[ April 24, 2024 ]
This case seeks to protect and vindicate fundamental liberties that citizens of the United States enjoy free from government interference.
Injunction Request Filed to Protect First Amendment Rights of ALL New Yorkers
Earlier this week, we filed a motion for preliminary injunction on behalf of political activist Pamela Geller asking a federal court in Manhattan to issue a preliminary injunction forbidding Governor Cuomo and Mayor de Blasio from enforcing their executive orders forbidding all protests of more than 10 people in New York City.
The motion for preliminary injunction follows the filing of Geller’s federal civil rights lawsuit last week in the U.S. District Court for the Southern District of New York. The lawsuit challenges the executive orders of New York Governor Andrew Cuomo and New York City Mayor Bill de Blasio—orders which prohibit protests in the City except the government-approved protests of Black Lives Matter (BLM).
Story continues below advertisementHere is an excerpt from the brief filed in support of the motion:
“Liberty once lost is lost forever.” – John Adams
This case seeks to protect and vindicate fundamental liberties that citizens of the United States enjoy free from government interference. These liberties are not conferred or granted by government to then be rescinded at the will and whim of government officials. These liberties, endowed by our Creator, are possessed by the people, and they are guaranteed against government interference by the United States Constitution, which is the supreme law of the land. First among these liberties is the right to peacefully protest government officials through the freedom of speech and the right to peaceably assemble with others of like mind, both of which are guaranteed by the First Amendment.
The right to freedom of speech is not a right to catharsis. It is a right to meaningfully protest and assemble in public in order to change public policy. The most effective way to exercise this right is to organize and participate in a public protest as a group—there is no adequate alternative to this method of expressing opposition to the government, its officials, and their policies. Our nation’s history and experience with the civil rights movement bear this out, as do the recent protests surrounding the death of George Floyd—protests that are embraced, supported, and encouraged by Defendants.
Defendants, through the adoption and enforcement of executive edicts, have suspended the fundamental right to freedom of speech and to peaceably assemble in the City of New York for some protestors, including Plaintiff Geller, but not others in direct violation of the First and Fourteenth Amendments.
Through this lawsuit, Plaintiff Geller challenges Defendants’ selective suspension of the First Amendment. There is no justification—neither the fear of a pandemic nor public outcry over police brutality—for a government official to revoke this fundamental right for some of the people, but not for others. Indeed, there is neither a pandemic nor “primal therapy” [fn. a form of psychotherapy that suggests a need to find the source of early repressed trauma and, once discovered, to give it voice, oftentimes through screaming] exception to the fundamental liberties guaranteed by the Constitution. And Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905), does not provide one. The Sixth Circuit recently affirmed this point. See Roberts v. Neace, 958 F.3d 409 (6th Cir. 2020) (granting injunction to enjoin the Kentucky governor’s restriction on the free exercise of religion during the current pandemic).
Indeed, Jacobson affirms the crucially important role of the judiciary (this Court) to ensure that such an exception never exits. Per the Supreme Court: “[I]f a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is, beyond all question, a plain, palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the Constitution.” Jacobson, 197 U.S. at 31 (emphasis added).
If this Court were to accept Defendants’ position, then it is the fiat of the Governor and Mayor, and not the Constitution, that is the supreme law of the land. Cf. Sterling v. Constantin, 287 U.S. 378, 397–98 (1932) (“If this extreme position could be deemed to be well taken, it is manifest that the fiat of a state Governor, and not the Constitution of the United States, would be the supreme law of the land; that the restrictions of the Federal Constitution upon the exercise of state power would be but impotent phrases[.]”); see also Planned Parenthood v. Casey, 505 U.S. 833, 857 (1992) (citing Jacobson for the proposition that “a State’s interest in the protection of life falls short of justifying any plenary override of individual liberty claims”); see generally United States v. Nat’l Treasury Emples. Union, 513 U.S. 454, 475 (1995) (“Fear of serious injury cannot alone justify suppression of free speech and assembly. Men feared witches and burnt women.”) (internal quotations and citation omitted); Ex parte Milligan, 71 U.S. (4 Wall.) 2, 121 (1866) (“No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism. . . .”).
Here, Defendants seek a “plenary override of individual liberty claims” through the enforcement of executive orders. What raises the alarm of governmental overreach to the level of an immediate constitutional crisis is the application of this executive override in favor of one particular message demanded by one group, large though it may be, but not for others whose messages per the Governor and Mayor are less pressing. The Court should forbid this patently biased attempt to refashion the First Amendment and grant Plaintiff’s motion.
