The First Amendment
Amendment I
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The First Amendment of the United States Constitution guarantees people the right to freedom of religion and freedom of expression without the government interference. Freedom of religion allow the people to select which religion they wish to convert into. So therefore, the government are not allow to establish an official religion for the people. Freedom of expression allow the people to express their mind and speak of their feelings. It is there to protect us from government because it is our natural rights.
Safe Beach Now Claims First Amendment Violation
PISMO BEACH - Grassroots group Safe Beach Now says it's working to make the Oceano Dunes and the beach there safe for pedestrians and wildlife by eliminating gas powered vehicles that make it the only off-road state park of its kind in the country.
Safe Beach Now members had been videotaping the dunes to document what they claim are violations of public safety and environmental protection by off-roaders.
The group uses the video for a community access show it produces on local cable systems.
Earlier this year complaints against Safe Beach Now were filed with the State Film Commission saying the group should be required to get a commercial filming permit which typically requires buying an expensive liability insurance policy.
"The permit would only be good if we have many days up front warning and if we did not film on weekends or on holidays", says Safe Beach Now organizer Dr. Nell Langford.
Until it applies for a permit, Safe Beach Now has been told to stop videotaping on the dunes or risk arrest.
"The criteria was set out as to how they get the permit, contact the department, the district superintendent, determine if a permit is required and then facilitate that permit", says Oceano Dunes State Park Superintendent Andy Zilke, "but that never occurred."
Safe Beach Now argues it's not a commercial enterprise and should be exempt from the permitting process.
"We are not interfering with any of the public's activities at the dunes", Langford says, "we are not increasing liability in anyway and nothing we do is for commercial interest of any kind therefore no permit is required."
The group has hired the First Amendment Project law firm in Oakland, Ca. which has written a letter to the State Film Commission and State Parks and which your Central Coast News has a copy of
The letter seeks to clarify the non-commercial status of Safe Beach Now and assert the group's constitutional right to be allowed to videotape at the dunes.
"We have challenged a bully", Langford says, "a bully that is trying to deprive us of our First Amendment rights by asking us to get a permit and million dollars worth of insurance to video tape activities in their domain that are illegal, dangerous and obscene."
Zilke says his office remains open to Safe Beach Now to clear up any confusion.
"I just welcome the opportunity for these folks to come to us to talk about whether a permit is required", Zilke says, "it may not be."
A State Parks Department official in Sacramento is expected to reply to the letter from the First Amendment Project.
In the meantime Safe Beach Now says it will continue campaigning against allowing vehicles on the dunes.
Click the link for video.
I think they are not violating the First Amendment because the video is not using as a commercial advertisement. The video is to inform how dangerous vehicles on the dunes to pedestrians and wildlife animals.
posted by Hoan T. @ 5:34 PM
1 Comments:
This is in my eyes, the single most important amendment. It lays the groundwork for all of our rights as American citizens and ensures that we are protected by and from our government.
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