Man With 4th Amendment Written on Chest Wins Trial Over Airport Arrest

[Melinda]

16. graham4anything's post is why reading linked articles should be required on DU

Last edited Mon Jan 28, 2013, 12:45 AM - Edit history (1)

for SOME posters. If one hasn't clicked, one shouldn't post, most particularly since they haven't any idea what they're posting/talking about.

This opinion was issued based upon the defending parties (Appellents) motion to dismiss. The majority opinion was on the 1st amendment, not the 4th. Plaintiff didn't win on the merits of the partial 4th amendement clause written on his torso. Again, the issue as to the 4th was not part of the opinion, in fact, both the the 4th and 14th amendment claims were struck from the complaint at trial level.

From the U.S. Court of Appeals, 4th Circuit Opinion:

"Here, Mr. Tobey engaged in a silent, peaceful protest using the text of our Constitution—he was well within the ambit of First Amendment protections. And while it is tempting to hold that First Amendment rights should acquiesce to national security in this instance, our Forefather Benjamin Franklin warned against such a temptation by opining that those ‘who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.’ We take heed of his warning and are therefore unwilling to relinquish our First Amendment protections—even in an airport."

I mean really.