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	<title>Comments on: 0114 Free Minds TV June 12, 2009</title>
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	<description>Peaceful Evolution</description>
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		<title>By: Curt Springer</title>
		<link>http://freekeene.com/2009/06/12/0114-free-minds-tv-june-12-2009/comment-page-1/#comment-80033</link>
		<dc:creator>Curt Springer</dc:creator>
		<pubDate>Fri, 12 Jun 2009 23:44:30 +0000</pubDate>
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		<description>While I&#039;m not convinced of the correctness of Sam&#039;s positions regarding absolute constitutional rights or limitations of judicial power in the lobby, he is absolutely right that the police have been irresponsibly pressing charges first and looking up the actual RSAs later.   
 
To echo what AnAmazedReader wrote in another thread, the police and courts have been clumsy in their handling of the FSP members&#039; events, treating them as far bigger threats to public order or safety than they could possibly be.  Since the FSP member actions are quite different from the daily criminal activities that the police deal with, there is not much precedent or experience in which laws, if any, apply.  The police and courts really need to consider what charges are supported by law before they start writing summonses or hauling people away. 
 
Sam&#039;s case, perhaps with appeals to the NH Supreme Court, should bring some clarity as to the authority of judges outside the courtroom and the ability (or not) of the police to enforce court rules.   
 
I also hope that the &quot;disorderly 6&quot; will mount effective defenses and force the prosecution to show how the statute on &quot;disorderly conduct&quot; applies to their remaining on the scene after Sam was taken into custody.  It would be ludicrous for them to be found guilty of disorderly conduct when the charge against Sam was dropped. </description>
		<content:encoded><![CDATA[<p>While I&#039;m not convinced of the correctness of Sam&#039;s positions regarding absolute constitutional rights or limitations of judicial power in the lobby, he is absolutely right that the police have been irresponsibly pressing charges first and looking up the actual RSAs later.  </p>
<p>To echo what AnAmazedReader wrote in another thread, the police and courts have been clumsy in their handling of the FSP members&#039; events, treating them as far bigger threats to public order or safety than they could possibly be.  Since the FSP member actions are quite different from the daily criminal activities that the police deal with, there is not much precedent or experience in which laws, if any, apply.  The police and courts really need to consider what charges are supported by law before they start writing summonses or hauling people away.</p>
<p>Sam&#039;s case, perhaps with appeals to the NH Supreme Court, should bring some clarity as to the authority of judges outside the courtroom and the ability (or not) of the police to enforce court rules.  </p>
<p>I also hope that the &quot;disorderly 6&quot; will mount effective defenses and force the prosecution to show how the statute on &quot;disorderly conduct&quot; applies to their remaining on the scene after Sam was taken into custody.  It would be ludicrous for them to be found guilty of disorderly conduct when the charge against Sam was dropped.</p>
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