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15 Comments
3 years ago
That is very generous and New Yorkers should be very grateful that someone is standing up for their rights! Notice anyone else doing it?
We live in very prophetic time no like other time in our history I would change this to be a Communist revolution. With mail in ballots this is very possible too! All they need is three Senate seats and they have it all.
Pollak: 3 Recent Signs Democrats Want a Socialist Revolution
By JOEL B. POLLAK 28 Jun 2020
…
1. DEMS blocked police reform in the Senate and want to use that as a campaign issue. Then they can get rid of the filibuster rule and pass whatever they want.
…
2. The Oakland California school board unanimously voted to abolish the police. in local public schools. Minneapolis City Council did the same thing.
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3. House of Representatives voted along party lines to make Washington, D.C., the 51st state. They also want to redesign our national flag. Two more Senators would give give them the majority who — given the partisan makeup of the Swamp — will always be Democrats.
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With a permanent majority in the Senate, and the filibuster gone, Democrats will be able to redesign the country, even without passing a constitutional amendment. They will be able to expand the Supreme Court and pack it with liberals with just a simple majority. They will be able to make all eleven-million-plus illegal aliens in the country voting citizens, permanently altering the electorate in Democrats’ favor. They will pass a version of the Green New Deal. And so on.
The Democrats knew a D.C. statehood bill would not pass now; their goal is to soften opposition so that they can pass it next year with minimal opposition, if and when they sweep the November elections.
This is how close they are to a COMMUNIST victory and why Obama has jumped on the bandwagon for MAIL IN BALLOTS to control the election outcome. They are salivating for a victory. They have to keep the virus scare alive even though about 90% are asymptomatic – they hide that….they know people easily submit to fear. Fauci and others are leading the charge on that.
Obama Soliciting Funding for Vote-by-Mail Effort
BY JOSHUA KLEIN 28 Jun 2020
Former President Barack Obama sent out an email blast yesterday soliciting individuals to donate money to fight “voter suppression” by advocating vote-by-mail, early voting, and online voter registration.
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https://www.breitbart.com/politics/2020/06/28/obama-soliciting-funding-for-vote-by-mail-effort/
3 years ago
Once again, Geller steps up to take the lead. SCOTUS has already gone against the freedom of religion on this issue, allowing the governor of California to limit the number of participants under certain conditions. Geller, undaunted, comes back at the system again. I am praying for God’s hand to stay over her, her team and our country.
3 years ago
Beautiful.
3 years ago
“The Constitution was written for a moral and religious people.”-John Adams
jus can NOT imagine why lefties, libertaaaarians, and globalists wanna keep importing millions of kafir-phobic, constitution-hating O-holes.
3 years ago
Il Duce is not amused 🙂
3 years ago
Reply to
AlgorithmicAnalyst
I thought his name was Wilhelm, be he did take a fake Italian name. Maybe he’s hoping to be the nexus of italian, german fascism and islam!
3 years ago
Reply to
MuhamMUDTheFakeProphet
Italians were revolted by his eating of pizza With a Fork!
3 years ago
Reply to
MuhamMUDTheFakeProphet
Both Headcase Cuomo and Red Bill would glum unto anything they feel will add to their obvious narssissistic self image with anti-Americans…!
ps – They’re both very out of touch sick warped people…
3 years ago
Reply to
AlgorithmicAnalyst
Hahahah – really not amused when dragged + hung at that gas station huh…!
After a daring rescue he was so arrogant he went back thinking he’d be well received, loved and coronated with great fanfare = NOT…!
Maybe governor ” Headcase Commie Cuomo ” will read this article by the lovely Patriot- Pamela Geller – and the Creepy Dork’ll learn from this historical memo of Il Duche…lol…!
3 years ago
Reply to
AlgorithmicAnalyst
Hahahah – really not amused when dragged + hung at that gas station either.
After a daring rescue so arrogant he went back thinking he’d be well received, loved and coronated with great fanfare = NOT…!
Maybe governor Headcase Commie Cuomo will read this article by lthe ovely Patriot Pamela Geller and the creepy dork will get the memo from the history of Il Duche…lol…!
3 years ago
Go Pam go!
3 years ago
You Rock Pamela!
3 years ago
Thank you, Pamela…..interesting that there aren’t any Republican groups doing that. Our RINOs are useless…and sometimes traitors to our country for their own greedy gain.
