General Discussion

muriel_volestrangler

(106,207 posts)

170. Thanks - that section 155 is crucial (on edit: also arrested for obstructing traffic)

Sun Dec 8, 2013, 09:40 AM

Dec 2013

Apparently introduced after the constitutionality of 12-15 (plus 16, which gives exemptions for masks of Halloween, necessary gas masks, and so on) was challenged in 1980:

http://www.leagle.com/decision/19801469393So2d1076_11314

I found that in a discussion from 2008 - precisely about the first major use of Guy Fawkes masks in Anonymous v. Scientology: https://whyweprotest.net/community/threads/florida-and-other-states-mask-law-a-legal-perspective.194/

I'd say the police officer can say none of the 4 listed situations applies to him, so he should not have been forced to take off the mask.

On edit: re-reading the article, I notice he was also "charged with obstruction of traffic". That might make all the difference - if he was on the road interfering with traffic, rather than on the sidewalk, they may have had a valid reason to arrest him, which would then include the removal of the mask.

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Florida Cop Arrested For Wearing �Anonymous� Mask Warns �There�s A War Coming� [View all] Purveyor Dec 2013 OP

How bored he must be BeyondGeography Dec 2013 #1

i was thinking he needs to get laid Heather MC Dec 2013 #3

You know what? I think you have hit the old nail right on the head. pangaia Dec 2013 #96

I wish we had "like" buttons for posts like yours and Heather's.... TheDebbieDee Dec 2013 #101

How's this as a substitute. pangaia Dec 2013 #132

"so they don't reproduce" is in BOLD, and very important nolabels Dec 2013 #161

Message auto-removed Name removed Dec 2013 #148

The right wing media, funded by Kochs and Murdochs, have been stoking this. Cooley Hurd Dec 2013 #2

Not to mention he needs all his weapons impounded Heather MC Dec 2013 #4

Not just the "right wing media," either. MADem Dec 2013 #191

That clown doesn't have both oars in the water. lpbk2713 Dec 2013 #5

I know why he's protesting the ACA. I don't agree with him. Wonder if he listened to Beck or Rush... freshwest Dec 2013 #35

But he does have a cape. rug Dec 2013 #40

And lotsa guns. (nt) Paladin Dec 2013 #49

Anyone concerned about wearing a Guy Fawkes mask being a crime? Comrade Grumpy Dec 2013 #6

I am. Throd Dec 2013 #7

I second that painesghost Dec 2013 #26

Wearing masks is against the law in many municipalities, except on particular nights of exception, MADem Dec 2013 #90

no but two things here arely staircase Dec 2013 #8

I wouldn't call that thing a left wing symbol. A lot of those people who MADem Dec 2013 #91

you have a point arely staircase Dec 2013 #129

That's it, exactly--and the "ironic" crowd who are too cool for politics, and political MADem Dec 2013 #133

This is the New DU after all. RC Dec 2013 #9

No kidding. nt woo me with science Dec 2013 #32

To say nothing of Paulbots and assorted libertarians, concerned about their own freedoms, but not MADem Dec 2013 #114

Good point. davidn3600 Dec 2013 #11

I don't understand why Guy Fawkes was chosen in the first place. NobodyHere Dec 2013 #13

V for Vendetta. NuclearDem Dec 2013 #16

Ironically, Fawkes were turned in by an anonymous letter. Coyotl Dec 2013 #21

The first terrorist I think. Ava Gadro Dec 2013 #34

he was chosen for a stupid movie ProdigalJunkMail Dec 2013 #50

opinions, opinions, opinions demwing Dec 2013 #60

wow... that's deep... n/t ProdigalJunkMail Dec 2013 #77

lather, rinse, repeat /nt demwing Dec 2013 #147

Everyone's an expert you say? Capt. Obvious Dec 2013 #62

i picked the movie because THAT is when the mask took off in popularity ProdigalJunkMail Dec 2013 #76

Your memory is accurate--many more people know the film than are even aware that it was based on a MADem Dec 2013 #87

Do either of you know who made the mask popular and why? Capt. Obvious Dec 2013 #89

I'm sure if we wait long enough, you'll give us your view of it. MADem Dec 2013 #93

I linked to that above Capt. Obvious Dec 2013 #107

No need. Twice is more than sufficient. nt MADem Dec 2013 #112

Careful... 99Forever Dec 2013 #103

Yes, those 'evil' authoritarians...! MADem Dec 2013 #113

You're God Damned right EVIL. 99Forever Dec 2013 #115

They'll meet the same fate that all of us do. MADem Dec 2013 #119

WTF? 99Forever Dec 2013 #121

It's not a "comeback" but how interesting that you regard it as such. MADem Dec 2013 #135

