Tuesday, June 06, 2006

First Ammendment rights

I am the law - fear me

The First Amendment to the United States Constitution is a part of the United States Bill of Rights. Textually, it prevents the U.S. Congress from infringing on six rights. It forbids laws that:
* Establish a state religion or prefer certain religion (the "Establishment Clause"); * Prohibit the free exercise of religion (the "Free Exercise Clause"); * Infringe the freedom of speech; * Infringe the freedom of the press; * Limit the right to assemble peaceably; * Limit the right to petition the government for a redress of grievances.

Heady stuff indeed. I have never lived in the US, but I get to see a lot of their TV law drama's on TV, and First Amendment rights interest me greatly.

This is perhaps because in some way we seem less aware of our legal rights in New Zealand. And that can not be a good thing. Not to know how the law can protect you, and that those laws can be eroded, are a concern indeed.

The people who change the law, are representitives of you and I - they are our employees. I do not put them above us, and neither should you. I would suggest you treat with them respect, as you would any member of our community, or until they demonstrate they no longer warrant it - but at least, at first, give them the benefit of doubt.

Where is this leading I hear you ask? Here [abridged for clarity].

On 18 November 2005 an axe was lodged in the window of Prime Minister Helen Clark’s Sandringham Road electorate office. After an anonymous tip-off to a radio station, flyers were found on the corner of Ponsonby Road which purported to explain the attack. The flyers said the axe was a protest against “the Government's attempts to steal, by confiscation, Maori land in the form of the Seabed and Foreshore Bill”. A group of “concerned Pakeha” claimed responsibility, and called on “like-minded New Zealanders to take similar action of their own”. In December, Auckland man Tim Selwyn was arrested and later charged with making a seditious statement, seditious conspiracy and conspiracy to commit criminal damage. Whatever one thinks of Selwyn, the axe through Clark’s window, or any possible connection between the two, there are plenty of reasons to be concerned that Police have resurrected the long-dormant offence of sedition.

Source

A seditious intention is defined in section 81 of the Crimes Act as intending: - To “bring into hatred or contempt, or to excite disaffection against, Her Majesty, or the Government of New Zealand, or the administration of justice”; - To “incite the public or any persons or class of persons to attempt” to change the laws of the country by unlawful means; - To “incite, procure or encourage violence, lawlessness or disorder.” - To “excite such hostility” between “different classes of persons as may endanger the public safety”. - To “incite, procure or encourage the commission of any offence that is prejudicial to the public safety or to the maintenance of public order.”

For the government to raise such a charge against Tim Selwyn is interesting: he has already pleeded guilty to the criminal damage charge. When you consider a different charge was laid against Mike Smith when he chopped down the tree on top of One Tree Hill in Cornwall Park, with similar motivating factors, you have to wonder the governments intent in this case.

I just wonder if our rights to civil disobedience are being eroded just as much here, as in other parts of the world.
Remember: The extremes of socialism and fascism have the same result on the populations they control.

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