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Title: Cops Shutdown High School Kids Trying to Earn Money by Shoveling Snow
Source: Free Thought Project
URL Source: http://thefreethoughtproject.com/co ... ids-earn-money-shoveling-snow/
Published: Jan 28, 2015
Author: Matt Agorist
Post Date: 2015-01-29 03:10:32 by Deckard
Keywords: None
Views: 23311
Comments: 77

In America, “Land of Opportunity,” you are free to pursue your dreams of financial freedom, provided you have filled out the proper form and been extorted by the proper bureaucrat.

Two teenage boys from Bridgewater, New Jersey are getting a hard does of this statism after their pursuance of financial freedom landed them in hot water with the fuzz.

Earlier this week, Matt Molinari and his friend Eric Schnepf, both seniors in High School, were going door-to-door advertising their snow shoveling services in advance of the storm. School was out, and instead of sitting inside and playing XBOX, these two young entrepreneurs felt the fire of enterprise and decided to turn their down time into an actual dime.

However, Molinari and Schnepf apparently didn’t realize that in order to make a dime you have to pay a quarter — to the state. When the two boys were out trying to rustle up some business during what they saw as an opportunity, along came the uniformed agents of the state, to put this unapproved business venture out to pasture.

“We weren’t looking to break the law. We just didn’t know the law,” Molinari tells Jim Smith on his WCBS 880 radio show.

The cops then gave these two kids a lesson in statist economics, which consequently ended their high school snow shoveling business.

“They need a permit, unpermitted solicitation is not allowed,” Molinari said, recalling what the police told them.

In this particular county, anyone selling goods and services door to door must apply for a license that can cost as much as $450 for permission that is valid for only 180 days; after all freedom ain’t free.

“We don’t make the laws but we have to uphold them,” Police Chief Michael Jannone said Tuesday, in true statist fashion, after reading some of the online comments about the incident.

The teens’ story quickly started gaining traction in a local Bound Brook Facebook group after a resident witnessed police shaking down Schnepf after going to his door.

“Are you kidding me? Our generation does nothing but complain about his generation being lazy and not working for their money,” he wrote on Bound Brook NJ Events‘ page. “Here’s a couple kids who take the time to print up flyers, walk door to door in the snow, and then shovel snow for some spending money. And someone calls the cops and they’re told to stop?”

The two teens have, rightfully so, been met with loads of support.

After being questioned by reporters and seeing the backlash against them, the Bound Brook police chief did some back peddling and told MyCentralJersey.com they are not cracking down on kids shoveling, but rather that it was a state of emergency and should not have been out.

Unfortunately the young entrepreneurial spirit is often stomped into a sad puddle in this land of the ostensibly free. Similar bans around the country have nixed the learning stages of free enterprise by putting an end to practices such as lemonade stands and selling Girl Scouts cookies.

In October of 2013, The Free Thought Project reported on the incident in Washington DC in which dozens of cops were dispatched, not because there were armed gunman threatening to kill hostages, or because of a bomb threat, or riot, but because a group of rowdy kids would dare sell lemonade, without a permit.

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#1. To: Deckard (#0)

Cops Shutdown High School Kids Trying to Earn Money by Shoveling Snow

Stupid, stupid, stupid...

rlk  posted on  2015-01-29   3:39:51 ET  Reply   Trace   Private Reply  


#2. To: Deckard (#0)

“We don’t make the laws but we have to uphold them,” Police Chief Michael Jannone said Tuesday, in true statist fashion, after reading some of the online comments about the incident.

High-density areas like NJ have these laws to stop bums from harassing homeowners. Otherwise, they can wander around pestering people any time they want.

It isn't a constitutional right to make a sales pitch for your services on someone's front step.

It brings to mind FNC's constant bitching over lemonade stands. They have at least one major snit every year over kids selling lemonade, often in high-traffic venues where all other food vendors have to be licensed and inspected.

The place to change laws is in your legislature, not by whining about the cops enforcing the laws. But there is little support for changing these laws because they were passed for a reason.

Tooconservative  posted on  2015-01-29   5:22:44 ET  Reply   Trace   Private Reply  


#3. To: Deckard, rlk, TooConservative, GrandIsland, Palmdale, All (#0) (Edited)

Two teenage boys from Bridgewater, New Jersey are getting a hard does of this statism after their pursuance of financial freedom landed them in hot water with the fuzz.
The boys were never in “hot water with the fuzz” and they did not get a "hard does of statism."
… along came the uniformed agents of the state, to put this unapproved business venture out to pasture.
The police did not just come along. A resident on the street called to report “a suspicious person” with curly blond hair and a hoodie was walking through yards, a police officer was dispatched to check it out. The responding police simply told the two boys that it wasn’t safe to be out at night during a declared state of emergency, they should come back during the day.