Speaking of "revealing"... 99Forever Dec 2013 #139

What I am is a Democrat who is interested in seeing more Democrats, and fewer Republicans, elected MADem Dec 2013 #142

Oh NOES! 99Forever Dec 2013 #143

I'm enjoying your "performance." MADem Dec 2013 #146

What I'm enjoying... 99Forever Dec 2013 #150

Gee, yet another gratuitous insult...! That's apparently all you've got! MADem Dec 2013 #151

Only an insult to those who fit the bill. 99Forever Dec 2013 #154

Fit what bill? Being a Democrat who supports Democrats for election? That's a crime? MADem Dec 2013 #155

The difference between you and me... 99Forever Dec 2013 #156

Yes, I support "faux" Dems like Elizabeth Warren, Ed Markey, and MADem Dec 2013 #163

You excel at setting up strawmen then whipping their ass. 99Forever Dec 2013 #174

Awww, you mad, bro? MADem Dec 2013 #178

Erm, it's based on a comic. joshcryer Dec 2013 #65

On, now everyone's an expert Capt. Obvious Dec 2013 #66

Don't be jealous I can link paren' wiki links. ;P joshcryer Dec 2013 #68

I was faster to the link Capt. Obvious Dec 2013 #69

Whenever DU screws up you can pop these codes in: joshcryer Dec 2013 #71

no one wore the mask until after the movie... ProdigalJunkMail Dec 2013 #75

That makes you look better Capt. Obvious Dec 2013 #80

yeah... facts are a pesky little thing ProdigalJunkMail Dec 2013 #81

LOL! Capt. Obvious Dec 2013 #82

would you care to suggest an alternative ProdigalJunkMail Dec 2013 #84

2008 Capt. Obvious Dec 2013 #85

figures... n/t ProdigalJunkMail Dec 2013 #86

Yup Capt. Obvious Dec 2013 #88

yup indeed ProdigalJunkMail Dec 2013 #95

If it makes you feel better Capt. Obvious Dec 2013 #105

since you have no answer... n/t ProdigalJunkMail Dec 2013 #108

And you're green Capt. Obvious Dec 2013 #109

interesting retort... ProdigalJunkMail Dec 2013 #111

IIRC it became popular after the Occupy movement took off, so 2011 and after. nt CJCRANE Dec 2013 #99

2008, Annonymous - Church of Scientology Capt. Obvious Dec 2013 #104

More history, here.... MADem Dec 2013 #116

�We weren�t branding experts or anything,� - one of the best unintentionally funny things I've read KittyWampus Dec 2013 #171

That's because Warner Brothers started marketing them. joshcryer Dec 2013 #97

while that may be true ProdigalJunkMail Dec 2013 #98

It's all because Guy Fawkes Day is their 4th of July. joshcryer Dec 2013 #100

i spend a great deal of time in the UK ProdigalJunkMail Dec 2013 #106

actually the graphic novel that movie was based on is terrific, and a critique of Thatcherism's villager Dec 2013 #127

and yet the comic was NOT the inspiration for the ProdigalJunkMail Dec 2013 #130

well, the comic was the inspiration for the movie, and the mask design is straight villager Dec 2013 #138

the film is an adaptation, not an original work. So just like the many plays and Bluenorthwest Dec 2013 #187

last time... without the movie the mask is non-existent. ProdigalJunkMail Dec 2013 #197

Symbols take on new meanings all the time. The Swastika used to mean something very different. sibelian Dec 2013 #206

a comic book arely staircase Dec 2013 #72

People who would rather key their "edgy" protests off of a Warner Brothers film, without MADem Dec 2013 #78

Many southern states Feral Child Dec 2013 #15

But the purpose NOW is to identify those who take part in protests. woo me with science Dec 2013 #30

You're right, of course. Jackpine Radical Dec 2013 #53

Excellent point. Feral Child Dec 2013 #54

and apparantly unstable cops nt arely staircase Dec 2013 #73

yep Joe Shlabotnik Dec 2013 #18

Stunning isn't it? Egalitarian Thug Dec 2013 #22

It's part of a bundle of anti-KKK statutes passed in the early 1950s: struggle4progress Dec 2013 #23

