera case, before placing him handcuffed in the back of a cruiser for 30 minutes. Newbern was released at 9:07 p.m. but was informed by police that the field investigation would be forwarded to the university’s Committee of Academic Misconduct where he could be charged with disorderly conduct.

Newbern, who is a certified firearms safety instructor, said on Thursday he decided to attend the vigil to exercise his First Amendment right to demonstrate in favor of Ohio’s concealed carry laws. He said he suspects’ campus police and students harassed him because he is the leader of Buckeyes for Concealed Carry, a group Ohio State University President Gordon Gee has publically described as "vigilante."

On Tuesday, for example, President Gee expressed his continued opposition to the right for students to conceal carry on the Ohio State University Campus.

"You and I can debate that all day long and you have clear arguments," Gee said, addressing his remarks to Newbern. "But, I am in charge and we are not going to do it."

"We are very vocal in our struggle and I have become the face of our cause," Newbern said. "By invoking the most violent and most vivid imagery possible, they attempt to paint our progress towards self-defense as anything other than the natural rights that they are. And in this instance, the administration's toxic dialogue ran to its natural conclusion, which could have been prevented through more civil discourse."

EDITOR'S NOTE: Buckeye Firearms Foundation is looking into the situation. We are concerned for officer safety, but also for the civil rights of citizens. Campus security is a concern for many students, and having those who exercise their First Amendment rights on the topic hauled off at gun point will not solve any problems.


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; News/Current Events; US: Ohio
KEYWORDS: academia; banglist; constitution; corruption; donutwatch; firstamendment; gunfreezone; liberalfascism; oh; rapeofliberty; trayvonmartin; waronliberty
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To: marktwain
Dr. Elwood Gordon Gee is a Mormon from Utah and makes $1.6 million/year.

Gordon Gee
51 posted on 04/11/2012 10:57:46 AM PDT by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: marktwain

College campuses have become nothing but havens for pu**ies. Flush ‘em all. They’re utterly useless now.


52 posted on 04/11/2012 10:58:06 AM PDT by RightOnline (I am Andrew Breitbart!)
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To: Respond Code Three
At this point in time, you cannot be certain of that.

Of course I can't be certain of the future, no one can. But if I were offering odds based on overwhelming evidence from previous abuses around the country, I'd say the smart money would bet on their getting away without any personal negative consequences.

53 posted on 04/11/2012 11:00:21 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: from occupied ga
My opinion based on some objective presumpions:

My Presumption not reported: Police were called to act on a report of a man with a gun. Or they saw the holster and presumed a gun was either on the person or near by (fallen out of holster?).

Why do I presume so? I first give the benefit of the doubt for action being taken for most people (not just LEO). Otherwise, I have to believe in a sort of activist conspiracy that drove the officers to act on their own with the intent of “making and example” or “infringing on the rights” of someone to “teach them a lesson.” If this is the case, the police should be arrested.

My opinion is that the officers likely had a reason (maybe not a good or reliable one) to investigate the man with the holster as a violation of the law could be in progress. Detaining the student briefly to make sure he did not break the law would have been in order under the premise he had a gun. Following a quick search and taking a statement from the student that he wore the holster without a gun as a form of protest should have prompted the return of all his belongings and immediate release.

The police were wrong for detaining him any longer than that. Anything more is infringement on the students rights and the LEOs overstepped their authority. The University is wrong for even taking a position against free speech.

I'm confused in the story about the police turning a report over to the university. No crime was committed. What are they reporting to the university and why does the university care. Thus a case for a civil lawsuit is justified in my opinion. I don't think the police involved should be hung or shot without a trial. But they should certainly be investigated.

54 posted on 04/11/2012 11:01:20 AM PDT by Tenacious 1 (With regards to the GOP: I am prodisestablishmentarianistic!)
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To: marktwain

Hmmmm....
I wonder what I would be charged with if they searched me and found:
the empty holster on my hip, my CCW license, and my .380 in my back pocket?


