Disclaimer: Nothing in this article should be considered as an endorsement of any candidate or is it meant influence the voters choice in an election. Furthermore the opinions expressed herein are those of an individual and may not reflect the official position of any Political Party.
Thanks to both the Right Wing Nuts in the Republican Party and their equally stupid “Comrades” on the Left Side what should have been identified as Constitutionally protected political free speech by a legitimate US Senate Candidate has been turned into another victimless crime against stupid laws.
The Secret “Code” the Arkansas Democrat 04/29/10 Article refers to was intended to keep criminals from using fake lights and other false vehicle markings to make victims out of unsuspecting motorists thinking they were being pulled over by legitimate law enforcement.
For the record I am not an attorney, nor am I qualified to “practice law” or even represent that I can do so. However the law is written in something close to plain English and available on line. Now this is neither official nor necessarily the guiding light but
Arkansas Code Annotated (ACA) 7-6-105. Use of sound equipment — Penalty for interference. Says
(a) When any citizen of Arkansas becomes a candidate in any primary or general election and complies with all the laws pertaining thereto, then the candidate shall be entitled to go into any city, town, municipality, or rural community in Arkansas and operate his or her acoustical or sound equipment between the hours of 8:00 a.m. and 9:00 p.m. notwithstanding any town or city ordinance to the contrary.
(b) Any person who interferes in any manner with the right granted in this section shall be guilty of a Class B misdemeanor.
Just reading that at least seems to say that the Siren on Holt’s Health Care bus IS not only legal but a legitimate use of political free expression between the “reasonable” hours of 8 am and 9 pm. The lights may or may not be in violation of another stupid law. However, they too are legitimate Free Political Expression and ANY law that infringes on that kind of Speech is just as Constitutionally null and void as a law that would interfere with MY right to express an opinion here or Seth’s right to publish his column in the newspaper.
We have more stupid laws than you can shake a stick at. In the usual simplistic fashion some eager beaver do good legislator draftes another law to pile on another crime on top of another stupid law that was added 20 years ago when the 100 year old one failed to … you get the picture.
Both the united States and Arkansas Constitutions protect Free Speech. Quoting the local variant in Article II Declaration of Rights. Paragraph 6.
Liberty of the press and of speech – Libel.
The liberty of the press shall forever remain inviolate. The free communication of thoughts and opinions, is one of the invaluable rights of man; and all persons may freely write and publish their sentiments on all subjects, being responsible for the abuse of such right. In all criminal prosecutions for libel, the truth may be given in evidence to the jury; and, if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party charged shall be acquitted.
Everyone knows the Federal Version and it is a well established fact that when it comes to political activities candidates enjoy more not LESS freedom to express themselves then the journalists who cover the events. Seth Blomeley probably studied that in a long forgotten Jour 101 class. I am sure he remembers the part that protects him as he makes his opinions heard.
And I can forgive him for overlooking the fact that if we allow Gilbert Baker and his trained political operatives in the “Establishment GOP” to use stupid laws to ridicule the efforts of one candidate to make a point or say what MUST be said, “The Health Care Decision in DC (District of Corruption) was another stupid 2 BILLION or so word law with more pork then Cargill.” Then it won’t be far down that slippery slope before either the Facist New Network or Communist News Network use their power to keep the truth from ever being heard.
What I can’t stand is all those “Conservatives” and “Liberals” Elected Ones on either side of the debate who fail to honor their Oaths to uphold and defend the Constitution of BOTH this State and this Nation instead of making stupid new laws to cover up their earlier mistakes that should never have been on the books in the first place.
I don’t agree with Jim Holt on many issues but when it comes to Free Speech and telling the Establishment to stick their unconstitution laws where the sun don’t shine the man is dead on the point.
