In a recent discussion with my former mentor, Dr. Steve Best, he reminded me that while our Animal Rights philosophies are revolutionary in nature and our ultimate goal is to forge a vegan society, our nascent movement is in a pre-revolutionary stage. Therefore, our actions for the animals are a means of resistance to the system rather than an effort to shatter the prevailing paradigm and replace it. Given this reality, we need to fight tooth and nail to protect and utilize the rights we are guaranteed under the Constitution, the legal foundation of the extant system. As proxies for the animals, who have no recognized rights in our legal system, our rights are their rights. We need to fight for them!
As many of you know, I've put up a great deal resistance over the last 16 months in myriad above-ground, grass roots, and creative ways. However, this First Amendment challenge against the use of a TRO to silence a social justice activist is one of my most significant acts of resistance. I could easily consent to the TRO's without admitting to the allegations of stalking (which is what often happens in domestic abuse cases). Or I could have put up a "plain vanilla" defense (either pro se or through my attorney), but I suggested to David Bell that we mount a defense on First Amendment grounds as a means of creating a blue-print (or setting a precedent) for other activists so that we could stop the misuse of TRO's to cripple or halt our work on behalf of other sentients. David, a very fine attorney with one of the most reputable criminal defense firms in Kansas City, was both excited and intrigued and has readily accepted the challenge.
Going this route has been, and will continue to be, both emotionally and financially demanding. However, the potential gain for other activists and nonhuman animals is well worth it.
A question".
United States District Judge Fernando Gaitan Jr. issued a ruling yesterday that declared Missouri's 2006 law against protesting at funerals to be unconstitutional because it violates constitutional rights to free speech. (excerpted from the Pitch online 8/17/10)
How long are we progressives and radicals going to watch our Constitutional rights vanish whilst federal, state, and local courts shield the hateful, inflammatory, threatening, and sometimes violent activism of Fred Phelps and his fellow far right anti-abortionists, KKK, Aryan Nation, and Tea Partiers?
Note: I am accepting monetary donations to my First Amendment legal challenge against TRO's, as it is a very expensive proposition. Please consider making one via my PayPal account or by mail:
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