That is not the purpose now, woo me with science Dec 2013 #31

I think saying "A war is coming" puts his behavior in applicable clause 3. hootinholler Dec 2013 #63

Would fall under (4) too. joshcryer Dec 2013 #67

No its not. onenote Dec 2013 #120

FL is a "stop and identify state." joshcryer Dec 2013 #159

Sorry, but I'm not wrong. onenote Dec 2013 #182

Ah! that dreaded Secret Directive Z, which requires inconvenient citizens to don Guy Fawkes masks, struggle4progress Dec 2013 #128

"The corporate state" being, in this case, the Affordable Care Act muriel_volestrangler Dec 2013 #169

Thanks for this relevant bit of history Hekate Dec 2013 #41

Thanks - that section 155 is crucial (on edit: also arrested for obstructing traffic) muriel_volestrangler Dec 2013 #170

Anybody can get a Guy Fawkes mask these days... icymist Dec 2013 #24

+10000 Thank you. woo me with science Dec 2013 #33

Thank you. That was my first thought. nt Mojorabbit Dec 2013 #56

Maybe not cops, but the people who affect those things aren't necessarily lefties, either. nt MADem Dec 2013 #83

No kidding. 99Forever Dec 2013 #92

YES, that is my BIGGEST concern about this story. snot Dec 2013 #203

Congrats to the female officer, she is a professional. nt bluestate10 Dec 2013 #10

Professional in that she enforced a law. Too bad the law is an abomination onenote Dec 2013 #12

Here's a nice photo from Florida in 1951, the year the law was put on the books struggle4progress Dec 2013 #25

I have no problem with criminalizing masks when used in connection with an effort to intimidate onenote Dec 2013 #28

Read the law: struggle4progress Dec 2013 #29

and how did the cop violate this law? onenote Dec 2013 #36

I wasn't there. If the matter goes to trial, a judge would have the jury decide the facts struggle4progress Dec 2013 #45

Good luck getting a jury to convict anyone under these facts warrant46 Dec 2013 #55

Dunno. That might very well be. But I myself seldom think I really know the facts from a news story struggle4progress Dec 2013 #118

Very astute of you warrant46 Dec 2013 #164

My comment to you really has more to do with news stories: when there are several dozen struggle4progress Dec 2013 #194

They're still not listening, are they? Hekate Dec 2013 #42

Which provision of 876.155 was this guy supposedly violating. onenote Dec 2013 #44

876.155 (3) and (4) are easily, trivally, argued. joshcryer Dec 2013 #70

No way that (4) applies as you describe onenote Dec 2013 #117

FL is a "stop and identify" state. joshcryer Dec 2013 #160

He was also charged with obstruction of traffic muriel_volestrangler Dec 2013 #173

"They would not listen. They're not listening still. Perhaps they never will" struggle4progress Dec 2013 #46

That applies to far too many people. randome Dec 2013 #110

LOL he keeps his cape in his truck tkmorris Dec 2013 #14

Too bad there's no phone booths anymore. nt Guy Whitey Corngood Dec 2013 #17

"Who is that Mysterious Masked Protester?" CJCRANE Dec 2013 #58

I think Porta-potties are the new phone booths for the modern era... nt MADem Dec 2013 #137

Lol..Even better. Cha Dec 2013 #202

Hey, as long as Time Warner made a profit off of selling the mask, nyquil_man Dec 2013 #19

I'm fairly sure you have to indentify yourself to a police officer. gvstn Dec 2013 #20

What justification is there for a cop to demand a person engaged in lawful conduct onenote Dec 2013 #37

I don't know but I always heard you have to tell them your name. gvstn Dec 2013 #39

as the material you cite indicate: absent reasonable suspicion that you're engaging in a criminal ac onenote Dec 2013 #43

You can call it 'peaceful protest' and then rob a store on your way out. randome Dec 2013 #52

Then wearing a Halloween mask during a parade should be illegal onenote Dec 2013 #122

Most of those ordinances have a provision for festive occasions, like MADem Dec 2013 #153

and if you're standing on the street holding a protest sign onenote Dec 2013 #157

If your sign says "There's a war coming" I think a reasonable person might think otherwise. MADem Dec 2013 #162

All the "The End Is Nigh" placard holders were intimidating you, were they? muriel_volestrangler Dec 2013 #172

Wow, snide much? "The end is nigh" is religious, "There's a war coming" suggests guns and ammo. MADem Dec 2013 #175

