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	<title>Comments on: Anzac Day arrests</title>
	<link>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/</link>
	<description>"The freedom to seek, receive, and impart information and opinions of any kind in any form."</description>
	<pubDate>Wed, 08 Oct 2008 05:29:54 +0000</pubDate>
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		<title>by: Section 14 &#187; Blog Archive &#187; Right to protest upheld</title>
		<link>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7632</link>
		<pubDate>Sat, 05 May 2007 04:08:21 +0000</pubDate>
		<guid>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7632</guid>
					<description>[...] Section 14 &amp;#8220;The freedom to seek, receive, and impart information and opinions of any kind in any form.&amp;#8221;      &amp;#171; Anzac Day arrests [...]</description>
		<content:encoded><![CDATA[<p>[&#8230;] Section 14 &#8220;The freedom to seek, receive, and impart information and opinions of any kind in any form.&#8221;      &laquo; Anzac Day arrests [&#8230;]
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		<title>by: lyndon</title>
		<link>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7584</link>
		<pubDate>Thu, 03 May 2007 23:57:05 +0000</pubDate>
		<guid>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7584</guid>
					<description>Speaking of noise control
http://www.scoop.co.nz/stories/PO0705/S00085.htm

Waking up a police officer and singing a song about how you didn't like them getting a search warrant against you is officially not disorderly.</description>
		<content:encoded><![CDATA[<p>Speaking of noise control<br />
<a href='http://www.scoop.co.nz/stories/PO0705/S00085.htm' rel='nofollow'>http://www.scoop.co.nz/stories/PO0705/S00085.htm</a></p>
<p>Waking up a police officer and singing a song about how you didn&#8217;t like them getting a search warrant against you is officially not disorderly.
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		<title>by: Phil (Pacific Empire)</title>
		<link>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7501</link>
		<pubDate>Tue, 01 May 2007 07:59:40 +0000</pubDate>
		<guid>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7501</guid>
					<description>Actually, according to &lt;i&gt;Salient&lt;/i&gt;, the university is considering laying a trespass complaint against the protesters.  Seems they were using university property without permission...</description>
		<content:encoded><![CDATA[<p>Actually, according to <i>Salient</i>, the university is considering laying a trespass complaint against the protesters.  Seems they were using university property without permission&#8230;
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		<title>by: MikeE</title>
		<link>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7500</link>
		<pubDate>Tue, 01 May 2007 07:13:40 +0000</pubDate>
		<guid>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7500</guid>
					<description>Bernard - I agree, there may be other factors.  But I don't see them tresspassing, I don't see them threatening anyone, I don't see physical harm or property damage etc. 

So, based on what we *know* ....I don't see any justification for arresting them.  I'm personally disgusted in their actions, but then I don't particularily like fat chicks either.  But you don't see me calling for the widespread arrest of fat chicks. 

.... actually... now that you think of it..</description>
		<content:encoded><![CDATA[<p>Bernard - I agree, there may be other factors.  But I don&#8217;t see them tresspassing, I don&#8217;t see them threatening anyone, I don&#8217;t see physical harm or property damage etc. </p>
<p>So, based on what we *know* &#8230;.I don&#8217;t see any justification for arresting them.  I&#8217;m personally disgusted in their actions, but then I don&#8217;t particularily like fat chicks either.  But you don&#8217;t see me calling for the widespread arrest of fat chicks. </p>
<p>&#8230;. actually&#8230; now that you think of it..
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		<title>by: Bernard Darnton</title>
		<link>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7496</link>
		<pubDate>Tue, 01 May 2007 04:27:50 +0000</pubDate>
		<guid>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7496</guid>
					<description>In spirit I agree, MikeE - with the caveat that, given the nature of their actions, there may be legitimate non-speech reasons for their arrests.</description>
		<content:encoded><![CDATA[<p>In spirit I agree, MikeE - with the caveat that, given the nature of their actions, there may be legitimate non-speech reasons for their arrests.
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		<title>by: MikeE</title>
		<link>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7483</link>
		<pubDate>Mon, 30 Apr 2007 21:33:27 +0000</pubDate>
		<guid>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7483</guid>
					<description>&quot;I may disagree with what you have to say, but I shall defend, to the death, your right to say it&quot;

While I'm disgusted at what they did.  Arresting them is the wrong response.  Public contempt for what they did is a more suitable response. 

