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  1. #1

    Default Due Process and Panhandling

    My question involves civil rights in the State of: None Specific

    The fifth and fourteenth Amendment provides citizens with protection of due process. The first Ammendment protects free expression. If this is true, how can cities enact anit-panhandling laws? When a person expresses their needs when broke, isn't this protected speech?

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Due Process and Panhandling

    Expressive conduct is not always protected.

    The 1st AM center is always a good source to find laws on such. Key in any appropriate terms in the search bar when linked. Try panhandling to start with and read some case law.

    This is similar to funeral picketing. That one church group travels across the country picketing at gay soldiers funerals. Do they have a 1st AM right to do so?? Courts are ruling they must stay outside a "comfort zone", if I remember some decisions correctly.

    You may also come across a phrase such as "time, place and manner".


    http://www.firstamendmentcenter.org/

  3. #3
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Due Process and Panhandling

    This is a good case for that issue:

    http://caselaw.lp.findlaw.com/cgi-bi...case&no=993770

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