UH stops U.S.Consititution handout

[HereOnThePrimalEdge]

Yes, that was what I meant. Paul Revere rode at night instead of sleeping in his warm bed, then getting up at a more reasonable hour ...when it was already too late. Paul Revere getting up in the morning (instead of riding at night) is comparable to the two plaintiffs of this suit showing up late for their event, then complaining they got the last table in a less than desirable area.

[Wao nahele kane]

Pretending the issue is about getting in late and getting a suck table is irrelevant. What becomes relevant is the applied restriction of exercise upon their 1st and 4th amendment rights. "...and decided to engage students directly in the same
way they had seen other groups do that day. For instance, they witnessed members
of the Accounting Club approach students asking them to buy “chili tickets” for a
club fundraiser."
The right to hand out pamphlets in a public area cannot be restricted to a zone or group of tables. It's that simple.

If the story was about being restricted to a group of tables if wearing black shirts and those who milled about wearing black shirts beyond the table area were forced to leave the area, a reasonable person would see the restrictions as silly and disregard the restriction as nonsense. The same applies to this situation, the restrictions were nonsense and the fact anyone attempted to enforce them shows just how full of nonsense some people can be.

Edit to add: What I find fascinating is just how disjointed ones perceptions can become. For instance, the tables were set up as courtesy for those with lots of papers etc. banners to promote or share something, yet there are those who for some strange oddball reason or another fail to realize they are merely a provided courtesy and perceive them as the only area in which such activity may occur. It's absolutely fascinating how distorted ones perceptions can become.

[HereOnThePrimalEdge]

The students formed a campus group and agreed to follow the regulations of the UHH RISO Handbook when they applied:

“When using a public venue, RISOs may not approach people to solicit them. Although we support a diverse intellectual and social atmosphere on campus, we also believe that each person should be able to freely choose whether to listen to your solicitation or not.” According to the Complaint in Burch’s lawsuit, solicitation in this context also refers to distributing literature.

...distributing pamphlets has nothing to do with the fact that it is the Constitution being handed out. Distributing any literature would be prohibited, whether it’s the Constitution or a handout summarzing Mein Kampf.

http://www.opposingviews.com/i/society/university-hawaii-hilo-prevents-students-handing-out-constitution?utm_source=PANTHEON_STRIPPED&utm_medium=PANTHEON_STRIPPED&utm_campaign=PANTHEON_STRIPPED

[rainyjim]

Unfortunately (for RISO) and fortunately (for american citizens) the RISO "handbook" doesn't trump the constitutional rights being infringed upon. I can write any "regulatory handbooks" I want and distribute it and get people to agree to what I wrote but that doesn't mean it restricts anybodies constitutional right(s) by agreeing with something I wrote - the same applies to the University - they have no special authority to dispense or withold constitutional rights because they happen to be an accredited academic university. Currently only ~25% of the UH's area is available for "demonstrations/events" like this abd must be approved 7 days before hand. This policy in and of itself is unconstitutional and their attempt at enforcing such would only result in lawsuit(s)...oh wait we're there already. This is an example of incompetence and overreaching authority - I wonder why anyone would feel it necessary to "power trip" over anything as low-key as phamplets handed out at a University. What a fascist.

[Wao nahele kane]

From the same article "...We have a free speech zone for students to use and it’s between the theater and new student services building...".
You cannot restrict the practice of the first amendment into a finite zone within a public area. Do you suppose it would fly here on the Big Island if 1st amendment rights were restricted to Naalehu only? How effective is that with regard to having a "right"? The next step for such a nonsensical zoning practices is to assume the Zone may be removed completely (ETA) and restricted to ones own home.

[HereOnThePrimalEdge]

OK, rainyjim, I see your point. I'm going to cross pollinate, wait, that didn't work, all right let's genetically modify this thread with the Maui GMO thread:

"Monsanto has announced today they will print tiny transcripts of the U.S. Constitution on soybeans, corn, and wheat.
Anyone attempting to block sales of these seeds through anti-GMO regulation will be infringing on the 1st amendment rights of Monsanto. Period."

[Wao nahele kane]

Of nonsense, begets nonsense.

[rainyjim]

I think you're missing a key point. Its not that the kids were handing out copies out the constitution. They could have been handing out episode scripts of spongebob squarepants or pointers on safe sexual relations. Point is they weren't allowed to hand them out. Not what they were handing out.

In this specific instance the plaintiff was actually handing out copies of the very document that was being infringed.

I feel, almost, as if you are confused over the issue at hand. Its not what was being handed out. Its the restriction of handing something out. Regardless of its content.

Also selling something and handing out phamplets are kind of apples and oranges don't ya thunk?

[Wao nahele kane]

The schools response and remember these are people supposed to be representatives of higher education standards - “The University policy [for events] says that RISOs can’t approach people. We run a diverse campus and people can feel intimidated and it’s like they [the students] can’t say no. We have a free speech zone for students to use and it’s between the theater and new student services building… “This isn’t really the 60’s anymore. People can’t really protest like that anymore, times have really changed since the movement back then...”

Note the selected word for how people are perceived to feel when approached, "intimidated". I don't know about anyone else but I've never felt intimidated when being approached under such circumstances. I may feel inconvenienced, annoyed or on rare occasion interested but "intimidated", never.

[PaulW]

Does the University count as private property? If so, can't they set the rules of what is and isn't allowed?