55 posted on 04/11/2012 11:02:15 AM PDT by BO Stinkss
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To: marktwain

It’s a good thing he hadn’t sketched a picture of a gun & put in the holster, then he’d be in BIG trouble.


56 posted on 04/11/2012 11:04:42 AM PDT by nuconvert ( Khomeini promised change too // Hail, Chairman O)
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To: Tenacious 1; All
It is a little difficult to believe that the police were unaware of the "empty holster" protest. It has been well publicized.

Their actions indicate to me that they clearly understand that the University wants these people to be intimidated, that it wants the protests/exercise of free speech suppressed.

At the site, it is reported that the student now faces possible charges of academic misconduct.

That is not the same as actual charges... we need to see what the University does at this point.

57 posted on 04/11/2012 11:17:44 AM PDT by marktwain
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To: Timber Rattler

When a plastic eating knife in a packed lunch violates the school zero tolerance of “weapons” on school grounds, what can one expect will follow?


58 posted on 04/11/2012 11:20:16 AM PDT by Magnum44 (Terrorism is a disease, precise application of superior firepower is the cure)
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To: Durus
You have painted your self into a verbal corner because you do not understand the intricacies of the English language. I will not waste any more time and certainly have no intention of trying to educate you.
59 posted on 04/11/2012 11:25:55 AM PDT by morphing libertarian
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To: marktwain
It is a little difficult to believe that the police were unaware of the "empty holster" protest. It has been well publicized.

Their actions indicate to me that they clearly understand that the University wants these people to be intimidated, that it wants the protests/exercise of free speech suppressed.

If this is the case and the officers knew of the excersise of free speech in this manner before acting, their actions are criminal. It would never stick as a criminal charge because of "reasonable doubt." But it would certainly make for a strong civil lawsuit.

60 posted on 04/11/2012 11:36:49 AM PDT by Tenacious 1 (With regards to the GOP: I am prodisestablishmentarianistic!)
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To: morphing libertarian

They better shoot to kill or I will get them.If I don’t I have backup that will.


61 posted on 04/11/2012 11:41:07 AM PDT by Renegade
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To: Renegade

LOL. You must have one of those new Apple iPhone ammo apps.


62 posted on 04/11/2012 11:46:25 AM PDT by morphing libertarian
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To: morphing libertarian

Droid


63 posted on 04/11/2012 11:49:44 AM PDT by Renegade
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Guns don’t kill people, Holsters do.


64 posted on 04/11/2012 11:50:18 AM PDT by dsrtsage (One half of all people have below average IQ. In the US the number is 54%)
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To: Respond Code Three
None of the officers I worked with who were killed or wounded by gunfire in the line of duty worked for a totalitarian state.

You sound like some of these war heros that show up at FR every now and then and attempt to give more credence to their position by somehow wowing us with fabricated past service.

You have been asked by a longtime FReeper, "How many" were killed or wounded.

Answer the question. How many?

65 posted on 04/11/2012 11:53:36 AM PDT by Zuben Elgenubi
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To: GOYAKLA

http://www.omaha.com/article/20120411/NEWS01/120419922#omaha-officer-shoots-self

Omaha, NE Today... officer shoots self


66 posted on 04/11/2012 11:53:42 AM PDT by NEMDF
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To: Respond Code Three

These petit gestapo need to be held personally financially liable for their misconduct.

What is a “holster”? An empty pouch. Someone being arrested, detained, and charged for an empty pouch, in this country at least for the near future, should have recourse to unlawful arrest.


67 posted on 04/11/2012 11:54:43 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: from occupied ga

That veil of protection needs to be pierced for law enforcement at all levels. Anyone who is authorized by the state to use deadly force against the citizens of this country bear an extra burden of conduct.

Require them to have personal liability/malpractice insurance.
The insurance companies will stop providing coverage for anyone that misuses their position of power and causes a huge loss.


68 posted on 04/11/2012 11:58:02 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter knows whom he's working for)
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To: Tenacious 1; marktwain
If this is the case

Not "IF", it "IS" the case.

I had read about their plans to wear empty holsters here on FR. It has been known for at least a week. The MOVEMENT "Students for Concealed Carry on Campus" has been around for FIVE YEARS.

