CHARLESTON, W.Va. -- A couple arrested for wearing anti-Bush T-shirts to a July 4 presidential appearance filed a federal lawsuit on Tuesday alleging their First Amendment rights were violated.
Nicole and Jeff Rank were removed from the event at the West Virginia Capitol in handcuffs after revealing T-shirts with President Bush's name crossed out on the front. Nicole Rank's shirt had the words "Love America, Hate Bush" on the back and Jeff Rank's said "Regime change starts at home."
Their lawsuit was filed in federal court by American Civil Liberties Union attorneys.
"What is at stake here transcends politics," Jeff Rank said at a news conference at the Capitol. "What is at stake is the right of all Americans -- Democrats, Republicans and independents, all Americans -- to peacefully voice their dissent to their government."
Trespassing charges filed against the couple were later dismissed. The City Council and Mayor Danny Jones have publicly apologized.
The lawsuit names Gregory Jenkins, deputy assistant to the president and director of the White House Office of Presidential Advance, and W. Ralph Basham, director of the U.S. Secret Service, as defendants.
The couple wants a judge to declare unconstitutional any policy that led to their arrest. They also are seeking unspecified monetary damages.
Spokesmen for the Secret Service and the U.S. Department of Justice, to whom a White House spokesman directed questions, declined to comment. Both said their agencies do not comment on ongoing litigation.
The ACLU filed a federal lawsuit last September against the Secret Service, seeking an injunction against the Bush administration for segregating protesters at his public appearances. The Secret Service agreed to stop the practice.
Jeff Rank, 29, said he and his wife wore the T-shirts because, "When you see the president speak on TV he is usually shown surrounded by fervent supporters only. While we wanted to hear him out and while we wanted to see him in person, we did not want to be added to the tally of Bush supporters that day."
Nicole Rank, 30, initially was dismissed from her job with the Federal Emergency Management Agency, but was rehired after the charges were dropped.
Well this is just plain stupid. They are arrested for wearing T-shirts that were NOT threatening the President. And they did not create a verbal ruckus, so I don't see where the police had any right to arrest them.
Chris
prince_of_saturn
09-15-04, 10:43 AM
WEARING A T-SHIRT AGAINST THE COMMANDER IN CHIEF OF THIS COUNTRY IS LIKE ATTACKING HIM. i THINK THE POLICE DID THE RIGHT THING.!!!!
Venusian
09-15-04, 10:45 AM
was it a public location?
mrpayroll
09-15-04, 10:47 AM
Originally posted by prince_of_saturn
WEARING A T-SHIRT AGAINST THE COMMANDER IN CHIEF OF THIS COUNTRY IS LIKE ATTACKING HIM. i THINK THE POLICE DID THE RIGHT THING.!!!!
Thank you!
Chris
mrpayroll
09-15-04, 10:49 AM
Originally posted by Venusian
was it a public location?
Would that make a difference? Their T-shirts were only expressing an opinion, it was not threatening in any way.
Chris
kvrdave
09-15-04, 10:50 AM
Holy cow. What is this? France?
Venusian
09-15-04, 10:51 AM
Originally posted by mrpayroll
Would that make a difference? Their T-shirts were only expressing an opinion, it was not threatening in any way.
Chris technically its private property and they can be expelled for trespassing...although that aint cool at all
chess
09-15-04, 10:54 AM
guess
top
oh!
Duran
09-15-04, 10:56 AM
If they wanted to remove them for trespassing, I'd be disappointed, but I would understand. But arrested? That's just insane.
Red Dog
09-15-04, 10:59 AM
Maybe I missed it in the article but how is this a private event?
B.A.
09-15-04, 11:00 AM
I'd sue, too.
This ignorance needs to stop soon.
VinVega
09-15-04, 11:23 AM
Originally posted by Red Dog
Maybe I missed it in the article but how is this a private event?
Any appearance Mr. Bush makes is a private event these days. ;)
Canadian Bacon
09-15-04, 11:39 AM
Stupid
Tsar Chasm
09-15-04, 01:14 PM
Vote Kerry. Great tase, less fascism.
Jonny2k1
09-15-04, 03:24 PM
It kind of sounds like the "Fuck the draft" jacket in the Cohen v. California case, but of course maybe that's because I am studying for a Mass Comm law test.
darkflounder
09-15-04, 03:33 PM
Originally posted by Tsar Chasm
Vote Kerry. Great tase, less fascism.
So, if I showed up at a Kerry rally with a "If You Vote For Kerry, The Terrorists Will Win" t-shirt, I won't be dragged out on my ass??
They weren't prohibited from exercising their First Amendment rights. They just couldn't do it there. If I can't exercise my Second Amendment rights within 100 yards from a school, then I see no problem.
General Zod
09-15-04, 03:34 PM
Why wasn't this a deal penalty case? Why aren't they in gitmo? I want answers! I want the truth!
bhk
09-15-04, 03:36 PM
Vote Kerry. Great tase, less fascism.
:lol:
Groucho
09-15-04, 03:41 PM
I support the arrest if they were there without first signing the Loyalty Oath.