Bound Brook, like many municipalities in the state and country, has a law against unlicensed solicitors and peddlers. The spirit of the ordinance is to protect residents from gypsy activity. People will solicit door to door and target the elderly and get into their house. The enforcement of this ordinance was never called into question here.

Bound Brook Police Chief Michael Jannone said his department has no interest in cracking down on kids who want to shovel sidewalks or driveways. The law was made for transient scam artists who prey on the vulnerable, he said. Jannone said the two young businessmen were not arrested or issued a ticket. He also said the fliers that the two young men were handing out had their first names and cell phone numbers. "People doing something illegal probably won't extend this much identifying information," he said.

It was never a violation of the ordinance in any way. It was despite that rule, the police’s concern was someone walking through the yards at night with a hoodie. It was the police’s further concern was about them being outside during dangerous conditions. It was never that they were unlicensed.

…along came the uniformed agents of the state, to put this unapproved business venture out to pasture.
No “unapproved business venture” was put out to pasture. The police had a discussion with the boys and told them they only needed permission to go door to door, and they were still allowed to shovel walkways when residents called them. The boys were in no way restricted from capitalistic pursuit.
The cops then gave these two kids a lesson in statist economics, which consequently ended their high school snow shoveling business.
This never happened. The pair managed to get five jobs by early Tuesday afternoon, earning between $25 to $40 a house. "We don't really bargain," Schnepf said. "We help some people out and get whatever they're willing to pay." It was reported that the teens took the incident in stride. "The cops were nice about it. They weren't jerks. They were trying to make sure everything is OK," Molinari said Tuesday.

It is high time for those who condemn the police to realize the police do not make laws, but they do have to uphold them. No one should get upset at the police for enforcing laws. If anyone is unhappy about a law, they should direct their frustrations at those who made the laws. Similar bans around the country have put the kibosh on other capitalist rites of passage, such as lemonade stands and selling Girl Scouts cookies. Such laws have been challenged elsewhere on the grounds that they violate the First Amendment right to free speech. The American Civil Liberties Union of New Jersey, for example, is suing New Brunswick over a similar law that prohibits panhandling and begging. Good on the ACLU for doing that.

“Cops Shutdown High School Kids Trying to Earn Money by Shoveling Snow” published by Free Thought Project is yet another classic example of yellow journalism not presenting the truth and spinning partial facts to promote their agenda.

Aren’t you glad you now know the truth about what happened to the two boys’ involvement with the police in Bound Brook? I am.

Information from: mycentraljersey.com.

Gatlin  posted on  2015-01-29   5:40:02 ET  Reply   Trace   Private Reply  


#4. To: Deckard (#0) (Edited)

I'm sure if Deckard or InfoWad were to be stopped by the police and questioned about violating a law they were unaware of they'd be the first to drop to their knees and beg for mercy so to avoid a ticket and a confrontation. All talk and no cattle with this pair.

Vinny  posted on  2015-01-29   5:55:26 ET  Reply   Trace   Private Reply  


#5. To: TooConservative (#2)

It isn't a constitutional right to make a sales pitch for your services on someone's front step.

These were kids trying to earn a few bucks shoveling snow, not Jehovaah's Witnesses.

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-01-29   5:55:54 ET  Reply   Trace   Private Reply  


#6. To: Gatlin (#3)

A resident on the street called to report “a suspicious person” with curly blond hair and a hoodie

OMG! Wearing a "hoodie"!

Run for your lives.

No one should get upset at the police for enforcing laws.

Yeah, they were "just doing their jobs".

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-01-29   5:57:58 ET  Reply   Trace   Private Reply  


#7. To: TooConservative (#2) (Edited)

laws because they were passed for a reason.

Bribes, payola, graft, corruption, sex, drugs, kick backs, intimidation, nepotism, "campaign contributions", etc...

Often, the reason sucks and is illegal. Not to mention the so called "law" is frequently unconstitutional, as well.

And then add in stupid, which fits well in this case.

Isn't there a right to shovel snow in the NJ equivalent of the 9th amendment? As a practical matter they couldn't list everything that the government was prohibited from interfering with.


The D&R terrorists hate us because we're free, to vote second party

"We (government) need to do a lot less, a lot sooner" ~Ron Paul

Hondo68  posted on  2015-01-29   6:02:22 ET  Reply   Trace   Private Reply  


#8. To: Deckard, TooConservative, All (#5)

These were kids trying to earn a few bucks shoveling snow,

There was no problem here. The kids did earn more than a "few bucks" shoveling snow. The next day "the pair managed to get five jobs, earning between $25 to $40 a house."

Gatlin  posted on  2015-01-29   6:03:20 ET  Reply   Trace   Private Reply  


#9. To: hondo68 (#7)

Not to mention the so called "law" is frequently unconstitutional, as well.

When to your memory has a local law or ordnance been struck down because it was unconstitutional? The reason I ask is because every PAYtriot I've met loves to belt out that comment while never doing a constructive thing to change matters.

