Friday, June 22, 2012

I that is so then.....

A Tennessee court has struck down an ordinance making street preachers apply for permits and fining them if they do not have such permit.

From the KNS article...

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."

I won't disagree with that one. Of course that sets to mind another constitutional freedom. The second amendment. The right to own and carry a gun. How is a fee to get a permit for that freedom acceptable? And if you don't have a permit for that freedom then how is a fine for not having it acceptable?

Last I knew there is no economic sliding scale for the right to engage in constitutionally protected activities, the richest and poorest among us, as well as those individuals in-between, all have the same rights under the constitution.

Several Tennessee legislators have tried to get the fees involved with getting a HCP removed only to run into a wall because of the lost state revenue (fiscal note) for the bill. It seems at least one court might have an open ear on the issue. Some pro second amendment citizen from that area might want to see if they could make a state law be struck down in the same way.








2 comments:

  1. Why make good people waste their hard earned money and time? The legislature should do the right thing and stop making excuses.

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  2. Great point Stacey. It seems the lawyers in the legislature would now have their beloved precedence to repeal the unconstitutional carry permit - and maybe get around to explaining how regulating the "wearing" of arms is equal to regulating "bearing" them - all the while not infringing on keeping and bearing... Of course we will have to get an "opinion" from Bob on this and that would likely be the end of it.

    There is no such thing as risk-free liberty.

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