Tuesday, December 22, 2015

OMG TRO MOA BLM WTF #belaborthepoint

The holiday season is upon us and as always, there are plenty of returns:
With a planned demonstration by Black Lives Matter at the Mall of America less than two days away, a Hennepin County judge on Monday heard arguments over whether the shopping complex has the right to a restraining order against protesters.

In its request, the mall named four leaders of Black Lives Matter and asked Judge Karen Janisch to prevent them from encouraging people to demonstrate Wednesday and to take down any social media messages about the event.

The mall also wanted Black Lives Matter to post a social media message canceling the demonstration and to post a copy of the judge's restraining order, if one is issued.

Attorney Jordan Kushner, representing the named Black Lives Matter leaders, said the mall seeks to restrict the constitutional right to free speech.
I don't have a dog in this fight, but I suspect the entire BLM movement is running out of gas. The Jamar Clark case gave them an excuse to continue protesting, but it's difficult to see the point of returning to the Mall of America, other than to be irritating. And while you can argue that BLM is championing free speech, they aren't necessarily fans of due process, as the Star Tribune reports:
Organizers have no plans to halt the demonstration, they say, unless authorities release the tapes related to Jamar Clark's case, prosecute police by special prosecutor without a grand jury and bring federal terrorism charges against those accused of shooting five protesters in November near a protest at the Fourth Precinct police headquarters.
Can't have a grand jury involved, because they might not reach the decision that BLM wants. Actually, my favorite novel legal theory from BLM is this one, also from the Star Tribune article:
This isn't just about Black Lives Matter, Noor said, but for everybody's free speech.

She said the mall is the "people's space" because of all the taxpayer subsidies it has received over the years. She said Janisch appeared open and fair during the hearing.
So, if a homeowner takes out an FHA loan, which is ultimately subsidized by the taxpayers, does that mean BLM has the right to start chanting in your breakfast nook? And next year, do you suppose that BLM will be able to march out on the field during the middle of a Vikings game because their new stadium will also be subsidized by the taxpayers? Good luck with that one.

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