Fuck me, you're criticising someone else for being snide in this thread? muriel_volestrangler Dec 2013 #177

I return a volley, when served. MADem Dec 2013 #181

Get over yourself - I don't have any particular opinion about you muriel_volestrangler Dec 2013 #183

Oh I am "over myself"--that was just an observation, one that MADem Dec 2013 #185

He didn't have such a sign. onenote Dec 2013 #180

I protested against the same war, and I carried signs as well. MADem Dec 2013 #184

Bottom Line: the cop did not act properly in asking Guy Fawkes to identify himself onenote Dec 2013 #188

Are you the cop? If you're not, you can't insist that you know MADem Dec 2013 #189

So when the cops arrested Occupy protesters for wearing masks onenote Dec 2013 #198

Aren't you just the sweetest thing! MADem Dec 2013 #199

Yes I am onenote Dec 2013 #200

But you haven't demonstrated that this arrest has anything to do with either of those. MADem Dec 2013 #201

You haven't pointed to anything that suggests that the constitutional standard onenote Dec 2013 #204

And you haven't pointed to anything save your opinion -- based on an MADem Dec 2013 #205

I see exactly how it works onenote Dec 2013 #207

The cop cites her judgment. That's all the "proof" she needs. MADem Dec 2013 #209

Not every exercise of "judgment" is the exercise of good judgment. onenote Dec 2013 #210

But that cop wasn't this cop, and you weren't there, either. MADem Dec 2013 #211

You weren't there either. onenote Dec 2013 #212

I believe there was a Supreme Court case about this issue (identifying yourself to police) Capt. Obvious Dec 2013 #64

Not exactly onenote Dec 2013 #123

Yes, that case Capt. Obvious Dec 2013 #208

A little Florida history, for those who want to froth and foam about Florida's mask law: struggle4progress Dec 2013 #27

Those photos are chilling. HappyMe Dec 2013 #59

taking up arms against socialism is almost mainstream in right-wing Republican circles now - pumped Douglas Carpenter Dec 2013 #38

Exactly.. sendero Dec 2013 #165

Recently people have challagened no masks laws in federal Court gerogie2 Dec 2013 #47

Link? onenote Dec 2013 #57

SPLC gerogie2 Dec 2013 #168

Easily distinguished onenote Dec 2013 #179

With or without his mask CJCRANE Dec 2013 #48

A Florida cop Carolina Dec 2013 #51

There is plenty of racism and bigotism here. darkangel218 Dec 2013 #134

whatever Florida cop says to you Enrique Dec 2013 #167

How many other Florida cops think there's a war coming? Baitball Blogger Dec 2013 #61

I'm curious WHY he thinks there is a war coming? StrictlyRockers Dec 2013 #74

Thats what Alex Jones tells them. darkangel218 Dec 2013 #136

You know, this may not be right, JimboBillyBubbaBob Dec 2013 #79

I'm wondering ronnie624 Dec 2013 #94

... He told police he was protesting Obamacare .... struggle4progress Dec 2013 #124

Still no quotes on what drives him to protest. ronnie624 Dec 2013 #125

He probably got a call on his walkie-talkie ucrdem Dec 2013 #126

I remember seeing that film in Cambridge MA when it first came out. MADem Dec 2013 #141

^^ Wow. Beautiful print. Highly recommended ^^ ucrdem Dec 2013 #149

I can't believe I saw that film over forty years ago! MADem Dec 2013 #152

Armed man, in mask, wearing cape, warns folk of coming war, says it's time to fight, as a protest struggle4progress Dec 2013 #140

He doesn't mention "Obamacare" in his interview. ronnie624 Dec 2013 #158

... He told police he was protesting Obamacare ... struggle4progress Dec 2013 #192

That's what the author of the article said, not him. ronnie624 Dec 2013 #193

So we agree rather limited information is available in the reports struggle4progress Dec 2013 #196

This struck me as well. salin Dec 2013 #144

I stand corrected per the local newspaper story salin Dec 2013 #145

Maybe he doesn't really know what he's protesting CJCRANE Dec 2013 #166

+ struggle4progress Dec 2013 #195

Revelation of the method? ucrdem Dec 2013 #102

Moron. Well, in his case, moran. catbyte Dec 2013 #131

Good thing he forgot to put on the costume in a phone booth randr Dec 2013 #176

Some cops love wearing their balaclavas JustABozoOnThisBus Dec 2013 #186

Those are French police, not Florida police. MADem Dec 2013 #190