I hope the accused was awarded costs. What a bloody waste of time and money.
Giving the finger is a ‘God-given right’, Canadian judge rules
91–100 of 318 posts
Re: Giving the finger is a ‘God-given right’, Canadian judge rules
#92Re: Giving the finger is a ‘God-given right’, Canadian judge rules
#93Another great nugget:
>> This deplorable Laval reference is worthy of an eye roll that could sever both optical nerves.
When a Karen presses charges...
Re: Giving the finger is a ‘God-given right’, Canadian judge rules
#94In the U.S., however, First Amendment protection for flipping the bird is not considered "clearly established" law in some portions of the country, and police officers can be protected by qualified immunity if they arrest you in retaliation for displaying the middle finger.
The U.S. Courts of Appeal for the 2nd Circuit and 6th Circuit have held that flipping the bird is protected speech. (See Swartz v. Insogna, 2013, and Ellis v. Davidson, 2004.)
But as far as I've been able to determine, the 3rd Circuit, which governs my own part of the country, has not made any definitive rulings on it.
That means that a case like Guessford v. Douglas et al, which was recently filed by a Delaware man, might end up with the police involved protected from punishment.
(Guessford held up a handmade "RADAR AHEAD" sign while standing near a speed trap, and the police ripped up the sign, then later pulled him over and cited him in retaliation for flipping them the bird.)
Re: Giving the finger is a ‘God-given right’, Canadian judge rules
#95I admit, it's long. But the ending was brilliant. "In the modern-day vernacular, people often refer to a criminal case “being thrown out”. Obviously, this is little more than a figurative expression. Cases aren’t actually thrown out, in the literal or physical sense. Nevertheless, in the specific circumstances of this case, the Court is inclined to actually take the file and throw it out the window, which is the only…
Wow that's colorful for court documents. I don't see how it could have turned out any other way. I'm just surprised he was actually arrested for something that's obviously covered by the first amendment. This reeks incompetence from the district attorney, trying to intimidate the man out of his rights like that.
God help you, you made an honest mistake, and now everybody gets to jump down your throat about it. Here's an upvote from one of the few people on HN who occasionally commits and error and can sympathize.
Re: Giving the finger is a ‘God-given right’, Canadian judge rules
#96I admit, it's long. But the ending was brilliant. "In the modern-day vernacular, people often refer to a criminal case “being thrown out”. Obviously, this is little more than a figurative expression. Cases aren’t actually thrown out, in the literal or physical sense. Nevertheless, in the specific circumstances of this case, the Court is inclined to actually take the file and throw it out the window, which is the only…
Wow that's colorful for court documents. I don't see how it could have turned out any other way. I'm just surprised he was actually arrested for something that's obviously covered by the first amendment. This reeks incompetence from the district attorney, trying to intimidate the man out of his rights like that.
The right to recognize Manitoba as a province?
Re: Giving the finger is a ‘God-given right’, Canadian judge rules
#97Earlier quoted context omitted.
The first amendment to the US constitution does not apply to Canada. Unless you believe US law is globally binding. (That said, Canada does have their own freedom of speech, under the Charter of Rights and Freedoms.)
Canada's charter of rights and freedoms isn't worth the paper it's printed on, especially in Quebec where the government actively pre-empts it (it has a clause that allows this, explaining why it's worthless) when it doesn't line up with their ideology.
Sadly, other political bodies do this as well, and it is becoming more common.
That clause, I agree, was a mistake.
Still, the charter has at least been beneficial in many court cases, and caused many laws to be turfed (many of which, are just dropped forever).
Re: Giving the finger is a ‘God-given right’, Canadian judge rules
#98If you look past the headline, this story is almost "basic sanity". The guy's neighbour didn't want the accused's kids playing in the street (in the suburbs) because they have a yard. To "prove" his point that it was dangerous he drove recklessly around the kids in the street. The accused flipped him off and (allegedly because he denies it) threatened him. Now frankly, I don't see why this would be hackernews-worthy,…
> To "prove" his point that it was dangerous he drove recklessly around the kids in the street. It probably is dangerous [0] because people don’t let their kids play in the street anymore so drivers aren’t used to having them there. Not like when I was a kid where we would get ball games going and pause to let the cars pass. People expected kids to be playing in the street so didn’t drive like complete lunatics. Can’…
> people don’t let their kids play in the street anymore
Careful not to generalise here. This will vary wildly from place to place and street to street. Here in the Netherlands with limitations on cars I see the streets busy with children year round.
I can't speak for Canada, not having been there, but I read favorable coverage on urban design channels different localities there who have committed to pedestrian friendly designs. It wouldn't surprise me if the street was quiet and designed with safety of children and other vulnerable users in mind.
Re: Giving the finger is a ‘God-given right’, Canadian judge rules
#99Earlier quoted context omitted.
> Not like when I was a kid where we would get ball games going and pause to let the cars pass. People expected kids to be playing in the street so didn’t drive like complete lunatics. In my neighborhood kids play in the street all the time. There are basketball goals up and down my street and the kids pause the ball games to let the cars pass. Are you sure that you don't just live in a different place now?
doesn't the noise from basketballs hitting concrete/asphalt drive you guys nuts?
Way better than listening to traffic.
Re: Giving the finger is a ‘God-given right’, Canadian judge rules
#100Earlier quoted context omitted.
Wow that's colorful for court documents. I don't see how it could have turned out any other way. I'm just surprised he was actually arrested for something that's obviously covered by the first amendment. This reeks incompetence from the district attorney, trying to intimidate the man out of his rights like that.
The first amendment to the US constitution does not apply to Canada. Unless you believe US law is globally binding. (That said, Canada does have their own freedom of speech, under the Charter of Rights and Freedoms.)
Not really freedom of speech if the legislature can just decide not to care about it.