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This Is Enough To Make Your Brain Hurt …
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Traveler
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Post subject: This Is Enough To Make Your Brain Hurt … Posted: Tue Sep 28, 2010 2:10 pm |
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Longtime Regular |
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Joined: Thu Aug 25, 2005 1:46 pm Posts: 845 Location: Saint Paul
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… but I guess it helps us some how. Who knows? http://minnesota.publicradio.org/display/web/2010/09/28/law-struck-down-on-free-speech-grounds/?refid=0Quote: Court strikes down MN law on free speech grounds
September 28, 2010
St. Paul, Minn. (AP) — The Minnesota Court of Appeals has struck down a state law against making false statements that allege police misconduct.
In a ruling Tuesday, an appeals panel says the law is unconstitutional on free speech grounds. It says that's because the statute "criminalizes knowingly making false statements that allege police misconduct, but not knowingly making false statements to absolve police." Ah, huh??? I'll just bet that if you are ever arrested, and claim falsely that the arresting officer beat the snot out of you on the ride to the station, the brown shirts WILL charge you with something — and it will most likely stick. You have to click the link to see the rest of the story. No, I am not Paul Harvey, I'm just erring on the side of caution, so off to the MPR web page with you and be educated and enlightened.
_________________ "To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical." - Thomas Jefferson
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joelr
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Post subject: Re: This Is Enough To Make Your Brain Hurt … Posted: Wed Sep 29, 2010 8:17 am |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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As much against false reports as I am, this is a good decision; a classic form of retribution is to charge the whistleblower/complainant with making a false charge, the idea being that they may beat the bogus accusation, but not the ride.
The delicate flowers can, if they feel that the complaint is unfounded, just suck it up. SLTF.
_________________ Just a guy.
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akodo
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Post subject: Re: This Is Enough To Make Your Brain Hurt … Posted: Wed Sep 29, 2010 3:06 pm |
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Joined: Fri Jul 04, 2008 8:41 pm Posts: 46
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my understanding is that the problem is the law only criminalizes certain false reports, not ALL false reports.
For instance, if you are a witness called upon in a police misconduct case making false statements to HIDE police misconduct is legal....but making false statements to bolster the misconduct case is illegal.
ALL false statements (for or against) should be treated the same. Once you bring in the nature of the statement rather than it's falsehood/truthfulness, you breach the first amendment.
A law that criminalizes false statements in an official report without worrying about the nature of that statement would be legal.
I am personally upset that a law was crafted that actually PROTECTS people that lie to hide police misconduct.
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johngagemn
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Post subject: Re: This Is Enough To Make Your Brain Hurt … Posted: Thu Sep 30, 2010 7:43 pm |
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Journeyman Member |
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Joined: Thu Aug 11, 2005 9:28 am Posts: 84 Location: Hoodbury, MN aka: The Wood
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akodo wrote: my understanding is that the problem is the law only criminalizes certain false reports, not ALL false reports.
For instance, if you are a witness called upon in a police misconduct case making false statements to HIDE police misconduct is legal....but making false statements to bolster the misconduct case is illegal.
ALL false statements (for or against) should be treated the same. Once you bring in the nature of the statement rather than it's falsehood/truthfulness, you breach the first amendment.
A law that criminalizes false statements in an official report without worrying about the nature of that statement would be legal.
I am personally upset that a law was crafted that actually PROTECTS people that lie to hide police misconduct. Upset, but not surprised...
_________________ Charter Member, Red Knights MC - MN 4
"Loyal To Our Duty"
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