Students don empty holsters to protest USC rules - April 4, 2012

Students have been wearing empty holsters on campus this week — and not because they misplaced their guns.

Rather, they are taking part in the Empty Holster Protest, a nationwide movement that encourages schools to allow students the right to carry concealed weapons on campus.

The protest was brought to USC by fourth-year criminal justice student Joshua Cohen and third-year criminal justice student Cody Armstrong and has gained most of its support through Facebook and word of mouth.

Students Strap On Empty Holsters to Protest Gun Restrictions on Campus - October 24, 2007

"People who would otherwise be able to defend themselves are left defenseless when on campus," said Ethan Bratt, a graduate student wearing an empty holster this week on the campus of Seattle Pacific University.

A group of 12 students chose to wear empty holsters to class this week at the University of Idaho as part of the nationwide protest.

69 posted on 04/11/2012 11:59:55 AM PDT by UCANSEE2 (Lame and ill-informed post)
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To: Binstence
When officers of the law become soldiers of a totalitarian state they deserve whatever comes their way.

That is exactly right. The police are not your friend.

70 posted on 04/11/2012 12:38:03 PM PDT by thethirddegree
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To: marktwain

drawin a gun on unarmed people who aren’t threatening anyone in a public place for a thoughtcrime... dan. They should sue, they should sue HARD


71 posted on 04/11/2012 12:40:02 PM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: marktwain

The end of freedom will be met with thunderous applause


72 posted on 04/11/2012 12:48:51 PM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: marktwain

Had they hauled off someone in a ‘hoodie’ instead of detaining them for wearing a ‘holster’, I imagine the reaction would be outrage by a different crowd...

Or maybe my representative (ok, not mine, but a decent one) will wear a holster to the floor of the house and speak about the injustice.


73 posted on 04/11/2012 1:08:17 PM PDT by LearnsFromMistakes (Yes, I am happy to see you. But that IS a gun in my pocket.)
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To: marktwain

This just in: Zimmerman will be charged with violating the city noise ordinance by discharging a firearm within city limits!


74 posted on 04/11/2012 1:18:37 PM PDT by 2harddrive
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To: NEMDF

If he had shot himself in the foot would the headline have read, “ cop shoots a dog? He needs more NRA school, starting with Eddie Eagle.
:^}
Thanks for the link!


75 posted on 04/11/2012 1:21:08 PM PDT by GOYAKLA (Recall/ Impeachment Day, November 6, 2012. FUBO)
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To: FreedomPoster

42 USC § 1983 - Civil action for deprivation of rights
http://www.law.cornell.edu/uscode/text/42/1983

Then, concurrently, make the police felons:

18 USC § 241 - Conspiracy against rights
http://www.law.cornell.edu/uscode/text/18/241

18 USC § 242 - Deprivation of rights under color of law
http://www.law.cornell.edu/uscode/text/18/242


76 posted on 04/11/2012 1:28:31 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: morphing libertarian
You have painted your self into a verbal corner because you do not understand the intricacies of the English language.

'Intricacies'? You are clearly suggesting someone with a cellphone in a holster 'deserves' some type of terrible fate at the hands of police. Despite your login name I am not sure you know what 'libertarian' means either.
77 posted on 04/11/2012 1:51:13 PM PDT by TalonDJ
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To: MrB

The police could have handled this better. I would not use the term “Gestapo” though. It doesn’t fit.


78 posted on 04/11/2012 2:32:38 PM PDT by Respond Code Three (Support Free Republic lest we eventually get a Republic which is not free.)
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To: Zuben Elgenubi
"You sound like some of these war heros that show up at FR every now and then and attempt to give more credence to their position by somehow wowing us with fabricated past service."

It is regrettable that I sound like those people. I haven't fabricated anything I have posted.

"Answer the question. How many?"

I will alter my answer slightly then. I have worked with more than one officer who was injured by gunfire in the line of duty. And I have worked with more than one officer who was killed by gunfire in the line of duty.

