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re: Iowa baw gets 16 years for burning LGBT flag

Posted on 12/20/19 at 2:06 pm to
Posted by FightnBobLafollette
Member since Oct 2017
12204 posts
Posted on 12/20/19 at 2:06 pm to
quote:



Again you are the one who seems confused.



Nope.
quote:


Your response to everyone is the same when you have no legitimate points to make.


Nope.
quote:

don't know if you are gay or if another poster stated this about you and I couldn't care less.


Not gay.
quote:

just see a pattern, as does everybody on this board, that when you are unable to make a reasonable response you revert to stating "you're confused", You're a retard", You're a Moron...


Wrong. I and others have made reasonable responses. But when somebody posts something that fits confused, moron, etc that is the response they get.
quote:

When in fact you are the one having difficulty understanding simple concepts.


Nope.
Posted by FightnBobLafollette
Member since Oct 2017
12204 posts
Posted on 12/20/19 at 2:09 pm to
quote:

1. Sentenced 15 years for the hate crime (Th


“He was found guilty last month of hate crime harassment, reckless use of fire and being a habitual offender.”

“Police say the crime spree began at Dangerous Curves, a strip club, when police were called because a man was making threats. By the time they arrived, he had already been kicked out by bar staff.”


bar staff.

“After leaving the club, Martinez then travelled to the church and ripped down its flag. He then returned to the strip club where he used lighter fluid to burn the flag in the street. He also threatened to burn down the bar”

“ Adolfo Martinez, 30, of Ames, was found guilty last month of third-degree arson in violation of individual rights — hate crime, third-degree harassment, and reckless use of fire as a habitual offender. ”

This is the guy you are knighting for.

Fail. 2. Theft was not mentioned regarding this penalty (Also a
fact).


You don’t know what facts are.
quote:


3. Whether he stole the flag or not is not an issue
regaring this sanction and does not contravene his
first amendment rights.



Omg. You really are a moron. You don’t get to take someone’s flag and burn it and then claim 1sr amendment.
This post was edited on 12/20/19 at 2:17 pm
Posted by FightnBobLafollette
Member since Oct 2017
12204 posts
Posted on 12/20/19 at 2:10 pm to
[quote]No way this stands on appeal.. [/quote
Which courageous atty is taking this pro bono?

You do realize that he could have got more years based on 3x offender.

He got off with a lesser sentence.
This post was edited on 12/20/19 at 2:12 pm
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79835 posts
Posted on 12/20/19 at 2:11 pm to
quote:

Freedom of expression.

Hate speech is protected free speech and has nothing to do with his right to protest.

Don't get me wrong, I'm sure the guy is a POS and should be charged with numerous crimes. But this is not a good path to start down unless we want to start relinquishing our free speech rights.


His freedom of expression trumps that of the gay church in this case.

I have no idea what he said, but I don't think was a thought out protest. It sounds like he stole, burned, and threatened.
This post was edited on 12/20/19 at 2:14 pm
Posted by FightnBobLafollette
Member since Oct 2017
12204 posts
Posted on 12/20/19 at 2:14 pm to
OT: thieves should be shot.

2x felon steals, makes threats., arson.

OT: lets knight for this thief cause “own lib tards.”
This post was edited on 12/20/19 at 2:15 pm
Posted by lsu2006
BR
Member since Feb 2004
40148 posts
Posted on 12/20/19 at 2:15 pm to
quote:

Freedom of expression.

Hate speech is protected free speech and has nothing to do with his right to protest.

But it was his conduct that was illegal. Namely, destroying another's property with fire. The illegal conduct was, by his own admission, directed towards the victim/victims because of their sexual orientation. The statute in question isn't directed towards speech but rather towards conduct and motive behind that conduct. The Supreme Court unanimously held these types of statutes to not be violative of the 1st amendment. His ability to speak or make a political statement is not being suppressed. Arson is not speech. If he wanted to stand outside and talk about how much he hates homosexuals, he would be free to do so.
Posted by Bullseyeblitz
Madisonville
Member since Jul 2019
57 posts
Posted on 12/20/19 at 2:16 pm to
Posted by cyarrr
Prairieville
Member since Jun 2017
4345 posts
Posted on 12/20/19 at 2:21 pm to
quote:

His freedom of expression trumps that of the gay church in this case.


Why does one have to trump the other?

