Good for the Three Affiliated Tribes, for showing better common sense than has been displayed on American soil regarding these nuts.
N.D. Tribe Barring Church Protesters
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Notice the tribal leaders recognize that individuals do have the right to freedom of speech, but they also realize that a local government has the right to bar certain people from stepping foot on their land. Just because freedom of speech is allowed does not mean a town must allow any and all fools in.
Basically I feel a town or state has the right to bar people they know could cause civil unrest. I feel this does not violate the 14th Amendment, because a legislature is reviewing and baring a specific person or persons based on their actions. We all know the 14th Amendment was instituted for issues not related to groups like the Phelps. The equal protection clause was instituted to protect Blacks. Because being born in a certain skin is not an action on the part of the individual. So they are protected and allowed to simply exists where they choose. We also know that even after the 14th Amendment became part of our Constitution, in the late 1800’s anyone trying to do what the Phelps do would have never gotten away with it. The actions of the Phelps in my opinion are not protected from a local government baring them. Baning specific individuals or groups removes any arguments about the first Amendment, because it does not involve baning certain words, but certain individuals.
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December 3rd, 2006 at 12:25 pm
Great post man and your summary is perfectly logical in its conclusion.