Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

alp227

(32,025 posts)
Thu Dec 5, 2013, 02:04 AM Dec 2013

Supreme Court justices say military-base protester’s case isn’t about free speech

Source: Washington Post

John Dennis Apel, an antiwar protester arrested on a California military base for demonstrating in a spot set aside for public protests, thought he had a pretty good free-speech case for the Supreme Court on Wednesday.

Most of the justices think otherwise — at least for now.

Members of the court repeatedly shut down Apel attorney Erwin Chemerinsky when he tried to raise Apel’s constitutional rights as part of the court’s consideration of a federal law that allows commanders to bar a person from a military base.

“You keep sliding into the First Amendment issue, which is not the issue” on which the court accepted the case, Justice Antonin Scalia said. “We’re only interested in whether the statute applies.”

Read more: http://www.washingtonpost.com/politics/supreme-court-justices-say-military-base-protesters-case-isnt-about-free-speech/2013/12/04/7f35a524-5d21-11e3-be07-006c776266ed_story.html

9 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Supreme Court justices say military-base protester’s case isn’t about free speech (Original Post) alp227 Dec 2013 OP
This from a guy who thinks writting a check is "Free Speech". Spitfire of ATJ Dec 2013 #1
Writing check$ IS free speech! nikto Dec 2013 #3
But only if you are rich and powerful warrant46 Dec 2013 #5
This message was self-deleted by its author delrem Dec 2013 #2
But you can be sure rpannier Dec 2013 #4
Sure as hell... Volaris Dec 2013 #6
The case is not about free speech. former9thward Dec 2013 #7
Thanks for this clear assertion, former9th. elleng Dec 2013 #9
Antonin Scalia does not deserve the term "Justice" applied to his name. Enthusiast Dec 2013 #8
 

nikto

(3,284 posts)
3. Writing check$ IS free speech!
Thu Dec 5, 2013, 04:13 AM
Dec 2013

Speaking openly about controversial topics or demonstrating disagreement on
major issues is not free speech.

At least, not anymore.

That's just the way it is now.

Don't forget, this is America.

Response to alp227 (Original post)

rpannier

(24,329 posts)
4. But you can be sure
Thu Dec 5, 2013, 05:51 AM
Dec 2013

If it was about protesting abortions on military bases or greater access for religious groups on military bases it would be a First Amendment issue Freedom of Religion

former9thward

(32,006 posts)
7. The case is not about free speech.
Thu Dec 5, 2013, 09:50 AM
Dec 2013

That is pretty clear at the link. The case is about what authority a base commander has been given by a federal law. The military has been pretty tolerant of this guy given he vandalized an entrance sign to the base and they didn't even arrest him for that.

elleng

(130,907 posts)
9. Thanks for this clear assertion, former9th.
Thu Dec 5, 2013, 12:42 PM
Dec 2013

Many here (and elsewhere) view S.Ct. matters as purely political, when they rarely are such.

Enthusiast

(50,983 posts)
8. Antonin Scalia does not deserve the term "Justice" applied to his name.
Thu Dec 5, 2013, 11:31 AM
Dec 2013

That is a fact that I'm just sayin'.

Latest Discussions»Latest Breaking News»Supreme Court justices sa...