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I think you are indeed missing the point. Of course you can invoke a constitutional right as grounds for breaking a law. If Constitutional rights didn't trump l
by throwaway76543 10y ago
I think you are indeed missing the point. Of course you can invoke a constitutional right as grounds for breaking a law. If Constitutional rights didn't trump laws they wouldn't be good for much of anything, would they? That is literally their entire purpose: To be invoked as justification for violating unconstitutional law.
The salient question is whether this is a matter of restraint on speech or simply a matter of prosecuting her behavior independent of any related speech. There's a much longer discussion (or court case) to be had on this point.
But as to the question of whether you can invoke a constitutional right to justify breaking the law? Absolutely, no question about it. Yes.
- GunboatDiplomat 10y agoUh... no you can't. The first amendment does not protect you from trespassing charges. The second doesn't protect you from bringing a gun into a court room. And so on.
- throwaway76543 10y agoThe first amendment absolutely can protect from a charge of trespassing, or from any other charge. We don't know if it will in this particular scenario, but speaking categorically? Yes, it can absolutely. A recent high profile example of trespass law clashing with the first amendment would be free speech zones. The Constitution constrains the construction and application of all laws. Every single one.
- GunboatDiplomat 10y agoNo, it cannot. Trespass is illegal. Trespassing because you want to speak on the property is still illegal.
- thyrsus 10y agoA quick search for "free speech zone court case" only found cases effectively upholding trespass law over free speech. To what court case or law are you referring?
- throwaway76543 10y agoSome starting points here: https://en.wikipedia.org/wiki/Free_speech_zone#Notable_incidents_and_court_proceedings https://en.wikipedia.org/wiki/Free_speech_zone#Notable_incid... First amendment entanglements with trespass generally occur on public land where some local authority has prohibited some sort of activity involving speech. There usually aren't first amendment issues to be raised with trespass of private property, as rights are relevant with respect to government authority.
- BurningFrog 10y agoYou can invoke a constitutional right to claim a law is unconstitutional. If the courts agree, the law is effectively nullified. For individuals breaking constitutional laws, this is irrelevant.
- throwaway76543 10y agoLaws themselves aren't inherently Constitutional. It's their application vis a vis a particular scenario which must withstand scrutiny. In this case, the question is whether a charge of "rioting" or "trespassing" or whichever charge is currently in play withstands this scrutiny. Generally, application of these laws pass Constitutional muster. On occasion, they do not.