From the Supreme Court of the United States of America, 1938, Lovell v. Griffin
"Syllabus
1. Whether a federal question was properly presented to and decided by a state court is itself a federal question, to be decided by this Court upon appeal. P. 450.
2. Freedom of speech and freedom of the press, which are protected by the First Amendment from infringement by Congress, are among the fundamental personal rights and liberties which are protected by the Fourteenth Amendment from invasion by state action. P. 450.
3. Municipal ordinances adopted under state authority constitute state action within the meaning of the Fourteenth Amendment. P. 450.
4. A city ordinance forbidding as a nuisance the distribution, by hand or otherwise, of literature of any kind without first obtaining written permission from the City Manager, violates the Fourteenth Amendment; strikes at the very foundation of the freedom of the press by subjecting it to license and censorship. P. 450.
So held as applied to distribution of pamphlets and magazines in the nature of religious tracts.
5. The liberty of the press is not confined to newspapers and periodicals. It embraces pamphlets and leaflets. P. 452.
6. One who is prosecuted for disobeying a license ordinance which is void on its face may contest its validity without having sought a permit under it. P. 452. "
Again, if I were Mr Hartzman I would call my lawyer and sue the City of Greensboro and the Greensboro Farmers Market for violating my right to free speech. There's a hugh chunk of change awaiting Mr Hartzman at the expense of the City of Greensboro and being that "riots" and law suits are the only things the status quo fears I say the more the merrier.
This is how Mr Craft and the rest of Greensboro's elitist status quo plan to keep candidates like George Hartzman, Katei Cranford, Ben Holder, Chris Lawyer, Sharon Hightower, Jamal Fox, Corey Pysher, Wendell Roth, Alex Seymour and others who will resist the elitist status quo, TREBIC and the Simkins Pac out of the picture and out of voters' eyes and minds.
Update: The Guilford County Board of Elections weighs in: An e-mail from Charlie Collicutt, Director of Elections, Guilford County Board of Elections to George Hartzman after reading this blog post.
"George,
You know my position, which isn’t much of one since I have no decision making powers here. I’ve got a small little jurisdiction, and campaigning (other than the money and where you campaign on election day) is not something I have any power over… lucky me.
I talked to Mr. Shah-Khan and thought it would be best if you went through him on Greensboro matters. Not because you are Greensboro candidate, but because you are discussing city property.
But, I do believe that as an official candidate with official campaign materials, you were campaigning. I know you have rights in this area, but I can’t advise the City one way or another on that.
Charlie Collicutt
Director of Elections
Guilford County Board of Elections
(336) 641-3836"
As of this posting the City of Greensboro has not yet replied. The mark of the guilty party?
