Florida joins other states to ban protesting outside someone's home
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Florida has joined several states that have anti-targetted protest laws, that make it illegal to have targetted protests outside of a person(s')'s home.
In 1988, SCOTUS upheld Wisconsin's law banning such protests.
The SCOTUS ruling stated that a march past a person's home could NOT be banned due to the 1st Amendment, but that static protests outside of a person's home can be banned.
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Interesting - the 1988 SCOTUS was a rather LIBERAL court... I wonder if the more Conservative court of 2022 would find the same.
I'm betting this goes back to SCOTUS eventually.
However, this one might not, because it may very well be a violation of the Florida Constitution (vs. the US Constitution).
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@bi4smooth there's already a law that forbids protesting outside of judges' homes. If the new law violates the US Constitution, then so does the old one. I wonder...
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@Kekkaishi said in Florida joins other states to ban protesting outside someone's home:
@bi4smooth there's already a law that forbids protesting outside of judges' homes. If the new law violates the US Constitution, then so does the old one. I wonder...
I think you miss my point - which is that the rules really ARE different when you're talking about Gov't officials... and JUST HOW DIFFERENT has changed over the years (even the decades/centuries)... and it will CONTINUE to evolve.
The FOUNDERS of this country DID NOT WANT special privileges for the people who served in Gov't... quite the opposite. So, I'd be curious to see if the "fundamentalist" and "originalist" justices of today would feel the same as the liberal "modernist" justices of the 1980s...
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Illinois and several other states have bans on protesting funerals (thanks to Westborough Church).
I can't remember all the details (for Illinois), but the gist is that 30 minutes prior to 30 minutes after a funeral, there is a 150 feet threshold (I think, but it's the same for abortion clinic entrances) away from the church, funeral route and gravesite for written and/or spoke "fighting works" harassment, etc.
SCOTUS rejected the case, letting a lower court ruling stand that sided with Illinois.
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@raphjd said in Florida joins other states to ban protesting outside someone's home:
Illinois and several other states have bans on protesting funerals (thanks to Westborough Church).
I can't remember all the details (for Illinois), but the gist is that 30 minutes prior to 30 minutes after a funeral, there is a 150 feet threshold (I think, but it's the same for abortion clinic entrances) away from the church, funeral route and gravesite for written and/or spoke "fighting works" harassment, etc.
SCOTUS rejected the case, letting a lower court ruling stand that sided with Illinois.
Don't conflate my curiosity as to how the current court would rule NOW with a belief that the 1st amendment rights are unburdened by limits! I don't believe that at all!
My point is that the line of where you CAN and CANNOT impose YOUR 1st amendment rights onto others changes over time, and especially with different ideologies... and where we are TODAY is a FAR CRY from what the founders imagined!
But that is the BEAUTY of our Government: The founders did NOT have the HUBRIS of today's Trumpites: they didn't believe they had all the answers, nor even that the answers they HAD at the time were RIGHT!
- We don't select Senators they way they did
- We limit how many terms a President can serve - unlike them (many of whom wanted Washington to be King!)
- We allow non-land-owners to vote!
and the list could go on and on...
Where we go from here, I can't say - but I CAN say that it won't stay put! It'll continue to change, and we'll continue to learn the old-fashioned way: by our mistakes!
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