The first amendment applies in The City (My The City)
TN court of appeals struck down Murvle’s ban on peaceably assembling with out a license: However, the particular measure at issue in this case fails to pass constitutional muster as it is vague, overly broad and affords too much discretion to the officials charged with issuing permits
That last bit is why it was the law, of course. And this:
The appellate court also took Maryville attorneys to task for arguing the penalty for violating the ordinance — a $50 fine — “is relatively slight (and, therefore) not an undue restriction on speech.”
“There is no economic sliding scale for the right to engage in constitutionally protected activities,” Swiney wrote. “The richest and poorest among us, as well as those individuals in-between, all have the same rights under the constitution.
So, we should get rid of the fees associated with getting a permit to carry a firearm? They won’t repeal that law, the program makes too much money.
June 22nd, 2012 at 11:16 am
Imagine the uproar if “shall not be infringed” was ever declared the whole of the law…..
June 22nd, 2012 at 11:46 am
Shuttlesworth VS Birmingham Alabama 373 US 262: (1962)
If a state/local government converts a right into a privilege and issues a license or fee for it you can ignore the license and fee and engage in the right with impunity, without fear of reprisal.
This is why so many question all of the fees for vehicles when the supreme court has rules that the right to travel includes automobiles, and the constitution states we have the “right” to travel unimpeded. But the gun toting tax collectors do not know this is a right, nor that the constitution and case law are clear, so they continuously violate their oath to the constitution for a paycheck and in doing so are not protectors of the peoples rights, but mere tax collectors for the state, IMHO.
June 22nd, 2012 at 2:52 pm
This decision strikes me as a good place to argue from in regards to the unconstitutionality of the NFA and Hughes Amendment in particular, as well as the entirety of the GCA.