Friday, August 03, 2007

Recommended Reading 8

First Amendment ‘for Sale’ - HUMAN EVENTS


"Does protecting the right to put a “For Sale” sign in your own car “cheapen the grandeur of the First Amendment?” Seven dissenting federal judges think so.

The 6th Circuit Court of Appeals split 8 to 7 in a case about a city ordinance that makes it unlawful to place a “For Sale” sign in a car if the car is parked on a city street...."

"...It is certainly less speculative that banning private “For Sale” signs in cars on streets, where such signs may be more visible, helps local car dealerships and newspaper classified sales. As with much regulation of speech, there is usually a political or financial motive that certainly is just as, if not more, credible than the justifications offered by the government...." (emphasis mine)

"...The Pagan case does not stray from precedent. It is, however, noteworthy because it tells the government that it must do more than merely claim it has a substantial interest in regulating conduct when the regulation abridges a First Amendment right. Unfortunately, that has not always been the case in First Amendment decisions.

Judicial activism is a problem because judges act assuming they have more power than legislatures, which supposedly reflect the popular will. The sound doctrine of stare decisis, which is standing by precedent, can also be a problem if judges find the judiciary more authoritative than the Constitution itself. Perhaps some judges protect the “grandeur” of the judiciary more than the First Amendment."

No comments: