Timeline for Do states give local governments the power to ban opposing political groups?
Current License: CC BY-SA 3.0
13 events
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| Jul 25, 2011 at 13:59 | comment | added | Chad | @FlyingSquidwithGoggles - I can challenge your right to consume my air i court. I could even potentially win. But I would not get that air back I would get damages. Potentially you breathed air that caused irreprable damages to me. I do not get fixed, I get money. So effectively these groups will be denied their rights for a certian amount of time. The damages here are incalcuable. But the court will probably overturn the law and assuming the damaged parties go for damages they will get a check, and the lawyers will probably get bigger checks. | |
| Jul 23, 2011 at 3:07 | vote | accept | FlyingSquidwithGoggles | ||
| Jul 22, 2011 at 20:57 | history | edited | Chad | CC BY-SA 3.0 |
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| Jul 22, 2011 at 13:23 | comment | added | Chad | @Oddthinking - TY for the better link. I think the above answer should be more informative. Though If anyone has any link to the actual home rule statute I would appreciate it I was unable to find it or any guidelines for itsimplementation by local municipalities in Arkansas. | |
| Jul 22, 2011 at 13:21 | history | edited | Chad | CC BY-SA 3.0 |
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| Jul 22, 2011 at 2:17 | comment | added | FlyingSquidwithGoggles | Well, the statement subjected to skepticism here is really "states give local governments the power to ban political groups." While the related question of "is this ordinance unconstitutional?" is an interesting one, I would bet that any attempt to enforce the requirement that groups operating within the town have approval will result in a legal challenge, and from that the courts will provide an answer in the future. More to the point - is there any example of a state in the US providing this power to a local government? | |
| Jul 22, 2011 at 1:18 | comment | added | Oddthinking♦ | @Chad, if you want a copy of the ordinance allegedly passed by the council, the Arkansas Times provided a (claimed) copy. | |
| Jul 22, 2011 at 1:15 | comment | added | Oddthinking♦ | @DVK, I agree. This is as good as you can get without an actual formal legal opinion (That would include a law textbook chapter, an article in a law journal or a court ruling, right?)... AND this isn't good enough. We have a higher community standard here for answers than on most forums; that is our strength. | |
| Jul 21, 2011 at 19:22 | comment | added | user5341 | +1. Without a formal legal opinion, this is as good as you can answer this question IMHO. (including Chad's preceding comment) | |
| Jul 21, 2011 at 16:40 | comment | added | Chad | Its a question of the interpretation of the US Constitution. Without a link to the actual law that was passed "banning" the groups it is difficult to find any case law to impeach or support the specific law. The question was asked generally so I answered generally. | |
| Jul 21, 2011 at 15:59 | history | edited | Chad | CC BY-SA 3.0 |
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| Jul 21, 2011 at 15:56 | comment | added | Oddthinking♦ | This is just a feeling/point of controversy. If there aren't any rulings by a court supporting a point of view, or a quote from an explicit law on the subject, isn't this just an opinion? | |
| Jul 21, 2011 at 15:33 | history | answered | Chad | CC BY-SA 3.0 |