ACLU Files Court Brief On Behalf Of Craig

McClatchy Newspapers:

The American Civil Liberties Union has filed a friend-of-the court brief on behalf of Sen. Larry Craig, R-Idaho, saying Minneapolis airport police violated his Constitutional right of free speech in charging him with disorderly conduct after arresting him in an airport men's room.

The ACLU filed its brief in the same Minnesota court where Craig is hoping to withdraw a guilty plea in connection with soliciting sex from an undercover police officer in the men's room of the Minneapolis airport. The Idaho conservative, who rarely counts the civil liberties group as an ally, is scheduled to appear in court on Sept. 26.

Read the entire article here.

Read the whole story: McClatchy Newspapers

Comments

[IMD]

Oh, and as for the ACLU defense... priceless poetic justice! I guess the rightwing ACRU is too busy defending America from the ACLU to get involved in this one, but it's still early.

[IMD]

According to the website, the MPD mission statement reads: "To prevent crime and improve community satisfacti­on."

Hmmm... preventing crime... what a concept.

I would bet, however, that the MPD would rather be out catching the hard-core bad guys on the streets, rather than self-hating I'm-not-gay homosexual­s/bisexual­s prowling airport rest rooms, but the governor is a Republican, so anything gay is most likely a priority. Sheesh, someone has to think of the children..­.

[Pete Ross]

This is simply proof that the ACLU will fight for Constitutional rights, no matter how repugnant the individual whose rights were abridged is.

The only reason for the existence of the ACLU is to fight for our Constitution and an individual's Constitutional rights. Do you think Craig will fork up $25 and become a card carrying member?

[JayWilliams]

I disagree that the ACLU is doing the right thing here. There are plenty of cases and people needing legal help---and ACLU comes to the aid of wealthy: Limbaugh, Craig, and others. This is wrong.

[autodefensa]

The ACLU has made a number of bad moves. In this case they filed a friend-of-the-court brief rather than actually taking on Craig's case. I'm also opposed to legal assistance for the wealthy. Let them pay for their own lawyers.

[barrycourage]

This is not a surprise. The American Civil Liberties Union is about--duh--civil liberties!

They represented the Nazis when the Village of Skokie, Ill. tried to charge them an astronomic fee for a parade permit. The government of Skokie--a predominantly Jewish town, with many Holocaust survivors--thought the Nazis' planned parade would be tantamount to a mass cross burning frenzy.

But the ACLU contended that unpopular speech is still speech. The First Amendment dictates that unpopular or offensive speech can't be squelched (or subject to discrimination in terms of public accommodation). The Illinois Supreme Court and the U.S. Supreme Court found in favor of the ACLU and the Nazis.

Craig didn't have sex in the restroom. It was inferred that he was trying to by the cop who arrested him. The wide-stance tap dance and acrobatic toilet paper floor fetch might not have been explicit overtures for sex either in private or public. The cop might have thought it offensive--but so what?

The ACLU might have a solid case.

Interesting that there evidently is a lot of traffic to that restroom to see the infamous stall.

If the ACLU wins, perhaps the airport would erect a monument to free speech on the site. Picture a marble sculpture--large, phallic, with a mouth on top and a bronze plaque at the bottom quoting the First Amendment.

The Rockettes would tap dance at the dedication ceremony. Toilet paper bunting would abound.

Ah, to fete our right to free speech!

[autodefensa]

The ACLU did wrong in defending the Nazis. The Nazis enjoy special police protection in violation of the rights of others.

[RogerHWerner]

The ACLU did the right thing with Craig. Being an asshole doesn't mean the 1st Amendment doesn't apply to him. When will people realize that entrapment regardless of how noble the justification is not only wrong (and illegal) but it is counterproductive. If trolling men's rooms for homosexuals is the most effective use of police then we are in serious trouble.

That said, I don't believe for a minute the man is innocent of what he is accused of doing. The dickhead got caught, he freaked at the thought of what the publicity would do to his image (think of Bill Clinton and what he tried to prevent by his lying under oath), and copped a plea to a lesser charge. Was he entrapped or was he simply trapped (caught)? Good question. Craig wouldn't be in this situation if he wasn't cruising the men's room in the first place. I find it incredible to think anyone could be entrapped into doing what Craig did. Considering that traps (police can legally trap someone in a crime as long as they don't "entrap" them using ridiculously narrow definitions) are a time honored law enforcement tool that the courts support and the ACLU hates, it will be interesting to see how this plays out. Anyone care to bet that Craig won't shun the ACLU's help?