Vinny  posted on  2015-01-29   6:08:02 ET  Reply   Trace   Private Reply  


#10. To: Vinny (#4)

I'm sure if Deckard or InfoWad were to be stopped by the police and questioned about violating a law they were unaware of they'd be the first to drop to their knees and beg for mercy so to avoid a ticket and a confrontation

Piss off badge bunny

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-01-29   6:09:32 ET  Reply   Trace   Private Reply  


#11. To: Deckard (#10)

Piss off badge bunny

Well there you have it. The big, bad Deckard tosses back a comment worthy of a pimply faced teen rather than a big, tough cop basher.

The standard Deckard response when encountering a police officer: "Yes officer, sorry officer, I had no idea officer, please officer"

Vinny  posted on  2015-01-29   6:16:37 ET  Reply   Trace   Private Reply  


#12. To: Vinny (#11)

This Comment was removed by Stone

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-01-29   6:22:53 ET  Reply   Trace   Private Reply  


#13. To: Deckard (#6)

A resident on the street called to report “a suspicious person” with curly blond hair and a hoodie
OMG! Wearing a "hoodie"!
Run for your lives.
It would not be necessary to “run.”

But a person walking across the yards in a neighborhood at night should be approached with caution.

Geraldo Rivera: ‘The Hoodie Is As Responsible For Trayvon Martin’s Death As George Zimmerman’
No one should get upset at the police for enforcing laws.
Yeah, they were "just doing their jobs".

Yes they were.

And you should think of them as the thin blue line standing between us and the hordes of criminals waiting to rob us blind, rape our sisters and mothers, or murder us in our beds.

Gatlin  posted on  2015-01-29   6:23:15 ET  Reply   Trace   Private Reply  


#14. To: Vinny, *Constitution Party* (#9) (Edited)

When to your memory has a local law or ordnance been struck down because it was unconstitutional?

never doing a constructive thing to change matters.

Is "everyone's doing it" a good reason for committing evil deeds? Evil & corrupt judges and prosecutors need to be removed.

Voting for something other than Republicans or Democrats is very constructive. You ought to try it once in a while.


The D&R terrorists hate us because we're free, to vote second party

"We (government) need to do a lot less, a lot sooner" ~Ron Paul

Hondo68  posted on  2015-01-29   6:23:17 ET  Reply   Trace   Private Reply  


#15. To: Gatlin (#13)

And you should think of them as the thin blue line standing between us and the hordes of criminals waiting to rob us blind, rape our sisters and mothers, or murder us in our beds.

Alternate text if image doesn't load

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-01-29   6:25:49 ET  (1 image) Reply   Trace   Private Reply  


#16. To: Deckard, Vinny (#10)

Piss off badge bunny

Let no corrupt communication proceed out of your mouth, but that which is good. ~ Ephesians 4:29

Clean and intelligent language is evidence of a bright and wholesome mind.

Gatlin  posted on  2015-01-29   6:27:04 ET  Reply   Trace   Private Reply  


#17. To: Deckard (#15)

Drama Queen

When we take your story and weave it into a tale of such devastating truth, that is not drama.

Gatlin  posted on  2015-01-29   6:29:00 ET  Reply   Trace   Private Reply  


#18. To: Deckard (#10)

Piss off badge bunny

You need to lay off the insults and just debate.

You name call way to much.

A K A Stone  posted on  2015-01-29   6:45:42 ET  Reply   Trace   Private Reply  


#19. To: TooConservative, Deckard (#2)

High-density areas like NJ have these laws to stop bums from harassing homeowners. Otherwise, they can wander around pestering people any time they want.

It isn't a constitutional right to make a sales pitch for your services on someone's front step.

Congress shall make NO LAW respecting an establishment of religion, or prohibiting the free exercise thereof; OR ABRIDGING THE FREEDOM OF SPEECH, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The State constitutions are the same regarding freedom of speech. A law requiring them to register in order to talk to people is clearly unconstitutional. Because NO law means NO law.

The person could put up a no soliciting sign or no trespassing sign. Then they wouldn't be "bothered". The government licensing this is plainly a violation of the first amendment.

A K A Stone  posted on  2015-01-29   6:54:09 ET  Reply   Trace   Private Reply  


#20. To: Deckard, Vinny (#12)

Comment removed by stone

The right choice of words can cognitively and creatively reorient conversations.

You need to think twice about the vocabulary you use if you want prove your point.

Too often, your foul default language and vulgar clichés dominate your attempted communications.

Try investing some deep thought and effort into language that adds real value.

Gatlin  posted on  2015-01-29   7:00:11 ET  Reply   Trace   Private Reply  


#21. To: Gatlin (#3)

It was the police’s further concern was about them being outside during dangerous conditions.

Why was the officer outside if it was so dangerous?