DeputyDave
09-15-04, 04:17 PM
Having them arrested is simply ridiculous.
They should have been locked in a chain link cage out of earshot.
bfrank
09-15-04, 05:04 PM
Welcome to the land of the free :(
Giantrobo
09-15-04, 05:48 PM
Originally posted by B.A.
I'd sue, too.
This ignorance needs to stop soon.
I know. It's fucked up.
It's like when the Clintons would have their "opposition" audited by the IRS. Many of the victims lost tons of money after the Clintons had them Tax raped. :D
Dead Soldier's Mother Arrested After Interrupting Laura Bush
Shirt: 'President Bush You Killed My Son'
POSTED: 1:13 pm PDT September 16, 2004
UPDATED: 2:51 pm PDT September 16, 2004
HAMILTON, N.J. -- A woman whose son was killed while serving in Iraq was arrested Thursday after she interrupted a campaign speech by first lady Laura Bush.
Sue Niederer had refused to leave the rally and demanded to know why her son was killed in Iraq. She was eventually escorted from the rally site, a local firehouse, by police.
Niederer wore a T-shirt that bore the words "President Bush You Killed My Son" and a picture of her son, Army 1st Lt. Seth Dvorin.
Dvorin was killed in February while trying to disarm a bomb in Iraq. The 24-year-old had just returned to Iraq after spending two weeks with his family.
The first lady continued speaking after the arrest, touting her husband's record on the economy, health care and the war on terror.
More than 700 people attended the rally in the suburban community of 90,000 near Trenton. Hamilton is home to a large number of state employees. It has traditionally been a swing municipality in local, state and national elections.
Republicans are encouraged that recent polls have indicated an erosion of John Kerry's earlier lead in New Jersey.
A Star-Ledger/Eagleton-Rutgers Poll last week had Kerry at 43 percent to Bush's 39 percent, erasing a double-digit lead once held by the Democratic challenger.
Mrs. Bush made several references to the Sept. 11 terrorist attacks during her speech Thursday. She said that many in New Jersey, including some in neighborhoods near the firehouse, lost family members that day.
"Too many people here had a loved one that went to work in New York that day," Bush said. "It's for our country, it's for our children, our grandchildren that we do the hard work of confronting terror."
Saying that more families have two parents working, she said President Bush will support initiatives allowing for flexible work time and to give increased flexibility in health care coverage.
"We know that families face new challenges and that government should respond to these changing times," said Mrs. Bush.
I guess if she wouldn't shut up and leave, then maybe they had a right to arrest her.... but the poor woman was in mourning. :(
Chris
Duder
09-16-04, 07:52 PM
It's so horrible that Bush killed that woman's son. I mean, he was only 24, and it's not like he chose a profession which carried the real day-to-day risk of death like, say, being a soldier-- Oh wait.
I feel sympathy for her on a personal level, but gimme a break. Her son was in the Army. People in the Army die, particularly when things like bombs are involved.
chess
09-16-04, 09:56 PM
And it's not like Laura Bush's husband chose a profession in which he had the responsibility to use a bit of prudence before sending people off to die for....for....well, I'm not really sure what the hell for.
I love the attitude that being in the military makes folks expendable. :up:
Tsar Chasm
09-16-04, 09:59 PM
Iraq is a noble sacrifice for this woman's son. I'm sure she can adopt a whole herd of Iraqi kids to replace him.
Viva la BUSHE!
General Zod
09-16-04, 10:05 PM
Originally posted by Duder
It's so horrible that Bush killed that woman's son. I mean, he was only 24, and it's not like he chose a profession which carried the real day-to-day risk of death like, say, being a soldier-- Oh wait.
I feel sympathy for her on a personal level, but gimme a break. Her son was in the Army. People in the Army die, particularly when things like bombs are involved.
:up: The mother is just being upset, but it doesn't excuse her ignorance. Bush never put a gun to her son's head and made him sign up to join the Army.
I joined the military under Clinton, and if I had died during my time oh freakin' well. I informed my folks that I was going to serve the country and whatever I had to do I was going to do. Even though I didn't like Clinton, I would have died under his orders and would have been extremely ticked off if my parents acted out against it whether they believed in it or not. It was my decision to make as an adult, not theirs.
I feel sorry for this woman, but she's still an idiot.
Nazgul
09-16-04, 10:33 PM
Originally posted by Tsar Chasm
Iraq is a noble sacrifice for this woman's son. I'm sure she can adopt a whole herd of Iraqi kids to replace him.
Viva la BUSHE!
You're right. We should have left Saddam alone. Hopefully we'll never repeat that mistake again.
Fincher Fan
09-17-04, 01:07 PM
They also are seeking unspecified monetary damages.
Want to bet this is the real reason for the lawsuit?
TRENTON, N.J. -- Police have dropped charges against a Hopewell woman who was arrested when she interrupted a campaign speech by first lady Laura Bush to ask why her son was killed in Iraq.
