Nobody REALLY Likes the

First Amendment…
(Not Until THEIR Rights Are Challenged)

Unlike Dr. Martin Luther King, the “Pro-Raza” Activists, Media, Politicians,
ACLU, Arizona Courts, Law Professors, etc. Only Want to Protect Rights On
the Basis of Skin Color, Ethnicity and Political Viewpoint

April 27, 2010

CSII Press
Tucson Arizona

In the wake of Governor Brewer signing Arizona’s landmark SB-1070 we’ve heard
all kinds of folks, from President Obama and the Reverend Al Sharpton on down
to Left Wing Activists on the streets of Tucson, pontificate and lecture on issues
such as “Racial Profiling,” “Civil Rights,” and other Very Important Things They
Really Know Very Little and Could Care Even Less About.

If you didn’t know better you might think America was rapidly becoming a hot
bed of civil libertarians and champions of constitutional rights.

Trouble is, most of the folks named in the sub-heading above (who Really Should
Know Better) are mighty selective when it comes to deciding whose rights should
be protected and who must be silenced.

Here’s the Notorious Mexican Flag Burner’s view: If we don’t protect the rights of
all of us, then none of us are protected. Period. End of story.

This happens to have been the viewpoint of Dr. Martin Luther King, who Got His
Head Blown Clean Off because he dared to dream and work for a day when the
rights of all Americans would be protected, no matter what the color of their skin
(political viewpoint or ethnicity.)

Therefore: In deference to Dr. King and America’s civil rights past, What’s Really
Going On in Tucson?

Consequent to the all the furor surrounding SB-1070, conspicuously absent from
the street debate is the voice and presence of Tucson Activist Roy Warden, whose
rights to speech and assembly have been (unconstitutionally) suspended by a
(“transparently invalid”) Order of the Tucson City Court.

“Prior Restraint” of First Amendment liberties in a traditional public forum is

expressly forbidden by the U.S. Supreme Court and the Arizona Supreme Court—
yet Warden now faces arrest if he takes to the street and speaks out regarding
Pima County and Tucson Open Border Policy, which Warden contends was the
express motivation for Arizona SB-1070 in the first place.

Think Such Things Can’t Happen Here in America?

Think again. Fact is, Tucson City Attorney Alan Merritt is currently prosecuting
Warden just for showing up to speak down at Tucson’s Library Park late last year.

You remember Alan Merritt, don’t you? (Just Google Alan Merritt Tucson)

Merritt’s the Same “Oaf” who spent 2 years prosecuting Warden for Burning the
Mexican Flag in 2008, even though his boss, Mike Rankin, wrote an opinion
letter in 2006 which stated Burning the Mexican Flag was protected by the First
Amendment.

Now, just how Stupid can Stupid be?

Warden’s Mexican Flag Burning case was (finally) dismissed several weeks ago by
the Order of Tucson City Court Judge Thomas Berning.

(“Tucson Judge Tom Berning Protects Mexican Flag Burning?” Priceless! Only in
Tucson will you find this shtick. Even Hollywood wouldn’t dare Make This Up!)

However; even though Warden won his Mexican Flag Burning Case (Warden
will now sue in federal court to redress the intentional violation of his rights) and
Very Important Issues such as Prior Restraint and a host of other Constitutional
Horribles is now before the Arizona Supreme Court, the media’s silence has been
deafening.

So, Listen Up, constitutional scholars and true civil libertarians: read Warden’s
Petition for Special Action to Division II and his Petition for Review to
the Arizona Supreme Court.

Because—even though the Media, the ACLU, Rogers Law Professors (every one
of them blocked Warden’s email plea for help), Pima County Legal Defender
Isabel Garcia, Kat Rodriquez, etc., have All Shot Their Big, Fat Mouths Off about
“Civil Rights,” They Could Really Care Less About Constitutional Rights, unless
they can use the issue to advance their own particular left wing, “Pro-Raza”
agendas and shut their opponents up.

The unvarnished truth is very simple: When the Arizona Supreme Court Finally
Gets Off Their Fat, Righteous Asses, Rules and Protects Warden’s Rights, They
Will Protect the Rights of All Americans, Irrespective of Political Ideology, Skin
Color or Ethnicity.

That means Warden will have protected the Civil Rights of Everybody (even the
“Pro Raza” folks) for the time when the Dreaded Right Wing Thugs take power.
You See, when it comes to such principles as Equal Protection Under the Law,
here in America real civil libertarians don’t consider irrelevancies such as Skin
Color, Ethnicity, Gender, Sexual Orientation, Political Viewpoint or anything else
for that matter.

Real Americans believe the Violation of Anybodies’ Civil Rights is Always Evil—
just like Dr. King said.

Roy Warden, Director

Tucson Weekly Public Forum
roywarden@cox.net