Walking in the snow isn't dangerous. Even if it is deep.

A K A Stone  posted on  2015-01-29   7:00:33 ET  Reply   Trace   Private Reply  


#22. To: Gatlin (#17)

When we take your story and weave it into a tale of such devastating truth, that is not drama.

Your laughable contention that "...the thin blue line standing between us and the hordes of criminals waiting to rob us blind, rape our sisters and mothers, or murder us in our beds." is a text book example of a drama queen remark.

Cops are not there to protect and serve.

I guess you missed the Supreme Court ruling.

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-01-29   7:02:15 ET  Reply   Trace   Private Reply  


#23. To: Gatlin (#3)

The boys were never in “hot water with the fuzz” and they did not get a "hard does of statism."

Facts versus feelings.

"The biggest mistake that libertarians make is the way they view government and private sectors. Government is the root of all evil, and the private sector is the source of all good. Libertarians have never figured out that people are the same whether in the government or in the private sector." --Paul Craig Roberts

Palmdale  posted on  2015-01-29   7:03:10 ET  Reply   Trace   Private Reply  


#24. To: A K A Stone (#18)

You need to lay off the insults and just debate.

Oh but this is OK?

The big, bad Deckard tosses back a comment worthy of a pimply faced teen rather than a big, tough cop basher.

The standard Deckard response when encountering a police officer: "Yes officer, sorry officer, I had no idea officer, please officer"

You might want to check out this Vinny character - looks like another multi screen name poster.

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-01-29   7:05:04 ET  Reply   Trace   Private Reply  


#25. To: Deckard (#24)

The standard Deckard response when encountering a police officer: "Yes officer, sorry officer, I had no idea officer, please officer"

Tender tender feelings.

"The biggest mistake that libertarians make is the way they view government and private sectors. Government is the root of all evil, and the private sector is the source of all good. Libertarians have never figured out that people are the same whether in the government or in the private sector." --Paul Craig Roberts

Palmdale  posted on  2015-01-29   7:07:28 ET  Reply   Trace   Private Reply  


#26. To: Deckard (#22)

Just yesterday my truck broke down. I was pushing it by myself. Low and behold a cop came up and helped me push it.

He didn't search me. He didn't search my truck. I just said thank you and he went on his way.

In fact that reminds me a couple of years ago my truck broke down on a busy intersection. I was going to have to call a tow truck. Another cop came and helped me. He made me sign a waiver and he pushed my car with his police car to a parking lot. Where I fixed it myself and saved a towing bill and a lot of time.

A K A Stone  posted on  2015-01-29   7:12:56 ET  Reply   Trace   Private Reply  


#27. To: A K A Stone (#21)

Why was the officer outside if it was so dangerous?

Good question. A resident called the police to report someone with a hoodie was walking across the yards in the neighborhood at night and they suspected it may be a burgular.

Also, while it is not listed high among the most dangerous professions, police work is more dangerous than your average profession. I will never argue with the fact that there are time when police officers put their lives on the line….and those who do, deserve our admiration and gratitude.

Walking in the snow isn't dangerous. Even if it is deep.
Walking around at night across yards with a hoodie on can be dangerous, even if there is no snow….something Trayvon Martin would say, if he were here.

Gatlin  posted on  2015-01-29   7:13:30 ET  Reply   Trace   Private Reply  


#28. To: Gatlin (#27)

Why was the officer outside if it was so dangerous? Good question. A resident called the police to report someone with a hoodie was walking across the yards in the neighborhood at night and they suspected it may be a burgular.

That doesn't explain why it was dangerous. That just answers why the officer was there.

A K A Stone  posted on  2015-01-29   7:14:49 ET  Reply   Trace   Private Reply  


#29. To: Deckard, A K A Stone, Vinny (#24)

You might want to check out this Vinny character - looks like another multi screen name poster.

Vinny has been around for years....I assume it is the same Vinny.

Gatlin  posted on  2015-01-29   7:15:13 ET  Reply   Trace   Private Reply  


#30. To: Gatlin (#27)

Also, while it is not listed high among the most dangerous professions, police work is more dangerous than your average profession. I will never argue with the fact that there are time when police officers put their lives on the line….and those who do, deserve our admiration and gratitude.

Walking in the snow isn't dangerous. Even if it is deep. Walking around at night across yards with a hoodie on can be dangerous, even if there is no snow….something Trayvon Martin would say, if he were here.

You should be careful the way you word this. Deckard could come up and use this as proof that the cops are what is dangerous.

A K A Stone  posted on  2015-01-29   7:16:27 ET  Reply   Trace   Private Reply  


#31. To: A K A Stone (#28)

The only answer I could possibley come up with is the Governor had declared a state of emergency and the police officer made that interpretation.

Perhaps he was wrong to do so.

