This isn't getting nearly the coverage it should be getting right now, but the Charlottesville government may have just issued a permit denial that will shape the future 1A landscape.
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They could have done this before this August, true. But the violence and death that took place certainly bulwarked the argument.
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Tacitly and explicitly both, the Charlottesville government has *accepted* activist findings regarding threats of violence and presented them as fact.
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This is not just reflected in this denial, but also in the lawsuit they filed against the militias, where they cited an activist-authored document six times.
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If this holds, this will reflect a step beyond the "imminent threat" test established in e.g. Brandenburg v Ohio.
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Whatever comes of this, Charlottesville has finally decided to stick up for its citizens and fight this in court if necessary.
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End of conversation
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They specifically cited “threat of violence”, which may be significant if it’s a response to the specific, poorly chosen wording in the request.
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Absolutely.
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I wonder if this is setting a precedent so much as demonstrating the importance of having a lawyer draft such a request.
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Like, do you think the legalese version of the request would have been denied?
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Yeah. For at least reasons 1 and 2.
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I hope so!
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Gainesville established unreasonable cost. Half a million dollars spent to keep things (mostly) nonviolent. Also established thresholds and standards for law enforcement going forward, IMO.
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I down with shutting all Nazi/White Supremacist/White Nationalist and “altright” rallies down forever.
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