Simple math will show that I have worked with at least 4 officers who were killed or injured by gunfire in the line of duty.

79 posted on 04/11/2012 2:39:45 PM PDT by Respond Code Three (Support Free Republic lest we eventually get a Republic which is not free.)
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To: thethirddegree
"The police are not your friend."

Regarding the attack on 9/11/2001: "23 officers of the NYPD and 37 Port Authority officers fell in the line of duty."

These officers, who weren't "your friend," died trying to rescue people they didn't know.

http://wiki.answers.com/Q/How_many_police_officers_died_in_the_World_Trade_Center_on_9-11

Also, there have been police officers who have been recalled to active duty who have been killed in Iraq. But they don't count I guess. They weren't anyone's friends either.

80 posted on 04/11/2012 2:48:38 PM PDT by Respond Code Three (Support Free Republic lest we eventually get a Republic which is not free.)
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To: GOYAKLA; marktwain

In John Lott’s book he stated his research showed LEO’s shot the wrong person 12% of the time. CCW holders about 1%...


81 posted on 04/11/2012 4:39:54 PM PDT by El Laton Caliente (NRA Life Member & www.Gunsnet.net Moderator)
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To: muir_redwoods

Post of the day!


82 posted on 04/11/2012 4:48:19 PM PDT by ConservativeMind ("Humane" = "Don't pen up pets or eat meat, but allow infanticide, abortion, and euthanasia.")
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To: MrB

>That veil of protection needs to be pierced for law enforcement at all levels.

Very much agreed; I am currently thinking of tackling the situation in my current state via its own State Constitution. (Which prohibits laws creating another “class of citizen,” I’m currently working on an argument that all the exceptions for “law enforcement” create a de facto second class of citizen: one which is exempt from many laws.)


83 posted on 04/11/2012 4:49:34 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: mwilli20
-- If you think about it he was really detained for a thought crime.


84 posted on 04/11/2012 4:55:33 PM PDT by QT3.14 ( European-American (/sarc))
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To: TalonDJ

Its clear you haven’t been paying attention to police shootings for the last 15 years.

If you want to pull a dark object out of a holster as the police come upon the scene, go ahead and do so. Just don’t ascribe that type of idiocy to the rest of us.

You can either respond to the realities of life or live (or die) in a fantasy world.


85 posted on 04/11/2012 6:03:31 PM PDT by morphing libertarian
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To: marktwain

The proper response would be fifty or more students wearing empty holsters next time.

I used to be unhappy I never had the chance to attended college, now I’m glad.


86 posted on 04/11/2012 6:24:49 PM PDT by Loyal Sedition
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To: marktwain

Citizens with no criminal record should be able, at will, to carry, concealed or open, any firearm they please, hand gun or long gun, anywhere they please without let or hindrance by government authorities.


87 posted on 04/11/2012 7:26:21 PM PDT by W. W. SMITH (Obama is Romney lite)
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To: marktwain; stephenjohnbanker; NFHale; sickoflibs
okay, so the catchall 'disorderly conduct' charge is often used when someone open carries and possibly causes some random citizen to wet their panties...how the hell does an empty holster scare anyone ???

this guy being 'high profile', needs to file civil suits against the individual cops, their dept, as well as the universoty president and any of his admin that supported him for Rights deprivation and RICO too...

until this starts happening, the bullies with badges and ivory tower types will continue to use government guns on the citizenry...

88 posted on 04/11/2012 8:31:59 PM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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To: Bringbackthedraft
Wear a holster? Where is the gun? There lies the problem as a policeman sees it.

or, to follow that logic, *Dont* Wear a holster? Where is the gun? There lies the problem as a policeman sees it.

same difference...

before long, everytime i see a cop gun, im going to consider calling in a man with a gun report...see if barney can find his own ass with both hands...literally...

89 posted on 04/11/2012 8:39:18 PM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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To: Gilbo_3; marktwain; stephenjohnbanker; NFHale; sickoflibs

” this guy being ‘high profile’, needs to file civil suits against the individual cops, their dept, as well as the universoty president and any of his admin that supported him for Rights deprivation and RICO too...”