Maybe the article meant that it was dangerous to be walking around in the night with a hoodie on....and the snow aspect just added.

I don't know, I can't give you an answer....I would not see the danger in walking in the snow alone. I don't think that is what the officer was conveying, but of course I am guessing.

Gatlin  posted on  2015-01-29   7:19:28 ET  Reply   Trace   Private Reply  


#32. To: A K A Stone (#30)

Deckard could come up and use this as proof that the cops are what is dangerous.

I read it again....how?

Gatlin  posted on  2015-01-29   7:20:42 ET  Reply   Trace   Private Reply  


#33. To: Gatlin (#32)

It would be spin. Just a joke, maybe not a good one.

A K A Stone  posted on  2015-01-29   7:22:25 ET  Reply   Trace   Private Reply  


#34. To: Deckard (#22)

Cops are not there to protect and serve.

I never said they were here to protect and serve you.

I said: "Your laughable contention that "...the thin blue line standing between us and the hordes of criminals waiting to rob us blind, rape our sisters and mothers, or murder us in our beds." is a text book example of a drama queen remark."

They are the "thin blue line"....you can give whatever job description you deem necessary to fit your agenda.

Gatlin  posted on  2015-01-29   7:24:02 ET  Reply   Trace   Private Reply  


#35. To: A K A Stone, Deckard (#33)

It would be spin. Just a joke, maybe not a good one.

Got it...

I have been up since 3:30 preparing for today's activity.

It is now approaching 5:30 and I didn't have my joke wit turned on yet.

But then, I always realize Deckard tries to spin everything.

Gatlin  posted on  2015-01-29   7:28:49 ET  Reply   Trace   Private Reply  


#36. To: Gatlin (#34)

to fit your agenda.

Your agenda is to blindly defend ALL cops, no mater how corrupt or sadistic they are.

If they violate the constitution, so what?

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-01-29   7:46:58 ET  Reply   Trace   Private Reply  


#37. To: Gatlin (#35)

But then, I always realize Deckard tries to spin everything.

Spin this badge bunny.

70-Year-Old Veteran Abused and Arrested By Power Tripping Cop for Walking with a Cane

Think about that the next time you decide to go for a walk.

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-01-29   7:49:14 ET  Reply   Trace   Private Reply  


#38. To: Deckard (#36) (Edited)

to fit your agenda.
Your agenda is to blindly defend ALL cops, no mater how corrupt or sadistic they are.
If they violate the constitution, so what?

That’s simply not true. My agenda is to pursue truth.

I do so by pointing out the inconsistencies in the articles you post.

This last one you posted was a classic example of yellow journalism.

We had a chance to see two different stories about the same incident and examine them side by side.

I know that some cops are bad and do bad things.

When they do, I want them disciplined or charged if the violated the law.

No one should ever violate the Constitution.

Gatlin  posted on  2015-01-29   7:55:22 ET  Reply   Trace   Private Reply  


#39. To: Deckard (#5)

These were kids trying to earn a few bucks shoveling snow, not Jehovaah's Witnesses.

The law doesn't discriminate among these various sales pitches.

Either everyone pitches or no one pitches on a doorstep.

Tooconservative  posted on  2015-01-29   11:19:32 ET  Reply   Trace   Private Reply  


#40. To: Gatlin (#13)

And you should think of them as the thin blue line standing between us and the hordes of criminals trying to sell us snow shoveling services while actually waiting to rob us blind, rape our sisters and mothers, or murder us in our beds.

And steal our Xboxen!    : )

Tooconservative  posted on  2015-01-29   11:22:25 ET  Reply   Trace   Private Reply  


#41. To: A K A Stone (#19)

OR ABRIDGING THE FREEDOM OF SPEECH, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

All protected political speech.

Our society may tolerate all kinds of speech in the public square.

But a man's home is his castle and you don't just get to make a sales pitch in his house and be protected by the First Amendment.

Tooconservative  posted on  2015-01-29   11:24:51 ET  Reply   Trace   Private Reply  


#42. To: TooConservative (#40)

Xboxen

I had to look that up...

Gatlin  posted on  2015-01-29   11:40:29 ET  Reply   Trace   Private Reply  


#43. To: TooConservative (#41)

But a man's home is his castle and you don't just get to make a sales pitch in his house and be protected by the First Amendment.

There can be no law against it.

The homeowner merely has to put a no trespassing sign or a no soliciting sign.

To communicate to the person said homeowners desire to not be bothered.

Some people don't mind.

IF that is the case then sending unsolicited mail by the postman would also be unlawful.

A K A Stone  posted on  2015-01-29   11:41:34 ET  Reply   Trace   Private Reply  


#44. To: A K A Stone (#19)

A law requiring them to register in order to talk to people is clearly unconstitutional.

In public, yes.

Not in their homes and private property.

Protected speech ends at your property line.

