Saturday, July 18, 2020

Honoring John Lewis: Getting Into His Sort Of "Good Trouble" -- Portland Edition, Against Unmarked DHS Agents "Kidnapping" Citizens


Here is the ACLU's memo of law and motion for a TRO; and we understand the local Oregon Attorney General is filing suit as well. [Here's the second amended complaint.]

The local authorities have asked DHS to withdraw its shock troops, travelling in unmarked vans, and not wearing name badges, from Portland, and from Oregon more broadly. Under the long established "no quartering, in peace time" principles, the federal government is bound to obey the wishes of state officials, so long as the same be lawful exercises of police power. And they are.

Here's a bit, but do go read the entire memo of law:

. . . .“The Free Speech Clause exists principally to protect discourse on public matters.” Brown v. Entm’t Merch. Ass’n, 564 U.S. 786, 790 (2011). It reflects “a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wideopen.” New York Times Co. v. Sullivan, 376 U.S. at 270. It is “[p]remised on mistrust of governmental power.” Citizens United v. Fed. Election Comm’n, 558 U.S. 310, 340 (2010). “[I]t furthers the search for truth,” Janus v. Am. Fed’n of State, Cnty., & Mun. Emps., Council 31, 138 S. Ct. 2448, 2464 (2018) (citation omitted), and “ensure[s] that . . . individual citizen[s] can effectively participate in and contribute to our republican system of self-government.” Globe Newspaper Co. v. Superior Court, 457 U.S. 596, 604 (1982). Unless the constitutional rights of journalists are protected, the public’s ability to participate meaningfully as citizens in a constitutional democracy will be severely diminished. . . .


Obviously, Trump is trying to provoke violent confrontations, so he may stage false federal "law and order" mass-arrests, as campaign stunts. Disgusting -- and lawless.

We the people need to rein in his abuses, immediately in the courts -- and more permanently, at the ballot box, in November. For it is clear that McConnell's Senate majority will not stand up for the rights of ordinary people in these matters. Onward -- to much more "good trouble". . . rest in power, now sir. We will carry on.

नमस्ते

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