Sunny Days in Heaven
Spiritual/Political/Philosophical Blog on the Nature of Truth and Falsehood and Heaven

Thursday, January 15, 2004  

Uncivilizing judges

A few days ago I made a comment in my blog about my efforts to curtail barking dogs around my house.

I wrote about the grim reality if you go to court where, judges simply cannot be trusted in these matters. They live in gated communities with association rules, and tend to automatically assume that anyone who takes a case so far as to his court is likely a crackpot and intolerant busybody. Such plaintives can expect little sympathy from judges. [In fact, it seems that judges have lost all interest in doing the basic work of maintaining a civil society which depends on enforcement of the "little things".]

Lo and behold, but in Montana (that's how widespread liberal perversity has gotten) an older man was arrested and convicted of disorderly conduct for telling some youths in a stereo blasting car to get out of town. His conviction was upheld by the State Supreme Court.

HELENA - Allison Chapman was fed up that night, fed up with teenagers routinely driving the streets of Geraldine playing loud music on their car stereos into the late hours.

But his attempt to discourage the practice was disorderly conduct, for which he was rightly convicted, the Montana Supreme Court has ruled.

A five-judge panel said Tuesday that Chapman's effort to disperse a carful of teens from a public road in front of his house by shouting at them to get out of his town was a crime. Chapman was wrong in arguing that no one's peace was disturbed by his actions, the court said.

"In court papers, he recalled telling the youths, "You can't come into this town and drive around all night disturbing people. I just called the police. You're going to jail tonight."

Chapman, who denied shouting or yelling, acknowledge he was angry and that he used an expletive to order the teens to leave town, even though they were not playing music in the car at the time.

"I have every right to do this," he said.

Three of the children testified that Chapman did yell at them and they were scared as they drove away. Prosecutors said Chapman's use of threatening conduct and language is not speech protected by the constitution and was rightly considered disorderly conduct.

Chapman contended that, since no argument, fight or confrontation was involved, he could not be guilty of a crime.

But the Supreme Court disagreed.

He's going to appeal to Fed. Court, but who knows what they'll say. When a man can't tell a bunch of kids to pipe down and move on, well, you know the rest. Sigh.

Link via Drudge

posted by Mark Butterworth | 7:36 PM |