Sue Sapir-Niederer had refused to leave the Thursday rally at a Hamilton fire house and was eventually escorted from the site. Sapir-Niederer wore a T-shirt that bore the words "President Bush You Killed My Son" and a picture of her son, Army 1st Lt. Seth Dvorin.
While he defended police for doing the right thing, Mercer County Prosecutor Joseph L. Bocchini Jr. issued a statement Friday that said police would dismiss the trespass charge.
"It is our determination that the police officers had more than enough probable cause to arrest Ms. Sapir-Niederer and were justified in the their actions," said Bocchini. "Taking all factors into consideration, including the recent loss of her son while serving in the armed forces in Iraq, I believe that the continued prosecution of the this matter would serve no useful purpose."
Dvorin was killed in February while trying to disarm a bomb in Iraq. The 24-year-old had just returned to Iraq after spending two weeks with his family.
At the campaign rally, the first lady continued speaking after the arrest, touting her husband's record on the economy, health care and the war on terror.
On Friday, New Jersey Democrats criticized Assemblyman Bill Baroni, R-Mercer, for statements he made to The Times of Trenton that Sapir-Niederer ought to "find something better to do with her time."
Baroni said Friday that he felt sorry for what Sapir-Niederer had experienced.
"I feel profoundly sorry for Mrs. Niederer and her son is an American hero," said Baroni. "None of us can truly understand what she is going through, and she and her family are in our prayers."
Chris
griz
09-21-04, 05:38 AM
Originally posted by Giantrobo
I know. It's fucked up.
It's like when the Clintons would have their "opposition" audited by the IRS. Many of the victims lost tons of money after the Clintons had them Tax raped. :D
Other than the inconvenience, what's the problem?
If they ended up losing money, then they didn't file their taxes correctly the first time. Isn't that was auditing it for, to catch the cheaters? If they hadn't cheated on their taxes, all they would have been out was time.
Suprmallet
09-21-04, 06:16 AM
-ohbfrank-
Personally, I don't think the money they're seeking is the "real" reason for the lawsuit. They were not creating a disturbance and their t-shirts could not be construed as threatening. This should never have happened.
Secret Service Reviewing Comments By Soldier's Mother
Comments Found On Web Site
POSTED: 11:34 am PDT September 22, 2004
TRENTON, N.J. -- Comments made about President Geroge W. Bush by a New Jersey woman whose son was killed in Iraq are under review by the Secret Service.
Federal officials said they are examining comments made in online postings of interviews with Sue Niederer, who was arrested last week during a Republican campaign rally in Mercer County when she interrupted a speech by first lady Laura Bush.
In portions of an interview posted online in May on the Web site Counterpunch.org, Niederer said she wanted to "rip the president's head off" and "shoot him in the groined area."
The comments caught the attention of a Secret Service analyst and are under review, Special Agent Tony Colgary told The Times newspaper of Trenton for Wednesday's editions. It is a federal crime to threaten to kill the president.
Niederer told the newspaper that she was upset about her son's death when she gave the interviews. She insisted that she did not want to kill or shoot the president.
"Absolutely not," she said.
Reached by phone Wednesday, Niederer declined to comment on the controversy.
Niederer is being assisted by a volunteer lawyer from the American Civil Liberties Union, said Deborah Jacobs, executive director of ACLU New Jersey.
According to Jacobs, Niederer's comments on the Web site are protected by court precedent dating back to a 1969 case. In Watts v. United States, the Supreme Court overturned the conviction of a man who three years earlier had claimed at a public gathering that he would "set his sights" on President Lyndon Johnson if he was drafted.
The court ruled that while the nation has a valid interest in protecting the president, the 1917 statute on which the case was based "must be interpreted with the commands of the First Amendment clearly in mind. What is a threat must be distinguished from what is constitutionally protected speech."
Jacobs said Niederer's comments fall under the same parameters.
"It's political hyperbole," she said. "This woman obviously has no intention of threatening the president's life, and it's obvious from her statements."
A phone message from The Associated Press seeking comment from the Secret Service was not immediately returned on Wednesday.
Niederer's son, Army 1st Lt. Seth Dvorin, was killed in February while trying to disarm a bomb in Iraq. The 24-year-old had just returned to Iraq after spending two weeks with his family.
Niederer had refused to leave the rally with Laura Bush at a Hamilton firehouse last Thursday and was eventually escorted from the site.
She wore a T-shirt that bore the words "President Bush You Killed My Son" and a picture of her son. Police dropped charges of trespassing against her the next day.
Chris
Contactsport1
09-24-04, 06:30 PM
Originally posted by Venusian
technically its private property and they can be expelled for trespassing...although that aint cool at all
Even if it were trespassing, this is politics and a democracy. There is something fundamentally wrong with suppressing this if they weren't causing a scene. Agreed... it aint cool.
bhk
09-24-04, 11:23 PM
Bush should just contact the FBI and have them send over all their files on this woman and all of his other political opponents.
Leila
09-25-04, 07:15 AM
Originally posted by kvrdave
Holy cow. What is this? France?
Buy: