Judge rules swinger sex parties unprotected by First Amendment

[theIowaHawk]

Yeah pretty much. Bars aren't public and the government should not be saying what is OK between adults in a private establishment (though I don't believe its a first amendment issue)

So if it isn't a First amendment issue....where are you reaching for this?

The Public Works code section?

 

[theIowaHawk]

ANYC, I'm trying to grasp your position on this, so correct me where I'm wrong, but you believe:

That people in theater 1 watching the Martian should be allowed to, and protected from government harassment, get naked and ride each other and perform rusty trombones until they pass out in a pile of popcorn.

And your reasoning is that this is NOT a public building, made even more obvious by its banning of children under 13 without parents..........and adults in a private establishment should be able to do whatever they want.

 

[22*43*51]

Even though the Judge is an obvious "fun-hater", the ruling makes sense.

 

[The_Joker13]

ANYCH is all in, lol.

 

[22*43*51]

Yeah pretty much. Bars aren't public and the government should not be saying what is OK between adults in a private establishment (though I don't believe its a first amendment issue)

ANY - Live to fight another day.

 

[theIowaHawk]

Even though the Judge is an obvious "fun-hater", the ruling makes sense.

Like anything else, the government "can", in general, pass whatever laws it wants, as long as it doesn't violate the rules (Constitution) we set for it.

So the questions are usually of two categories: 1) They can't legally do it, and 2) they shouldn't do it.

I think the answer to 1) is entirely obvious, and 2) is almost always debatable. I just can't tell where ANY is taking this.

But to put it simply: You can't sue the government (and win) claiming they violated your Constitutional rights ... in the latter category. You can petition your representatives and get the laws changed.

 

[Hoosierhawkeye]

public building (ˈpʌblɪk ˈbɪldɪŋ)
Definitions
noun

1. a building that belongs to a town or state, and is used by the public

According to 40 USCS § 3301 (5) [TITLE 40. Public Buildings, Property, and Works; Subtitle II. Public Buildings and Works; Part A. General; Chapter 33. Acquisition, Construction, and Alteration], the term “public building”

“(A) means a building, whether for single or multitenant occupancy, and its grounds, approaches, and appurtenances, which is generally suitable for use as office or storage space or both by one or more federal agencies or mixed-ownership Government corporations;

(B) includes--

(i) federal office buildings;

(ii) post offices;

(iii) customhouses;

(iv) courthouses;

(v) appraisers stores;

(vi) border inspection facilities;

(vii) warehouses;

(viii) record centers;

(ix) relocation facilities;

(x) telecommuting centers;

(xi) similar federal facilities; and

(xii) any other buildings or construction projects the inclusion of which the President considers to be justified in the public interest; but

(C) does not include a building or construction project described in subparagraphs (A) and (B)--

(i) that is on the public domain (including that reserved for national forests and other purposes);

(ii) that is on property of the Government in foreign countries;

(iii) that is on Indian and native Eskimo property held in trust by the Government;

(iv) that is on land used in connection with federal programs for agricultural, recreational, and conservation purposes, including research in connection with the programs;

(v) that is on or used in connection with river, harbor, flood control, reclamation or power projects, for chemical manufacturing or development projects, or for nuclear production, research, or development projects;

(vi) that is on or used in connection with housing and residential projects;

(vii) that is on military installations (including any fort, camp, post, naval training station, airfield, proving ground, military supply depot, military school, or any similar facility of the Department of Defense);

(viii) that is on installations of the Department of Veterans Affairs used for hospital or domiciliary purposes; or

(ix) the exclusion of which the President considers to be justified in the public interest.”

You do realize there is a difference between a public place and public building right?