If you arrest people for protesting causes you don't agree with, where do you draw the line?  Either you agree with free speech, or you agree with regulated speech.  There is no middle ground.</description>
		<content:encoded><![CDATA[<p>&#8220;I may disagree with what you have to say, but I shall defend, to the death, your right to say it&#8221;</p>
<p>While I&#8217;m disgusted at what they did.  Arresting them is the wrong response.  Public contempt for what they did is a more suitable response. </p>
<p>If you arrest people for protesting causes you don&#8217;t agree with, where do you draw the line?  Either you agree with free speech, or you agree with regulated speech.  There is no middle ground.
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		<title>by: Bernard Darnton</title>
		<link>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7357</link>
		<pubDate>Mon, 30 Apr 2007 09:21:41 +0000</pubDate>
		<guid>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7357</guid>
					<description>The public/private property distinction is entirely valid. On private property it's perfectly acceptable to apply speech rules in any way the property owner wants to. The right to free speech doesn't allow you to demand someone else's microphone.

On public property, as you say, the state can regulate activity - but the state should never regulate opinion. The sticky question is what to do about behaviour that is part action and part opinion, like flag burning.

Either all burning should be banned or none. If burning things is permitted in general but illegal when the item is symbolic, like a flag or a bra, then the state is not regulating the action of burning but the opinion being symbolised.

More subtlely, a law that bans all burning but is only enforced against flag burners is also wrong. (Hypothetically, just the sort of thing a catch-all charge like &quot;disorderly behaviour&quot; could be used for.)</description>
		<content:encoded><![CDATA[<p>The public/private property distinction is entirely valid. On private property it&#8217;s perfectly acceptable to apply speech rules in any way the property owner wants to. The right to free speech doesn&#8217;t allow you to demand someone else&#8217;s microphone.</p>
<p>On public property, as you say, the state can regulate activity - but the state should never regulate opinion. The sticky question is what to do about behaviour that is part action and part opinion, like flag burning.</p>
<p>Either all burning should be banned or none. If burning things is permitted in general but illegal when the item is symbolic, like a flag or a bra, then the state is not regulating the action of burning but the opinion being symbolised.</p>
<p>More subtlely, a law that bans all burning but is only enforced against flag burners is also wrong. (Hypothetically, just the sort of thing a catch-all charge like &#8220;disorderly behaviour&#8221; could be used for.)
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		<title>by: Phil (Pacific Empire)</title>
		<link>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7349</link>
		<pubDate>Mon, 30 Apr 2007 08:40:28 +0000</pubDate>
		<guid>http://www.freespeech.org.nz/section14/2007/04/30/anzac-day-arrests/#comment-7349</guid>
					<description>There is also the matter of public property.  Is public property &quot;fair game&quot;, that is, does the state have any right to regulate behaviour on publicly-owned property?  If the answer is &quot;yes&quot;, then banning flag-burning on footpaths or horn-blowing during memorial services are acceptable.  If not, then anything from speeding to chaining yourself to state-owned railway tracks to entering a military firing range suddenly becomes OK.  

Of course there is a middle ground.  I'm inclined to think that the state can regulate activity on its own land, as long as the rules are not applied in a politically motivated way.  After all, we would expect the same of a private landowner.  And I suspect that protesters who did the same at an Anzac service, but representing any other political view, would receive the same treatment.  Did their political views make any difference?</description>
		<content:encoded><![CDATA[<p>There is also the matter of public property.  Is public property &#8220;fair game&#8221;, that is, does the state have any right to regulate behaviour on publicly-owned property?  If the answer is &#8220;yes&#8221;, then banning flag-burning on footpaths or horn-blowing during memorial services are acceptable.  If not, then anything from speeding to chaining yourself to state-owned railway tracks to entering a military firing range suddenly becomes OK.  </p>
<p>Of course there is a middle ground.  I&#8217;m inclined to think that the state can regulate activity on its own land, as long as the rules are not applied in a politically motivated way.  After all, we would expect the same of a private landowner.  And I suspect that protesters who did the same at an Anzac service, but representing any other political view, would receive the same treatment.  Did their political views make any difference?
</p>
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