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User Name Thread Name Subject Posted
reggie miles Freedom of Expression & public jamming in Seattle (3) RE: Freedom of Expression & public jamming in Seattle 24 Feb 22


cnd, that's the first thing that I did, after hearing about their lawless acting out against our rights. But in typical fashion, they stubbornly refused to do anything to correct their actions. This is not the first Seattle area festival to deny First Amendment rights on public property. I can name five and each one responded with the same level of disinterest in the law. As if to say, lawlessness was their right to exercise. At the same time, they each also exercised illegal manipulation of local police authorities, who worked in tandem with their unconstitutional activities to carry out threats and harassment of musical artists.

Berger V the City of Seattle was a case brought against the city by a street musician, who performed regularly in an area public park, The Seattle Center. The park's management attempted to dictate where street performers could perform in the park, how closely they could perform to others gathering, what performers could verbalize in the course of performance. The City's management team further dictated that performers had to obtain a permit and created a process by which a permit might be obtained. Mr. Berger's case claimed that each of the previously mentioned actions violated his First Amendment right to Freedom of Expression.

The case was first heard in a lower court that ruled in favor of the City. So, Mr. Berger appealed the ruling and won. The City then attempted to bring the case before the Court of Appeals for the Ninth Circuit and suffered a second loss. Their only recourse, should they wish to pursue it, was to take the matter to the Supreme Court but after suffering such an overwhelming defeat in the Ninth, they had no legal grounds to do so. In the course of the City's case against Mr. Berger, they also abused the Ninth's time, by not supplying the court with requested evidence in a timely manner and as a result, they were financially punished. The Court required the City to compensate Mr. Berger to the tune of many thousands of dollars in attorney fees.

One would think that such a stark lesson would resonate with those who would attempt to do likewise. But it seems apparent that those who seek positions of power do so because they lust for more power. And it's abundantly clear that the root of their lust for power can be found in their lust for the filthy lucre it brings them. That is precisely why the organizers of this event chose to abuse our rights to Freedom of Expression. Sadly, the lust for money has been the root of all evil for many thousands of years. Avarice is why our world cannot live together in peace.

The act of playing music together is a healing union of souls, that harmonizes the spirits of those who partake in the act. In these divisive times, our world needs that sort of unity more than ever. What a tragic loss, when our peaceful act of gathering together to play music and harmonize with one another is destroyed by those whose only priority is greed.


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