War Against Federal Tyranny And The Misapplication of Income Tax

We The People, fighting to return America to rule of law under the U.S. Constitution and the Bill of Rights. "...That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government..." --- Declaration of Independence "Tell me when did liberty ever exist when the sword and the purse were given up?" --Patrick Henry

Thursday, August 02, 2007

Hey! Quit kidding yourself! We don't need that silly First Amendment anyway!


The Pagan Parking Case
by Mark Fitzgibbons
Posted: 07/31/2007

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. The ordinance itself is silly, and this case, Pagan v. Fruchey and the Village of Glendale, Ohio, demonstrates how First Amendment jurisprudence has strayed from first principles.

This case is an example of how, even among very bright and conscientious jurists who frequently deal with complex facts and law, First Amendment “standards of review” have sown confusion, resulting in erosion of the Amendment’s protections.

Mr. Pagan wanted to sell his car, but classified ads weren’t working. He could park his car on the street, and he could place a “For Sale” sign in his car, but Glendale law prohibits both acts from occurring simultaneously. Pagan sued arguing that he has the First Amendment right to place the sign in his car, even if parked on a city street.

Pagan lost, but with representation by the Institute for Justice, appealed.

Both the majority and dissenting opinions on appeal address “commercial speech” cases under the First Amendment. Neither opinion quotes the text of the First Amendment itself, but both agree that an “intermediate scrutiny” standard of review governs commercial speech protections under the First Amendment.

That court-created standard isn’t the toughest for the government to overcome, but not the weakest either. It applies to commercial speech that is not misleading about lawful activities, which the courts acknowledge is subject to First Amendment protection.

Under the intermediate scrutiny standard of review, the government has some burden of proof to show that it has a “substantial interest” to regulate speech, that the regulation “directly and materially advances” that interest, and that the law is “narrowly” drawn. That is certainly less than a perfectly objective standard.

The dissenting opinion may startle those who believe that freedom in America still exists.

“The justification for forbidding the placement of for-sale automobiles on the public street,” begins that opinion, “is simply obvious: people may be drawn to stand in the street for nontraffic purposes.”

You may ask, “Why doesn’t the Village of Glendale simply ban ‘standing in the street for nontraffic purposes’ rather than violating the First Amendment?” The dissenting opinion anticipates your query: “Of course, [such a ban] does nothing to eliminate the very enticement that may lead prospective buyers into the roadway in the first place and does nothing to prevent driver distraction.”

That conclusion seems to assume that people in Glendale are so impulsive and careless that a “For Sale” sign in a car will cause dangerous car-ogling and mad dashes into oncoming traffic. The dissent cites some 225 cities in the 6th Circuit alone with similar silly ordinances to support its conclusion that the law is supported by common sense and therefore must be constitutional.

Repeal of such laws would lead to blood and guts all over the 6th Circuit. Oh, the horror!

The majority opinion, though, says that the government, even though it has a relatively weak burden of proof, offered no proof whatsoever that the law actually serves a “substantial” government interest. In other words, the government must prove its law is targeted at some harm, and not just speech itself.

Even Mr. Pagan did not dispute that the government has an interest in protecting public safety and city aesthetics. But because the government offered no proof that its law related to potential harms such as “standing in the street for nontraffic purposes,” the majority opinion said the purported government interests were speculative.

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.

The opinion sent the case back to the federal trial judge so that the government could try to meet its meager evidentiary standard.

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.

Mr. Fitzgibbons is President of Corporate and Legal Affairs at American Target Advertising, Inc. in Manassas, VA. and a First Amendment lawyer specializing in grassroots law.

Twin Cities Freeway Bridge Collapses - No Evidence of Terrorism - DHS Stay Away!

A bridge on a major freeway spanning the Mississippi River in Minneapolis collapsed yesterday evening at about 6:05PM during rush hour traffic. Many cars and trucks were involved and several landing in the river as they traveled through a construction zone on the bridge at around 10mph.

Contractors for the state were in the midst of repairing the bridge deck on the 40 year old, 1900 foot long bridge but officials have said that, though too early to be absolutely sure, the deck work should not have affected the structure of the bridge nor led to its collapse.

