Scientology Goons Attempt Arrest of Protesters at Kodak Theater

[BigBeard]

Saw this on WWP and just realized it was also over here.

My take on this seems to be a bit different the most, as I believe AO, "Jasonette," Mall Security, and the $cilon security goons were all in the wrong in this fiasco.

My reasoning for this conclusion is this:

AO is quite correct that protesting in a Mall is legal, also that wearing masks in California is legal, but...

From the Fashion Valley Mall v. NRB decision:

A shopping mall is a public forum in which persons may reasonably exercise their right to free speech guaranteed by article I, section 2 of the California Constitution. Shopping malls may enact and enforce reasonable regulations of the time, place and manner of such free expression to assure that these activities do not interfere with the normal business operations of the mall, but they may not prohibit certain types of speech based upon its content, such as prohibiting speech that urges a boycott of one or more of the stores in the mall.

That "...time, place, and manner..." caveat can include requiring a permit laying out where, when, and how the protest will be conducted be obtained from the Mall prior to the protest. At the least the Mall Security Office should have been contacted to find out if there were any "...time, place, and manner..." restrictions before starting.

And if the Mall feels there is a legitimate fear customers will be intimidated by masks, e.g., they may believe a robbery or terrorist action is in progress in the Mall, they can legitimately require no masks, since the masks are to protect identities and not part of the protected protest speech.

Did AO obtain such a permit from the Mall Office, or even bother talking to them prior to the protest to see if a permit was required?

Did he even check if there were any "...time, place, and manner..." restrictions even if a permit wasn't required?

Or did he just go: 2 "Protesting in malls is legal" + 2 "Wearing masks in Calif is legal" = 5 "Protesting in malls wearing a mask is ok"???

Also - from the ACLU web site:

http://www.aclunc.org/issues/freedom_of_press_and_speech/rights_of_demonstrators/location.shtml

Can shopping centers regulate my expressive activities?

Yes. The courts have approved a slew of "reasonable" time, manner and place regulations, some of which present obstacles for effective communication. Most large malls have rules restricting free speech activities, although the California Supreme Court's recent decision in Fashion Valley Mall v. N.RB calls into question some of these restrictions. The Court invalidated a rule that prohibited a union from handing out leaflets at a San Diego mall calling for a boycott of a particular store, finding that the union's interest in getting its message across outweighed the economic interests of the mall.

What if I violate a shopping center's rules?

If you exercise your free-speech rights in violation of these rules, you may be excluded from the mall. However, you should not be arrested for trespass under state law in an area that's open to the public unless you intentionally interfere with the establishment’s business, for example, by obstructing or intimidating its customers.

Note the court decision AO kept going on about to Mall Security invalidated a specific section of a Mall's permit issueing rules based the content of the speech, not the overall "...time, place, manner.." rules.

So Mall Security asking AO's friend to remove the mask was in all probability a valid request based on Mall "...time, place, manner..." rules.

"Jasonette" not bothering to check into Mall protest/demonstration rules herself, or at least verifying AO had actually talked to the Mall prior to the protest, was not using very good judgement. If she had, and been told 'no masks' up front, the entire confrontation would probably have been avoided.

AO getting in Security's face about a court ruling that does NOT give carte blanche to Mall protesters was definately poor judgement on his part.

Directing AO & friend to leave the Mall when she refused to remove the mask was a valid action. Especially if AO never talked to the Mall office about protest rules in the Mall.

Mall Security laying hands on, and threatening to arrest a protester for not removing the mask was flat out wrong. At the least, some type of disciplinary action by Mall management is warranted. Civil action by "Jasonette" could also be a possibility, but would involve getting "name fagged".

Allowing Cof$ security goons for an activity on the 5th level to get involved in a confrontation on the 2nd level was at the least poor judgement on the part of Mall Security.

Cof$ security goons injecting themselves into a situation that was between the Mall, not Cof$, and protestors was wrong. Mall management should be having a "WTF?" discussion with them about it.

In short, I believe everyone involved in this fiasco was wrong in one way or another. It definately reminds me of the old adage about pointing three fingers at yourself when you point one at someone else.

BigBeard

 

[ChuckNorrisCutsMyLawn]

AGP needs to change his talking points. I don't see how the CST thing is really going to concern any staff member.

Yeah, I agree if he's going to invest the time and effort, he should give them something that will put doubt in their minds about the cult. Even something as basic as

'If Scientology managed to produced even one OT, you wouldn't be reading this sign right no'

'How can you clear the planet when you can't even clear the sidewalk'

'Show me one OT and I'll go home'