Tooconservative  posted on  2015-01-29   12:06:32 ET  Reply   Trace   Private Reply  


#45. To: A K A Stone, nolu chan (#43)

nolu loves the legal stuff. Maybe he wants to weigh in.

Tooconservative  posted on  2015-01-29   13:04:50 ET  Reply   Trace   Private Reply  


#46. To: TooConservative (#44)

Protected speech ends at your property line.

The person can put up a sign. But it isn't against the law to walk across the lawn to ask a question.

Once the person makes a sales pitch or starts talking. The homeowner can tell them to leave.

It isn't default you can't talk to someone because they live on private property.

Remember there can constitutionally be "no law".

A K A Stone  posted on  2015-01-29   13:53:28 ET  Reply   Trace   Private Reply  


#47. To: A K A Stone (#46)

thanks for the password fix, stone

calcon  posted on  2015-01-29   14:04:59 ET  Reply   Trace   Private Reply  


#48. To: A K A Stone (#46)

You have an elevated notion about the absolutism of free speech.

It isn't as absolute as you like to think it is. The law often tolerates regulation at the state or local level when it would forbid the same activity by the feds.

States and local government have a certain leeway in regulating speech. You may recall how the pols in both parties have taken to "designated protest areas" for major events like political conventions. So the protesters end up a mile from the convention inside a chain link fence, protesting all they want. And it is tolerated by the courts.

Tooconservative  posted on  2015-01-29   14:26:06 ET  Reply   Trace   Private Reply  


#49. To: A K A Stone (#46)

TooConservative ---- Protected speech ends at your property line.

AKA Stone --- The person can put up a sign. But it isn't against the law to walk across the lawn to ask a question.

Once the person makes a sales pitch or starts talking. The homeowner can tell them to leave.

Yep, without signs or fencing, the property owners in effect give implied consent to enter their property for non criminal purposes. -- See below ---

Trespassing is a legal term that can refer to a wide variety of offenses against a person or against property. Trespassing as it relates to real estate law means entering onto land without consent of the landowner. There are both criminal and civil trespass laws. Criminal trespass law is enforced by police, sheriffs, or park rangers. Civil trespass requires that the landowner initiate a private enforcement action in court to collect any damages for which the trespasser may be responsible (regardless of whether a crime has been committed).

Intent and Knowledge Requirements

Traditionally, for either type of trespass -- criminal or civil -- some level of intent is required. Thus, the trespasser must not simply unwittingly traverse another's land but must knowingly go onto the property without permission. Knowledge may be inferred when the owner tells the trespasser not to go on the land, when the land is fenced, or when a "no trespassing" sign is posted. A trespasser would probably not be prosecuted if the land was open, the trespasser's conduct did not substantially interfere with the owner's use of the property, and the trespasser left immediately on request. Express Consent

The landowner may indicate -- verbally or in writing -- permission to enter onto the land.

Implied Consent

The existence of consent may be implied from the landowner's conduct, from custom, or from the circumstances. Consent may be implied if the landowner was unavailable to give consent, and immediate action is necessary to save a life or prevent a serious injury.

- See more at: realestate.findlaw.com/land-use-laws/trespassing- basics.html#sthash.3AnkF3L8.dpuf

tpaine  posted on  2015-01-29   14:29:51 ET  Reply   Trace   Private Reply  


#50. To: TooConservative (#48)

You have an elevated notion about the absolutism of free speech.

It isn't as absolute as you like to think it is

No LAW. What does that mean. I'm sure some courts watered down the meeting.

But think about what your view means.

Under your view all girl scouts should be arrested if they come and try to sell you cookies.

You like the Boy Scouts. Well they better not come a=k you to buy some popcorn because that is unlawful according to you. Jail to the boy scouts.

Those fund raisers at your kids or great grand kids school. Arrest them all they come ask if you want to buy some candy or snacks.

Those pesky charities that come to your home looking for a contribution to help the poor. Chains and shackles for them. Or handcuffs until they have their asses thrown in jail.

No my friend. No means no.

I think you would agree with me that if someone went to your house and wanted to sell you some crackers. Then you said no you're not interested. Then they should leave and would lawfully be required to leave.

You have to tell them first with no trespassing or no soliciting. The government can't speak for everyone and just make it illegal.

I don't see what is so complicated or unreasonable about what I said. I don't see anything unlawful or immoral about it either.

A K A Stone  posted on  2015-01-29   14:33:09 ET  Reply   Trace   Private Reply  


#51. To: TooConservative (#48)

You have an elevated notion about the absolutism of free speech. --- It isn't as absolute as you like to think it is. The law often tolerates regulation at the state or local level when it would forbid the same activity by the feds.

Would you agree that both State and Fed govts are limited by our Constitution?

States and local government have a certain leeway in regulating speech. You may recall how the pols in both parties have taken to "designated protest areas" for major events like political conventions. So the protesters end up a mile from the convention inside a chain link fence, protesting all they want. And it is tolerated by the courts.

