ARIZONA COMMON SENSE

An Exercise in Aggressive, Non-Partisan Political Activism March 29, 2013 Volume 3, Number 14

THE FIRST AMENDMENT DOES FAR MORE THAN PROMOTE LEFT WING VIEWPOINTS I recently joined the National Institute for Civil Discourse, (a new organization affiliated with the University of Arizona) and republished an article on Civil Discourse written by noted Arizona Constitutional Law Professor Toni Massaro, (who sits on the NICD Board) and another article written by recent Rogers Law School graduate Stephen Elzinga on Retaliatory Forum Closure. After re-publishing the articles numerous people contacted me with the following complaint: Roy, every time we hear the words civil discourse, we think: its just another example of government censorship. And every time we read articles on the First Amendment, we think: there goes someone else trying to erode our moral values. They may be on to something. Its all a matter of public perception, which political wing youre on, and how the issue is spun. This goes a long way in explaining the great divide in public opinion on issues such as gun rights vs gun control, and right to choose, vs right to life. For example: regarding something as important as retaliatory forum closure, Elzinga presents examples such as: a high school closing the prom because a militant lesbian student declared her intention to attend the function with her female partner, thus setting off a firestorm of public controversy. Another example: a public library closes a table upon which the public had been invited to present various political newspapers and viewpoints. Why should the library want to censor political viewpoints?

Because some of the literature displayed was what some folks would consider to be pornographic photos of people, children and animals engaged in explicit sexual acts. Naturally, Elzinga is alarmed: Our First Amendment liberties are threatened! Elzingas suggestion? Formulate the new tort of retaliatory forum closure and burden our federal courts with a whole new nest of problems to solve, when presently they are up to their asses in cases involving illegal entry and the attendant use of illegals to smuggle drugs. Some kind of common sense is missing here. If the Rogers College of Law Professors, including Massaro, really want to teach their students about first amendment retaliation, they have to look no further than the ends of their noses, and read a suit now before the Federal Court, here in Tucson: Warden v Miranda. Moreover; they should attend, and instruct their students to attend, Pima County Superior Court and listen to upcoming oral argument in State v Warden. The issue? For more than 5 years the Tucson City Court has been issuing non-appealable transparently invalid condition of release from custody orders to suspend a political activists right to stand on the public square to challenge the rectitude of official policy. You mean: Tucson government officials actually suspended the First Amendment? Dont believe that could happen, here in the Old Pueblo?? Well, the University of Arizona Law Professors have known about it for years; How do I know? Ive told them, chapter and verse, ever since 2007. And I have the email record to prove it.

The problem is: the majority of Rogers Law School Professors, including Massaro, dont want to comment upon what must be the most egregious series of first amendment retaliation claims, on record. Why? Because the individual involved, Warden the Notorious Mexican Flag Burner, is the quintessential unpopular public speaker who has challenged Open Border Policy and community political norms for the past seven years. What the left wing professors dont get is: the First Amendment is far more that a tool, a device by which one can promote left wing ideology; the right to challenge the rectitude of official policy is the bedrock foundation of all constitutional liberty. And if it doesnt protect all of us, it wont for any of us, even the left wing, should American politics shift more to the right. Maybe, just maybe, the professors and students (and the media) should forget their left wing bias and read this: Warden Appeal to Superior Court And this: City of Tucson Response And now this: Warden Reply Memorandum A police state may be coming; some think its already here. There are some who say Homeland Security has already bought the armored personnel carriers, 1 billion bullets, all to wage war against the American people during the coming economic crisis; gosh, we already know they already have enough shock troops, superbly trained battle tested veterans of Afghanistan and Iraq. Our precious constitutional rights are in danger and the fate of our nation is at stake; but dont hold your breath or look anytime soon to some of our local law professors, or students, to speak out and protect us. Roy Warden roywarden@hotmail.com

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