[clue-talk] The War On...?

[Jed S. Baer]

On Wed, 29 Dec 2004 13:56:50 -0700
Don Collier wrote:

> Jed S. Baer wrote:
> 
> >On Wed, 29 Dec 2004 10:55:30 -0700
> >Don Collier wrote:
> >
> >>My feeling on this is that it was his 
> >>choice.  He knew that he was breaking the law and he make a choice to 
> >>continue with that behavior.
> >
> >As was Rosa Parks.
> >
> >The degree to which you think that's an apt analogy depends upon your
> >opinion re. intellectual property and how valid the laws are, I
> >suppose. And I'm not claiming that he made such a considered decision
> >-- likely not. But the point remains. I ought to spend some time
> >looking this up, but I'm not going to this morning -- perhaps later.
> >But I recall seeing well-written legal opinions or statements as to the
> >"duty" of the citizen to obey unjust law.
>
> In my opinion, every American has a duty to obey the law now matter how 
> unjust that we feel it is.  There are ways to make your voice heard 
> other than breaking the law.  We cant pick and choose which laws that we
> wish to obey.
> 
> When you find those documents I would be interested in reading them.

One of them I was thinking of, in particular, was
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=394&invol=147
-- SHUTTLESWORTH v. BIRMINGHAM, 394 U.S. 147 (1969).

[quote]
Held:

      1. A law subjecting the right of free expression in publicly owned
places to the prior restraint of a license, without narrow, objective, and
definite standards is unconstitutional, and a person faced with such a law
may ignore it and exercise his First Amendment rights. Pp. 150-151.
[/quote]

Which I got from Michael Gaddy:
http://www.sierratimes.com/04/11/28/gaddy.htm

Another I'm thinking of is worded along the lines of "a law which is
unconstitutional is so from the moment it is passed, and doesn't need to
wait for the court to declare it invalid". Striking out so far in finding,
it though.

jed
-- 
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