Do our Constitutional rights supersede local laws?

[wgadget]

Our group was told that we can not be "out in the road" passing out slimjims to stopped traffic on a public roadway. The traffic was stopped, and we were not disrupting anyone's driving.

Is our freedom of political speech subject to silly local laws about staying on the grass? BTW, the local Shriners are allowed to be IN the road, because they have a permit.

[Revolutn]

The principle is that union member states have their own right to legislate, however as member states the Constitution protects certain basic rights.

Any law or statute to be accurate not in harmony with the Constitution is null and void on it's face.

And yes the Supreme Court has upheld that position.

So it's really a matter of how deep in the much you are willing to get in order to fight your case for 1st amendment free speech rights.

[ross11988]

Hmm good question. Im sure because its in the roads there is of course a hazard issue. But the side walks are fine if they tell you other wise then you got a serious problem. Make sure if they ask you again to ask them for the specific ordinance that prohibits you from passing them out to stopped cars.

[greves]

I don't believe "Congress shall pass no law restricting the freedom of speech" applies to people running around in between traffic stopped a red light. Like Revolutn says though, are you willing to fight in court for something so small? Just pass them out on the sidewalk.

[JordanL]

No... local laws are always subject to the Constitution, and anyone who is willing to take it to a Federal court will get it knocked down if the local law is unconstitutional. (Why do you think we've been winning all of the sign fee laws?)

[jpinkerton]

Our group was told that we can not be "out in the road" passing out slimjims to stopped traffic on a public roadway. The traffic was stopped, and we were not disrupting anyone's driving.

Is our freedom of political speech subject to silly local laws about staying on the grass? BTW, the local Shriners are allowed to be IN the road, because they have a permit.

No, this is wrong. This is misinformation and you need to have some research for the next time you go out.

There was a great writeup on this somewhere else in the forums, you do NOT need a permit for what you are doing. You ONLY need a permit if you are collecting donations. You are not collecting donations.

Make sure you are only going out when the lights are red, it is illegal to block the flow of traffic, but if you are only going out when the light is red then you cannot block the flow of traffic because it has no where to go.

Next time you go out, have one person be the "leader" with the whistle, when the light goes red everyone goes out and through traffic that is stopped. Have the leader watching the lights, when they change, have the leader hit the whistle signaling for everyone to get out of the street and stand off to the side.

Make sure you wear bright clothing, and start from the front of the traffic and work your way back, that way when the light changes your guys are in the back of the line where traffic still is unable to move and can get out of traffic before they proceed.

Doing it this way will show the officer that shows up that you are organized, and keeping your people safe. As well you are allowing traffic to flow.

The final thing, look up your local statutes about this, there is a specific statute that will state you are allowed to do this without a permit.

If the officer(s) show up again the only reason they're coming out is probably because someone else called in annoyed. Maybe they're a Hillary fan, maybe they're pissed off because Ron Paul is doing better than their candidate - who knows. But they only come out if they receive a complaint.

Make sure you stay calm and keep a level toned voice and sensible head. Do not feel or act threatened by the cop, but stand your ground. Most likely the cops just don't want to come back out again to hassle with this so they might say you need a permit. If you have the statute available and ready to go you can quote it. Before the officer leaves make sure to repeat something like, "So just so I understand correctly, we can still promote Ron Paul out here, just so long as we do not block traffic, correct?" That way he doesn't do a drive by 5 minutes later, find you still there and get upset. This will prevent any miscommunication.

Also be sure to get the officer's information. But do it tactfully, something like, "I appreciate your understanding and patience with us, can I have your badge number and your chief's name in case there is any confusion in the future regarding this?"

Remember, stand your ground, be firm, but don't get into a heated debate with the officer. Don't get emotional. Research your local statute to verify this, but I believe it will be similar to what I have stated above.

[AlexMerced]

your rights are protect if you want to spend the time to get it to the supreme court, so yes, practically no

[malibu]

Nice question - local laws can not violate constitutional rights, and any such local ordinances can be challenged as unconstitutional.

[jgmaynard]

If you're a member of the ACLU, call them. Like them or not, this is the exact sorta thing they are good at... :)

JM

[LibertiORDeth]

No, this is wrong. This is misinformation and you need to have some research for the next time you go out.

There was a great writeup on this somewhere else in the forums, you do NOT need a permit for what you are doing. You ONLY need a permit if you are collecting donations. You are not collecting donations.

Make sure you are only going out when the lights are red, it is illegal to block the flow of traffic, but if you are only going out when the light is red then you cannot block the flow of traffic because it has no where to go.

Next time you go out, have one person be the "leader" with the whistle, when the light goes red everyone goes out and through traffic that is stopped. Have the leader watching the lights, when they change, have the leader hit the whistle signaling for everyone to get out of the street and stand off to the side.

Make sure you wear bright clothing, and start from the front of the traffic and work your way back, that way when the light changes your guys are in the back of the line where traffic still is unable to move and can get out of traffic before they proceed.

Doing it this way will show the officer that shows up that you are organized, and keeping your people safe. As well you are allowing traffic to flow.

The final thing, look up your local statutes about this, there is a specific statute that will state you are allowed to do this without a permit.

If the officer(s) show up again the only reason they're coming out is probably because someone else called in annoyed. Maybe they're a Hillary fan, maybe they're pissed off because Ron Paul is doing better than their candidate - who knows. But they only come out if they receive a complaint.

Make sure you stay calm and keep a level toned voice and sensible head. Do not feel or act threatened by the cop, but stand your ground. Most likely the cops just don't want to come back out again to hassle with this so they might say you need a permit. If you have the statute available and ready to go you can quote it. Before the officer leaves make sure to repeat something like, "So just so I understand correctly, we can still promote Ron Paul out here, just so long as we do not block traffic, correct?" That way he doesn't do a drive by 5 minutes later, find you still there and get upset. This will prevent any miscommunication.

Also be sure to get the officer's information. But do it tactfully, something like, "I appreciate your understanding and patience with us, can I have your badge number and your chief's name in case there is any confusion in the future regarding this?"

Remember, stand your ground, be firm, but don't get into a heated debate with the officer. Don't get emotional. Research your local statute to verify this, but I believe it will be similar to what I have stated above.

Lol this post was better then all the other combined.