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  1. #1
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    Default Is the Power of a Los Angeles County Court Unconstitutional?

    on september, 1995, i had to appear at a los angeles county court (court) in glendale, california to demonstrate that i had auto insurance. before the court session began, the los angeles county sheriff began to briefed us (the group of people who had to appear in court that day) as follows:

    "let me begin by telling you that your rights under the first amendment of the us constitution are not valid in this court; they do not apply here in this court; in this court you do not have the freedom of speech that the first amendment of the us constitution guarantees..."

    his voice began to fade away and the thoughts in my mind were then becoming more prominent:

    "hmmm..where is the democracy in this country? i thought my dad brought me here to this country in 1960 to escape such a thing under the dictatorship of fidel castro. now i am really confused. maybe i am missing something. i don't know. oh well."

    his voice began to get louder again. i couldn't help to feel indignant, betrayed, and extremely confused and stressed.

    is the court an independent sovereign within the united states of america, or is the court under the jurisdiction of the united states? under what part of the constitution does the court have the power to say to me that in that court the rights that the first amendment of the us constitution guarantees me are not valid and do not apply in that court?

  2. #2
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    Default Re: Is the power of a Los Angeles County Court unconstitutional?

    I don't know what the officer told you. It may be that the officer was conveying that the court can impose reasonable time, place and manner restrictions on speech within the courtroom, and has the power to punish individuals who disrupt the order of the courtroom with inappropriate outbursts or who otherwise refuse to follow orders of the court.

  3. #3
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    Default Re: Is the power of a Los Angeles County Court unconstitutional?

    Quote Quoting aaron
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    I don't know what the officer told you. It may be that the officer was conveying that the court can impose reasonable time, place and manner restrictions on speech within the courtroom, and has the power to punish individuals who disrupt the order of the courtroom with inappropriate outbursts or who otherwise refuse to follow orders of the court.
    i understand that you were not there to witness what the officer said, but i was. and i know unequivocally what the officer told me. the officer did not say, "the court can impose reasonable time, place and manner restrictions on speech within the courtroom, and has the power to punish individuals who disrupt the order of the courtroom with inappropriate outbursts or who otherwise refuse to follow orders of the court" (i can understand that; it is reasonable.) but the officer was very clear in what he said, "let me begin by telling you that your rights under the first amendment of the us constitution are not valid in this court; they do not apply here in this court; in this court you do not have the freedom of speech that the first amendment of the us constitution guarantees..."

  4. #4
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    Default Re: Is the power of a Los Angeles County Court unconstitutional?

    Certainly that would be an overstatement. That was more than a decade ago, so let's hope their current court officers are better trained.

  5. #5
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    Default Re: Is the power of a Los Angeles County Court unconstitutional?

    Quote Quoting aaron
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    Certainly that would be an overstatement. That was more than a decade ago, so let's hope their current court officers are better trained.
    certainly the power of that court is unconstitutional. that was more than a decade ago, and i still see it in contracts that mandates waiver of trial not by jury (enforced by the unconstitutional power of the state).

  6. #6
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    Default Re: Is the power of a Los Angeles County Court unconstitutional?

    Courts have reviewed the constitutionality of mandatory arbitration clauses, and have found them to be lawful under a wide variety of circumstances. The fact that you or I might have reached a different result doesn't render all the nation's courts incorrect, nor does personal opinion dictate what is or is not constitutional.

  7. #7
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    Default Re: Is the power of a Los Angeles County Court unconstitutional?

    What you need to understand is that the court room and how court is conducted is at the descrition of the judge. That is why the judge can bang his gavel and ORDER, "order in the court" and the Bailiff's job is to maintain order in the court. Remember your rights under the constitution end when they infringe upon the rights of another, they are not absolute. Thus in legal proceedings civil injunctions may be suspended to allow for court procedings or exceptions made, persons are allowed to express their opinion and use language that would be considered defamation or slander outside of the courtroom but they are still limited in the expression of "swear" words unless they are evidence. Even nonverbal communications, or emotions may be excluded from the courtroom depending on the situation in order to control prejudice. Of course, you are free to return to Cuba, no one is keeping you here against your will. Why is something that happened over a decade ago suddenlly an issue with you now? Perhaps that is your real question?

  8. #8
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    Default Re: Is the power of a Los Angeles County Court unconstitutional?

    Quote Quoting rmet4nzkx
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    What you need to understand is that the court room and how court is conducted is at the descrition of the judge. That is why the judge can bang his gavel and ORDER, "order in the court" and the Bailiff's job is to maintain order in the court. Remember your rights under the constitution end when they infringe upon the rights of another, they are not absolute. Thus in legal proceedings civil injunctions may be suspended to allow for court procedings or exceptions made, persons are allowed to express their opinion and use language that would be considered defamation or slander outside of the courtroom but they are still limited in the expression of "swear" words unless they are evidence. Even nonverbal communications, or emotions may be excluded from the courtroom depending on the situation in order to control prejudice. Of course, you are free to return to Cuba, no one is keeping you here against your will. Why is something that happened over a decade ago suddenlly an issue with you now? Perhaps that is your real question?
    i was born in cuba, but i am a citizen of the united states. the united states is my country. i have no business going to cuba, specially since the constitution of cuba states that i have comitted treason by becoming a citizen of the united states.
    you can sugar coat it any way you want, but the power of that court is (no matter when it enforces its power) unconstitutional when it states that my constitutional rights ends in that court.

  9. #9
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    Default Re: Is the power of a Los Angeles County Court unconstitutional?

    Quote Quoting aaron
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    Courts have reviewed the constitutionality of mandatory arbitration clauses, and have found them to be lawful under a wide variety of circumstances. The fact that you or I might have reached a different result doesn't render all the nation's courts incorrect, nor does personal opinion dictate what is or is not constitutional.
    under any circumstance the state does not have the power to denied the constitutional right to trial by jury to the people of the united states. that right is guaranteed by the constitution of the united states.

  10. #10
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    Default Re: Is the power of a Los Angeles County Court unconstitutional?

    You are only demonstrating that you haven't read the Constitution, and aren't familiar with how the provisions relating to jury trials have been interpreted by the courts, or how they apply to the states.

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