The key words are "tolerated by the courts". No such leeway should be tolerated in unconstitutionally regulating away our inalienable rights.

tpaine  posted on  2015-01-29   14:41:14 ET  Reply   Trace   Private Reply  


#52. To: tpaine (#51)

Would you agree that both State and Fed govts are limited by our Constitution?

The states somewhat less so than the feds.

Tooconservative  posted on  2015-01-29   14:51:24 ET  Reply   Trace   Private Reply  


#53. To: All (#0)

Hit me

Bad law makes for bad cops.

The citizens of Bridgewater, New Jersey, like all of New Jersey vote for fascism early and often. If they don't like the law, fire the legislators, but that's easier said than done since NJ and Democrats are synonymous.

SOLICITOR

Any person, whether a resident of the Township or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services, and whether or not he is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or other public place. The word "solicitor" shall also include the word "canvasser."

Vinny  posted on  2015-01-29   14:59:13 ET  Reply   Trace   Private Reply  


#54. To: TooConservative (#52)

Would you agree that both State and Fed govts are limited by our Constitution?

The states somewhat less so than the feds.

That is the contention of many that claim states have such rights, whereas our Constitution clearly says otherwise in Section 1 of the 14th.

Do you have any contrary proof?

tpaine  posted on  2015-01-29   15:07:07 ET  Reply   Trace   Private Reply  


#55. To: tpaine (#54)

You seem to wave our Constitution around as if it has any application in one's daily life, or in matters of state. I'd suggest it has been, and continues to be intentional ignored and doesn't pose as much as a speed bump to state, local and federal government. This practice dates back to Lincoln and in hit a zenith with the creation of the FED in 1913.

Vinny  posted on  2015-01-29   15:36:07 ET  Reply   Trace   Private Reply  


#56. To: Vinny (#55)

You seem to wave our Constitution around as if it has any application in one's daily life, or in matters of state.

You seem to post as if our Constitution shouldn't have any such applications. Haven't you ever sworn an oath to protect and defend it? If not, why not?

I'd suggest it has been, and continues to be intentional ignored and doesn't pose as much as a speed bump to state, local and federal government. This practice dates back to Lincoln and in hit a zenith with the creation of the FED in 1913.

I'd suggest you seem to approve of this insanity. Why?

tpaine  posted on  2015-01-29   16:01:05 ET  Reply   Trace   Private Reply  


#57. To: tpaine (#56)

I'd suggest you seem to approve of this insanity. Why?

You confuse acceptance with approval.

See Kubler-Ross and her five stages of grief.

View it through the prism of reality rather than the long gone Spirit of 1776.

Our constitution, and any adherence to it, are relics of days gone by.

The fight ended with a whimper.

That's reality.

Vinny  posted on  2015-01-29   16:42:09 ET  Reply   Trace   Private Reply  


#58. To: Vinny, Y'ALL (#57)

You seem to post as if our Constitution shouldn't have any such applications. Haven't you ever sworn an oath to protect and defend it? If not, why not?

I'd suggest it has been, and continues to be intentional ignored and doesn't pose as much as a speed bump to state, local and federal government. This practice dates back to Lincoln and in hit a zenith with the creation of the FED in 1913.

I'd suggest you seem to approve of this insanity. Why?

You confuse acceptance with approval.

You're admitting you accept the ignoring of our Constitution. That's approval.

Our constitution, and any adherence to it, are relics of days gone by. -- The fight ended with a whimper. --- That's reality.

You're whimpering that the fight is over. -- That's not reality, it's turning tail.

And it's obvious you wouldn't swear an oath to honor our supreme law. Why are you here?

tpaine  posted on  2015-01-29   17:05:58 ET  Reply   Trace   Private Reply  


#59. To: tpaine (#58)

You're whimpering that the fight is over. -- That's not reality, it's turning tail.

So where exactly is constitutional fight being waged. Congress? The Supreme Court? Your state? I submit - again - there is no fight. The American spirit rolled over and died after Gettysburg.

And it's obvious you wouldn't swear an oath to honor our supreme law.

Your reference to "our supreme law" is both sad and funny at the same time. Again, it has been nothing more than a museum piece for more than 150 years, if not longer.

Vinny  posted on  2015-01-29   17:39:33 ET  Reply   Trace   Private Reply  


#60. To: Gatlin (#3)

Gatlin---you and the cops suck.

TEA Party Reveler  posted on  2015-01-29   19:44:14 ET  Reply   Trace   Private Reply  


#61. To: Vinny, Y'ALL (#59)

You're whimpering that the fight is over. -- That's not reality, it's turning tail.

So where exactly is constitutional fight being waged. Congress? The Supreme Court? Your state? I submit - again - there is no fight. The American spirit rolled over and died after Gettysburg.

