Friday, January 8, 2010

No Right Turn: Absolutely ignores intent.

No Right Turn: Absolutely outrageous

Idiot/Savant paraphrases what Rocky has to say when he says this;

"So the message seems to be that you are free to speak, but only if no-one can hear you. This is as outrageous as it is ridiculous. Again, the law as interpreted by the Supreme Court sets a very high bar on the level of disruption which must be tolerated in public space. And merely making noise to send a message that people do not want to hear does not cut it."


But there is a question Idiot/Savant probably won't answer. If expecting to be arrested which John Minto did ( as evidenced by his comment here at the standard ) then arguably in the context of ‘Disturbing the peace’ expecting to be arrested provides the guilty mind. Doing the action that (rightfully or wrongfully) got you arrested (while expecting to be arrested) is the guilty hand.

So is causing the police to arrest and process half a dozen people that needed to be extracted from trees etc in itself disturbing the peace ?

1 comment:

  1. no right turn relies on Brooker. The Brooker case did not involve somebody setting out to create a complete nuisance for other people. It was a (albeit slightly misguided) single person playing his guitar singing protest songs outside a police officer's house.

    The flag burning case at the ANZAC service is much closer to Minto, in which a person deliberately set out to offend a large group of people, just as Minto did.

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