Witnesses stated that the bridge, 64 feet over the surface of the Mississippi River started to shake, make loud thunderous sounds and then suddenly started to collapse and fall into the river.

As can be imagined there were scores injured and a few known deaths after this incident. The total injury and fatality list is not yet available but officials have said that as of last night, their efforts had turned from rescue to recovery. Many are presumed to have drowned and perhaps never got out of their cars after they fell into the river.

It is also believed that there was no terrorist activities involved in this tragedy but rather a worn, weakened steel super structure that didn't get repaired soon enough. Previous inspection reports show that there was evidence of stress cracks and fatigue within the structure.

U.S. Senator Norm Coleman said this morning in an interview that the federal government will provide $5 million immediately and $100 million over the next 90 days. After which additional needed funds will be provided at a 90% 10% ratio.

With all this in mind, I believe the Dept of Homeland Security can take a sigh of relief and go back to doing what they do best -- er, um, border security? This case has all the makings of a bridge structure left unattended a little too long and not an act of terrorism.

May God bless the victims and give comfort to their loved ones in this time of tragedy.

Sunday, July 29, 2007

The CFR, the North American Union and the 2008 Presidential Candidates

The video below is less than ten minutes and well worth your patience and attention to the message. After watching it, if you don't believe any of it? Research it for yourself. Most of you are well intentioned and will do the right things when the facts are unveiled for you to see. And as such ----

maybe you are already among those who are busy, who are expending a ton of energy, money and resources to do what they can to make things right; spreading the word - the truth. To those, I am simply preaching to the choir and I apologize to them for this entreaty!

However, maybe you are still lost and caught up in shortsighted, seemingly petty views like arguing democrat/republican, conservative/liberal, white/black, semitic/anti-semitic, Christian/Muslim, gay/straight, property rights/endangered species or green space, etc. Some of these are engineered schemes and encouraged diversions designed by your true enemies to keep you from seeing/watching what is really happening to all of us as you immerse yourself, your thoughts, beliefs and energies into one or more of the above. Thus, you have fallen right into the traps set by the CFR, TC, et al, powerful sleight of hand and persuasion by human emotion. I encourage you to table those beliefs for now and take a look deep into the core of our political governance.

For you, my hope is, you will watch this short video, you will do some additional research, see the truth and the light bulb will go on. However, if after this revealing expose you aren't stimulated to take a better look at things as they really are, and hopefully take massive action and do your part to stop this worldwide train wreck, it's time to ask yourself: When will you be awakened and ready, willing to help? What nudge, what life event, what "terror" event or experience is it going to take? In fact, are you going to stand up, speak up and work for freedom? Or continue saying little except that which will keep you mired in petty arguments about others viewpoints and beliefs, entrapped in a slavery you don't quite believe or don't want to deal with yet, but which will surely bring you on your knees? (Some of you may think that you will never allow yourself to be a slave and brought to your knees; that you will fight back in armed conflict as did our founders. That is a worthy stance but I don't believe it will be necessary. IF we wake up NOW, we can bring about change and stop this scourge of greed and need-to-control by the power elite without shedding blood. There are other ways to render them powerless. If not and I am wrong, we will still have that option available as there are approximately 200 million privately held arms in the hands of about 100 million American Citizens.)

Oh yes, this is THAT serious and time is THAT short! The Real ID (national ID complete with biometric ID and radio frequency chip) to be implemented by May of 2008, The North American Union complete with an Amero - the new currency - all by 2010 and the NAFTA Super Highway to follow after that. Despite the denials by those in government, America as we know it is about become borderless; to emerge as nothing more than the central section of a North American Union under a vaguely defined, but increasingly more powerful, tyrannical control. A slave plantation at its best.

Of course for now, it's still your choice. You can research, learn and act now while you are still able to do so. And, of course, you can still choose to do nothing, go back to the TV or video game, making excuses, wallowing in the nightly "news" spewed by the talking heads and believing their propaganda and filtered reporting only to regret it all later -- as a total slave.

I pray that you, that all Americans, make a decision to work to preserve freedom, individual sovereignty, a free America. That you get committed to it, get busy, stay busy and show up when the work begins. And that beginning is NOW -- TODAY!