Jophiel wrote:
gbaji wrote:
So something that was legal for 70 plus years now suddenly violated the 1st amendment of the constitution?
No, something was violating the First Amendment got called out after 70 years.
No. Something which no one ever considered to be a violation of the first amendment
from the beginning of our nations history is now considered one because the interpretation of the law has changed over the last 50 years or so.
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Illinois hasn't allowed concealed carry in decades. Recently, a judge ruled that had to change based on Amendment #2. So suddenly something that was legal for 70 plus years now suddenly violates the Second Amendment?
No. From the
beginning of our nations history the carrying of firearms for personal defense was allowed. Until the last 50 years or so when some states began passing laws which violated the 2nd amendment. In this case it took 50 years to get a case to the Supreme Court to demonstrably declare the Illinois law unconstitutional.
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Preposterous, right? Attack on someone-or-another? Must be if some activist judge changed it now...
Two major differences:
1. The crosses were not erected by legal requirement. There was no law passed which placed them where they were. The Illinois law is, well, a law. It changed a condition which was legal (carrying firearms) to one that was illegal. So not directly comparable situations.
2. The Illinois law was a violation of the 2nd amendment the day it was passed. The placement of crosses on public land was not a violation of the 1st amendment at any point in our nations history until the relatively recent change in interpretation. How .long a particular cross was in a particular location is not the issue.
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I also see a church a mere couple hundred feet away offered to host the eyesore and the ACLU was completely fine with this.
It was determined that there was no way to move the cross without destroying it completely. That's also an irrelevant argument. We should not make decisions about infringement of rights based on how easily someone can work around the infringement. So it's ok to deny someone the right to speak in public if their own property is within a short distance and they could speak there if they wanted? Not your best argument Joph.
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And the San Diego city council appears to have terribly mismanaged the entire fiasco.
Several mistakes were made, but also several incredibly bad rulings. They took the obvious course. They sold the land to a private party. Apparently, selling public land isn't allowed if there's a religious symbol on it either. One kinda has to conclude that the whole claim that this is just about public funds used to display religious symbols is a front for really just wanting to eliminate any religious symbols from locations where anyone might see them. I mean, the city
twice attempted to sell the land and twice the sale itself was ruled illegal. Think about that.
While I'm hardly running around lighting my hair on fire over this issue, you really do have to kinda have your head in the sand to not see that this is an organized effort (a "movement" even) with the specific intent to eliminate to the greatest degree possible any exposure anyone might have to religion in any form. Public land is the first step, but I have serious doubts that this movement will stop there. I don't find it hard to imagine at all that once such things are banned "on" public property, they'll be banned "within plain view of" public property. Why not? I mean, churches can have their crosses on the inside of the church and not force their symbols on any random person walking by on a public street, right? I ought to have a right to walk down the street without being assailed by such things!
Not hard to imagine at all. Because the movement isn't really about the first amendment. It just uses the first amendment to achieve its goals. Failing to see that is a huge mistake.
Edited, Dec 12th 2012 6:01pm by gbaji