ALP, PNN and other podcast stuff • Derrick jumps through fiery hoops • Old DMV grannies conspiracy • Young libertarians. Why we do what we do and why the opposition is wrong • City nanny proposes chalking ordinances • Who owns the commons? • NJ boardwalk mandatory dress code • Ellen and Derrick join • Show notes at: BlackSheepRising.org
Wednesday, June 18th 2014 – 10am – Activists convened at the NH Supreme Court to hear Rich Paul’s attorney argue for an appeal. That means even though Rich Paul lost his original trial, he can ask a higher court to hear arguments to decide if the original ruling was wrongly decided. If they decide to go forward with the appeal, Rich will have a whole new trial. The Supreme Court’s ruling is where laws are challenged and clarified. Whatever they decide has the potential to set future precedent.
Tired of chalking yet? Too bad. The war continues. We break down the madness from every angle • Rebels or Empire? • Keene city budget public hearing • Pumpkin fest lobbyists • What the hell is tax increment financing? • Doom movie review • James and Garret join • Show notes at: BlackSheepRising.org
With this week’s timeslot for the AKPF #1 program hijacked by opposition forces, the Cheshire TV audience is subjected currently to a dissenting video production known as The STOP FREE KEENE!!! Show. Featuring some new content and a variety of older Free Keene and assorted videos with disclaimers and warnings attached, this new show marks new territory for the opposition to Free Keene group and the affiliated co-chapter, Monadnock Community Coalition Corporation.
The case dates back to 2010 where Carla was arrested for recording a traffic stop in Weare (home of notoriously corrupt police who have arrested other activists for the same). Police dropped the charges against Carla before trial, which included a “wiretapping” charge. Carla, with the help of liberty attorney Seth Hipple, sued in federal district court. Her suit alleged the Weare police violated her rights, particularly those ostensibly protected by the 1st amendment to the US constitution. Weare PD motioned the district court for “summary judgement” based on claimed “qualified immunity” protecting the officers from liability. The district court denied them qualified immunity, so Weare’s attorneys filed an “interlocutory appeal” to challenge the district court’s decision.
The 1st Circuit US Court of Appeals is the same court from which the Glik decision emanated. Glik is cited multiple times in the 21-page Gericke decision as evidence that the right to record government workers, especially police, is protected by the 1st amendment. The court’s decision makes it clear that the officers do not have “qualified immunity” because they, were they acting as reasonable officers, should have recognized Carla’s right to record the scene.
The appeals court ruled in Carla’s favor and now the case goes back to federal district court to proceed ahead in civil court, with the officers not protected from liability by “qualified immunity”, a protective shield typically given to bureaucrats supposedly to protect them from personal liability from mistaken decisions. Unless the case is settled by the town of Weare or PD, it will proceed. Stay tuned for the latest.