YES!

These nervous nellies would faint if they went out to a grocery store in AZ. Guns everywhere : )


90 posted on 04/11/2012 8:45:44 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: OneWingedShark

Id like to read it when its done, if thats possible...


91 posted on 04/11/2012 8:56:42 PM PDT by Gilbo_3 (Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
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To: Respond Code Three
Hmmmmm......and where do you live?
92 posted on 04/12/2012 12:06:25 AM PDT by starlifter (Pullum sapit)
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To: Respond Code Three
Upon reflection...let's assume you know/knew police killed or wounded by gunfire in the line of duty. That can include cops who shot themselves or were shot by other cops.

Your post seems to imply then that those who were not killed or wounded by gunfire do in fact support a totalitarian state.

93 posted on 04/12/2012 12:17:58 AM PDT by starlifter (Pullum sapit)
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To: MrB
That veil of protection needs to be pierced for law enforcement at all levels. Anyone who is authorized by the state to use deadly force against the citizens of this country bear an extra burden of conduct.

I agree.

94 posted on 04/12/2012 4:09:37 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: from occupied ga
Take a group, identity, category, professionalism; cherry pick the very worst among them, then apply to all their ilk. Sounds like an Alinsky tactic (i.e. democrat tactic).

I could apply the same tactic towards everyone from Georgia. However, I'm not a bigot.

95 posted on 04/12/2012 4:10:01 AM PDT by Toadman (To piss off a conservative, tell a lie. To piss off a liberal, tell the truth.)
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To: Respond Code Three; Zuben Elgenubi
Simple math will show that I have worked with at least 4 officers who were killed or injured by gunfire in the line of duty

It all hinges on what you mean by "worked with"

Let's assume that you work in one of the most dangerous cities - Baltimore and looking at the number of police killed by gunfire in the the last 20 years we get seven. The Baltimore police department is a bit over three thousand officers and a number of non-sworn employees. You didn't say they were friends, only that you worked with them. So, for example if you worked for the Baltimore PD, and you claimed that you worked with all 3000 then technically speaking you are correct.

However, if by "worked with" you mean on a day to day basis and that they were actually friends, then the numbers become tenuous. Looking at the typical number of friends from SNA (150) and saying that about 1/2 are from work, we get 75 or the odds that you actually knew any one that got killed are 75/3000 or .025. The odds of your being friends with two of them drop to .000625 or 1 in 1600 with three the odds drop to 0.000015625 or 1 in 64,000. You can see why I have a problem with what you said.

96 posted on 04/12/2012 5:08:37 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: Toadman
Take a group, identity, category, professionalism; cherry pick the very worst among them, then apply to all their ilk

Who's cherry picking the worst? News reports of police abuse are common almost reaching the dog bites man status.

97 posted on 04/12/2012 5:11:29 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: morphing libertarian
Its clear you haven’t been paying attention to police shootings for the last 15 years.

Just because some police have been incompetent boobs does not mean that a citizen 'deserves' to get shot for doing something perfectly legal. Are they likely to get shot? Yeah probably. But you did not SAY that. You said they deserve it. That is a whole freaking different thing.
98 posted on 04/12/2012 6:34:37 AM PDT by TalonDJ
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To: TalonDJ

If you pull a dark object out of a holster when the cops are working, you deserve whatever reaction you get. It seems we disagree, but I would be glad to present your eulogy and tell folks you believed you didn’t deserve what happened to you and that you knew some cops were incompetent, but you decided to test the water anyway.

You’re one of those rare people who would rather be right and dead, rather than safe. My sympathies to your family.


99 posted on 04/12/2012 7:55:53 AM PDT by morphing libertarian
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To: from occupied ga; starlifter

Your curiosity about me is kind, however it contributes no useful information to the thread. Bye for now, and I look forward to your contributions on further threads regarding police matters in which I might participate.


100 posted on 04/12/2012 8:31:17 AM PDT by Respond Code Three (Support Free Republic lest we eventually get a Republic which is not free.)
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