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Posted: 3/14/2021 2:38:31 PM EDT
https://www.kentucky.com/news/politics-government/article249876428.html
"... SB 211 would criminalize the verbal insulting of an officer to the point where it provokes a violent response..." Yeah, like this won't be abused... 
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Posted: 3/14/2021 4:23:48 PM EDT
[#1]
Quoted: https://www.kentucky.com/news/politics-government/article249876428.html "... SB 211 would criminalize the verbal insulting of an officer to the point where it provokes a violent response..." Yeah, like this won't be abused... At this time, Senate Bill 211 has only passed the Senate. It's primary sponsor is Danny Carroll, an ex Ky. State Trooper. It now goes to the House of Representatives and must find a House sponsor, be posted to a committee, be scheduled for a committee hearing, undergo a committee hearing, be sent to the full House, opened for discussion and finally voted on. Then, if passed, it would likely be vetoed by the Governor and could not become law without an override vote. Monday is day 27 of this 30-day session. I doubt that this bill will make that passage without some serious amendments. The OP describes only four lines of a 34-page bill. I don't like those 4 lines very much but there is some very good stuff in this bill. It could seriously put a damper on riots like have occurred in Louisville. I suggest everyone read the bill before making a judgment, which is always a good idea. Sadly, many of our legislators fail to do that. https://apps.legislature.ky.gov/recorddocuments/bill/21RS/sb211/bill.pdf Below is a list of the State Senators that voted for SB 211: Alvarado Girdler Mills Thayer Buford Givens Nemes West Carpenter Hornback Schickel Wheeler Carroll Howell Smith Wilson Castlen McDaniel Stivers Wise Embry Meredith These voted "NO": Berg Raque Adams Storm Webb McGarvey Schroder Thomas Westerfield Neal Southworth Turner Five Senators did not vote. |
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Posted: 3/15/2021 8:30:33 PM EDT
[#2]
Softpoint, thank you for actually being one of the ones that work with/ against this type of thing. I apologize for the "alarmist" approach with the title, as I wasn't exactly sure how to get folks to read this, think it through, and, hopefully contact those that can help with it.
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Posted: 3/16/2021 5:17:20 PM EDT
[#3]
I have done a little reading on the subject of "Fighting Words" over the last day and night. There is plenty of reading material available. It seems this all started when the US Supreme Court upheld a New Hampshire statute that provided: "No person shall address any offensive, derisive or annoying word to any other person who is lawfully in any street or other public place, nor call him by any offensive or derisive name. ..."
A man named Chaplinski, in 1942, said to a Rochester, New Hampshire City Marshall ", "You are a God damned racketeer" and "a damned Fascist and the whole government of Rochester are Fascists or agents of Fascists."" Now doesn't this sound like something that a BLM peaceful protester might say to a LMPD officer. So, it seems that we have no problem with SB 211. It fits right into what the US Supreme Court has ruled, right? Not really. It seems that the SCOTUS has backed away from that ruling and has not ruled that way again since 1942. In fact, it has overturned every conviction for any restriction of free speech and ruled the laws to be unconstitutional in every case since Chaplinski, and there have been many of them. The court has placed so many limits on how a person must act for the Chaplinski ruling to apply that it is almost impossible for a person to act that way. The courts say that a sworn peace officer cannot be enticed to a breach of the peace because it is his job to keep the peace and he has been specifically trained not to breach it. I'd say that SB 211 could become a great way for BLM and their friends to obtain another big settlement from Louisville Metro. If you'd like to read more about this subject. Here are two articles that might help you understand the twisted logic used to get us to this point. After 100's and 100's of pages it all boils down to, Free Speech means Free Speech. https://via.library.depaul.edu/cgi/viewcontent.cgi?article=2867&context=law-review https://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=2423&context=law_lawreview |
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Posted: 3/16/2021 10:04:25 PM EDT
[#4]
*shakes head* thanks for the much better break down on this mess, softpoint. My head hurts (like most folks, i'd bet) from trying to keep straight what is being said with the "flowery" legalese.
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Posted: 3/17/2021 9:33:12 PM EDT
[#5]
According to attorney Chris Wiest the House hasn't passed the bill and they are out of time to get it through this session. He's the attorney who has sued the governor half a dozen times already.
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Posted: 3/17/2021 10:41:38 PM EDT
[#6]
Never assigned to a committee and never given a reading. Good riddance. General Assembly has been adjourned until Monday, March 29. Sine die on Tuesday, March 30.
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