Gryphon
gryphonwatcher.bsky.social
Gryphon
@gryphonwatcher.bsky.social
Blame it on my ADD
So knowing that if hate-filled bastards gain power they will ignore restrictions, wouldn’t it have made sense to limit their ability to spread their hate filled message and gain support, rather than making it as easy as possible for them to gain power?
September 9, 2025 at 8:33 PM
The whole “Um actually those protesters weren’t arrested for their speech, they were arrested because of where they stood” stuff is darkly hilarious.

As if the issue is what reason the cops write down as they stamp on your neck, as opposed to the fact they’re stamping on it.
September 9, 2025 at 8:30 PM
And yet the government seems to be doing it more and more often, rather than these outcomes having any deterrent effect whatsoever, no?
September 9, 2025 at 8:26 PM
I was responding to

“Not whether private property owners violate 1A when they refuse to permit protests on their property.”

I thought that was obvious. In hindsight I should have been clearer instead of treating this like a good faith discussion.
September 9, 2025 at 8:24 PM
Okay so knowing that restrictions won’t bind bad actors, shouldn’t we as a result try to adopt policies that lessen the chances of such bad actors gaining power in the first place?
September 9, 2025 at 8:21 PM
It might be stretching subsequent restrictions/holdings by more conservative courts, but I would argue Pruneyard absolutely did hold that California state law could (and did) broadly allow for protest in public gathering areas of private property.
September 9, 2025 at 8:19 PM
“Damned evil government allowing…”

That line doesn’t make it clear to you that it’s referring specifically to that state and not the constitution?
September 9, 2025 at 8:16 PM
I can’t tell if you’re wilfully misinterpreting what I say or if there’s a genuine communication issue here.
September 9, 2025 at 8:09 PM
I’m not sure the existing “restrictions” are actually restricting this government.

From where I sit the trade was for restrictions that would only bind (relatively) well-meaning governments in exchange for increasing the chance of a hate-filled government that would ignore them.
September 9, 2025 at 8:06 PM
Pruneyard had nothing to do with 1A. It was about California’s own freedom of speech laws. Nowhere did I ever say it impacted on nationwide freedom of speech laws.

Did I typo that somewhere or something?
September 9, 2025 at 8:03 PM
I think making that restriction a long time ago would have led to better outcomes today.

I don’t think making that restriction today would lead to better outcomes today.

I don’t know that it would make a difference to outcomes tomorrow, since the government of today is basically unconstrained now.
September 9, 2025 at 8:01 PM
Have those remedies been successful in reducing civil rights infractions over time?

This is an earnest question btw because I know how often things are reported can distort reality.

So are the authorities violating people’s civil rights less often these days? Because it *seems* worse than ever.
September 9, 2025 at 7:54 PM
I think some of the same flaws have actually been caused by tolerating the spread of fascism and racism under the guise of freedom of speech.

The reality is that people with the “wrong” opinions in the U.S. are punished by agents of the state today just as much or more than elsewhere.
September 9, 2025 at 7:50 PM
What use is having a right on a bit of paper when the government can and does violate that right at will and without consequence?

The only thing that matters is what happens in reality.

In reality, the mass-arrest of protesters happens in the U.S. as well. Usually with more gassing & violence.
September 9, 2025 at 7:41 PM
Sure, and if they murdered someone I could even have them arrested!
September 9, 2025 at 7:34 PM
Right. None of that means they also often don’t have legal recourse.

The fact people sometimes do and sometimes don’t depending on the label on the boot on their neck isn’t a plus point of the system from where I sit.
September 9, 2025 at 7:31 PM
I’m aware of that. Which is why I specified “in California”.
September 9, 2025 at 7:26 PM
Generally explaining something helps with understanding no?
September 9, 2025 at 7:24 PM
So to be clear, there are in fact headlines about the mass arrest of peaceful protesters, those protesters often have zero legal recourse, and it’s due to the laws passed by the government.

Almost like the entire concept of US “free speech” is an illusion, just like in every other country.
September 9, 2025 at 7:23 PM
So if I owned a mall in California and wanted to kick peaceful non-disruptive protesters out of the mall I own, I could do that?

Just want to make sure I’m fully understanding the law here.
September 9, 2025 at 7:17 PM
I see.

Hey, could you describe the holding in Pruneyard v. Robins for me really quick? Just in your own words.
September 9, 2025 at 7:13 PM
“That, again, took place on private property” Are you claiming protesters in California don’t have the right to protest on private property which is open to the public?
September 9, 2025 at 7:10 PM