[55] in libertarians
Concord, NH vs. First Amendment
daemon@ATHENA.MIT.EDU (Gary McGath)
Mon Jul 4 07:42:49 1994
Date: Mon, 4 Jul 1994 07:44:39 -0500
To: libertarians@MIT.EDU, safe@MIT.EDU
From: gmcgath@mv.MV.COM (Gary McGath)
(Posted to these lists at Kevin Theobald's request, for the light it
sheds on the current state of ACLU affiliates)
The Concord, N.H. police department and city prosecutor Scott Murray
apparently believe that the U.S. Constitution doesn't apply in
Concord. Edith Moser of Concord has been arrested and charged with
disorderly conduct for the "crime" of allegedly using the words "nigger"
and "bitch" with respect to their neighbors. Moser was released on
$400 bail and is scheduled for trial in the Concord District Court
on July 20.
Articles in the Concord Monitor state that Murray is relying on the
seldom-used "fighting words" argument: if someone would physically attack
you for what you've said, then that makes *you* a criminal. The precedent
Murray cited is even more alarming than the charge itself: he cited a
1940's case in which someone was convicted of disorderly conduct for
calling a Rochester (N.H.?) city marshal a fascist. The implication
is clear: anyone with the guts to identify Scott Murray as the fascist
he is, is risking arrest.
The New Hampshire Civil Liberties Union is, of course, coming to
the rescue. And if you believe that, I'll add that Santa Claus is
coming down your chimney this Christmas. The NHCLU's Claire Ebel,
while admitting that the city will probably lose its case, said
(quoting the Concord Monitor) "the Concord police responded properly
in bringing disorderly conduct charges."