If anything charge him with terrorizing.

That being said, he stole the flag from the church and burned it in front of a strip club, not in front of the congregation.


Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79835 posts
Posted on 12/20/19 at 2:27 pm to
Are you for the guy in church burnings this year getting hit with a hate crime?
Posted by cyarrr
Prairieville
Member since Jun 2017
4345 posts
Posted on 12/20/19 at 2:32 pm to
quote:

But it was his conduct that was illegal. Namely, destroying another's property with fire. The illegal conduct was, by his own admission, directed towards the victim/victims because of their sexual orientation. The statute in question isn't directed towards speech but rather towards conduct and motive behind that conduct. The Supreme Court unanimously held these types of statutes to not be violative of the 1st amendment. His ability to speak or make a political statement is not being suppressed. Arson is not speech. If he wanted to stand outside and talk about how much he hates homosexuals, he would be free to do so.



Arson is not speech but the act of burning the flag is an expression (speech) which is constitutionally protected regardless of his hateful intent.

We'll have to agree to disagree. I just think this is a slippery slope that could erode our first amendment right.
Posted by Lutcher Lad
South of the Mason-Dixon Line
Member since Sep 2009
7819 posts
Posted on 12/20/19 at 2:33 pm to
You burn an American flag, you get a following...what's this country coming to?
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79835 posts
Posted on 12/20/19 at 2:37 pm to
quote:

You burn an American flag, you get a following...what's this country coming to?


In fairness just on this thread the rainbow burner has picked up some supporters
Posted by lsu2006
BR
Member since Feb 2004
40148 posts
Posted on 12/20/19 at 2:45 pm to
quote:

burning the flag is an expression (speech) which is constitutionally protected regardless of his hateful intent.


Yes, it's protected when it's not someone else's property you're destroying by fire, i.e. when you aren't committing arson. The very act of burning a flag to make a statement isn't in and of itself criminal. When you take someone else's property and burn it, it is criminal.
quote:

We'll have to agree to disagree. I just think this is a slippery slope that could erode our first amendment right.


How do you figure? I often see people throw out the slippery slope argument and sometimes it actually makes sense. How does enhancing the sentence of a crime committed against a person(s) or their property due to the victim or victims' sexuality, race, gender, etc. chill free speech or how could it lead to an erosion of First Amendment rights?
Posted by cyarrr
Prairieville
Member since Jun 2017
4345 posts
Posted on 12/20/19 at 2:45 pm to
"Are you for the guy in church burnings this year getting hit with a hate crime?"

Was it your church that was burned?

Also, that's very hateful of you to suggest that I'm an arsonist, you hurt my feelings. Good thing we are not in Iowa.




This post was edited on 12/20/19 at 2:47 pm
Posted by IceTiger
Really hot place
Member since Oct 2007
26584 posts
Posted on 12/20/19 at 2:50 pm to
quote:

“living by God’s laws,”

And that is why he got 16 years


So...no freedom of religion?

Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 12/20/19 at 2:52 pm to
quote:

Not that I agree with him, but burning a flag has been ruled a form of protest by the Supreme Court.

He’ll appeal


Burning American Flags that you own is a form of protest.

He stole an LGBT flag and burned it in what they're calling a hate crime because it wasn't his.

But 16 years is absurd. He's an idiot for not just apologizing and moving on. Probably would've gotten very minimal time.
This post was edited on 12/20/19 at 2:53 pm
Posted by FightnBobLafollette
Member since Oct 2017
12204 posts
Posted on 12/20/19 at 2:54 pm to
quote:


So...no freedom of religion?



Yes. No freedom of religion. Except for Muslims. They can do whatever.
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79835 posts
Posted on 12/20/19 at 2:56 pm to
quote:

Was it your church that was burned?


No, just curious if in your mind there is a burden or no limit can be reached.

quote:

Good thing we are not in Iowa.

Did I physically do something to you?
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79835 posts
Posted on 12/20/19 at 2:57 pm to
quote:


But 16 years is absurd. He's an idiot for not just apologizing and moving on. Probably would've gotten very minimal time


If the crime was committed in a vacuum I agree. The two priors played into his sentence, whether they should or shouldn't have.

Never did see what his two priors were.
Posted by TheCaterpillar
Member since Jan 2004
76774 posts
Posted on 12/20/19 at 2:58 pm to
there ya go, yeah
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