[Gary47]

Extremist right-wing bigot defended by the ACLU. Wow! I could not make this stuff up.

[autodefensa]

From the article:
"'It is not a crime to solicit sex that would occur in private,' Romero said. 'It is a crime to solicit sex that would occur in a public place. What the state failed to show was that Senator Craig clearly expected to have sex in public.'"

This is what I've been arguing. The airport restroom might not be the ideal place for performing sex acts, but Sgt. Karsnia would seem to be imitating a hooker who might offer services to traveling businessmen. If this were the case, the planned sex act could take place elsewhere.

"The ACLU brief also argues that there are plenty of less-invasive ways for law enforcement to stop nuisance behavior, such as posting signs warning people that sex is banned in the restroom and sending in uniformed officers to patrol."

Indeed law enforcement could behave a lot better.

It's unfortunate the ACLU is probably financially unable to defend less prominent victims of overzealous policing.

[mollywood]

The ACLU going to bat for Larry Craig? He hates those people but he sure is finding out how much they can help him now! This is TOO funny! Imagine ........ What will his right wing buddies think? How many times do you think in his life, he's scoffed at the ACLU? He's probably called them commies for sure!!! Bwahahahah­ahahahaha!

[shockmagog]

It happens time and again--they'll spout hatred for the ACLU--until they find themselves in need of their services.

[LorettaSingbiel]

"It happens time and again--they'll spout hatred for the ACLU--until they find themselves in need of their services."

And they spout hatred for "the gay lifestyle" -- until one of THEIR OWN gets caught with their pants down! THEN they CRY FOUL!!!

Stay safe, healthy and happy,
Love, Loretta

[lentinelia]

The ACLU said ""It is not a crime to solicit sex that would occur in private," Romero said. "It is a crime to solicit sex that would occur in a public place. What the state failed to show was that Senator Craig clearly expected to have sex in public."

Out of absolute necessity I sometimes use a public restroom. Is there no law to prevent someone from approaching me in this setting?
If a private stall in a public bathroom is not a "public place" - then is there no right to privacy in this "private place"?

I do think that entrapment is the issue. But in this case, it appears that Craig was not being solicited or inticed into offering a solicitation.

[mollywood]

Are you for real? Read what you just posted! Mumbo Jumbo, for sure!

[robinho]

good for them. i also love to watch hateful hypocrites like craig squirm and fall from power, but the idea of a law enforcement officer being given this type of assignment is quite frightening.

[mollywood]

There should be police in men's bathrooms where Republicans go......I mean, that's their favorite haunt, no? Especially the Christain ones!!!

[wordvarc]

Strange bedfellows­...er ugh humn...

'stall-fellows!

.

[cynara]

Good. I like seeing a hypocrite being outed as much as the next person. But the idea of someone being arrested for lewd behavior, when lewd nothing was exposed, or being charged with soliciting sex, even before a word of solicitation was offered, bothers me more than hipocracy. (Even if the victim was Larry Craig.)

Also, isn't sexual solicitation for MONEY a crime? A grown up interested in sexual activity with no money exchange shouldn't be (or every man in my town bar would be guilty). Even if his actions in the bathroom suggested that was his goal, what assurance do we have that he wouldn't have wanted to take the actual action elsewhere?

[Avantdan]

The ACLU did a similar thing with Rush Limbaugh's doctor shopping incident. Oh the irony of it all. The ACLU, unlike Craig, has integrity.

And this is why we are right.

[yellowdawgdem]

The ACLU will fight for someone who scorns them, because they believe in the sanctity of the 1st Amendment.

[mikegoodyearaz85338]

Since when does the first amendment give you a right to have sex in a public bathroom?

[Nephi]

Bwahahahahaha!!!

Now Craig is finished for sure - he'll be branded an ACLU-lovin' liberal. Too funny.

[ChicaOfLight78]

Mike, please point out when Senator Craig had sex in the restroom. He was accused of INTENDING TO HAVE SEX IN A PUBLIC RESTROOM. He never had it, however!