I've been posting articles about our fight for 18 years on this subject, written and published by some of the nation's greatest minds, in national publications. You must have your head in a sandpile.

And it's obvious you wouldn't swear an oath to honor our supreme law.

Your reference to "our supreme law" is both sad and funny at the same time. Again, it has been nothing more than a museum piece for more than 150 years, if not longer.

Sad comment, one that only shows you to be a lightweight in denial. Our greatest amendment, the 14th, has never been respected more than in the last few decades.

tpaine  posted on  2015-01-29   20:05:33 ET  Reply   Trace   Private Reply  


#62. To: A K A Stone (#26)

Sounds like you had occasion to meet & be assisted by good cops, twice!

Cops are like any other group of people, there are good ones, and unfortunately, there are also bad ones! Hopefully the bad ones are weeded out quicker than the good ones leave!

Si vis pacem, para bellum

Stoner  posted on  2015-01-29   21:08:03 ET  Reply   Trace   Private Reply  


#63. To: Gatlin (#34) (Edited)

Question here:

Who do you actually protect and serve? The Supreme Court has stated in their ruling see here http://www.nytimes.com/2005/06/28/politics/28scotus.html?_r=0 that cops do not have any Constitutional obligation to protect nor serve the John Q. Public. So I am to assume the the class of people that you actually protect and serve are: State and Federal public officials and dignataries, escorting the Queen of England and the Pope when they come into town, and the President of the United States.

goldilucky  posted on  2015-01-30   1:03:14 ET  Reply   Trace   Private Reply  


#64. To: goldilucky (#63)

Question here:

Who do you actually protect and serve?

I serve and protect no one, sock puppet....I have been fully retired sine 1975.

Gatlin  posted on  2015-01-30   1:13:53 ET  Reply   Trace   Private Reply  


#65. To: Gatlin (#64)

You will always be a cop regardless of whether you are retired or not. You could be sitting inside a donut shop having coffee and a croissant and witness someone about to commit a robbery. So you intervene maybe even having to use your sex pistol to run off the culprit. God help them.

goldilucky  posted on  2015-01-30   1:24:30 ET  Reply   Trace   Private Reply  


#66. To: goldilucky, A K A Stone, GrandIsland (#65) (Edited)

You will always be a cop...

I am no cop...if I were, I would be a great one.

Gatlin  posted on  2015-01-30   2:00:42 ET  Reply   Trace   Private Reply  


#67. To: Gatlin (#66)

There are some great cops but they are few and becoming a minority.

goldilucky  posted on  2015-01-30   13:04:16 ET  Reply   Trace   Private Reply  


#68. To: goldilucky, GrandIsland (#67) (Edited)

There are some great cops but they are few and becoming a minority.

I have no firm statistical data I can use to agree or disagree with you.

However, I can present strong evidence here and here showing severe shortages of police officers to come.

The number of applicants to police academies is down more that 90 percent in some cities.

I read here that police officers are desperately needed now in 10 U.S. locations.

So my concern is not whether great cops are few and becoming a minority, it is more about:
     What the bad boys gonna do when there are no cops to come for them.

Cue the Police Anthem:

Gatlin  posted on  2015-01-30   14:08:17 ET  Reply   Trace   Private Reply  


#69. To: GrandIsland (#68)

"Bad Boys"

I enjoyed the movies, but I really enjoy the song by Bob Marley.

I don't listen to the words as much as I listen to and like the rhythm beat of the stressed and unstressed passages.

It is an upbeat melody.

Gatlin  posted on  2015-01-30   14:25:21 ET  Reply   Trace   Private Reply  


#70. To: TEA Party Reveler (#60)

Wonder if Gatlin or one of the other statists here was the busybody who turned the kids in.

Teens Shoveling Snow? Without Licenses?? Quick, Call the Cops

“Truth is treason in the empire of lies.” - Ron Paul
Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends.
Paul Craig Roberts

Deckard  posted on  2015-01-30   14:51:38 ET  Reply   Trace   Private Reply  


#71. To: Deckard (#70)

You have my permission to ask me the question ... don't be shy.

I would have told you it was a person in the neighborhood who saw one of the youngsters crossing yards at night with a hoodie on.

Oh, but you already knew that ... you commented on it.

How forgetful you have become ... hatred can warp a mind.

I read thqt on the Inernet ...

Gatlin  posted on  2015-01-30   15:36:44 ET  Reply   Trace   Private Reply  


#72. To: TooConservative, A K A Stone, Deckard (#45)

[TooConservative #2]

High-density areas like NJ have these laws to stop bums from harassing homeowners. Otherwise, they can wander around pestering people any time they want.

It isn't a constitutional right to make a sales pitch for your services on someone's front step.

It brings to mind FNC's constant bitching over lemonade stands. They have at least one major snit every year over kids selling lemonade, often in high-traffic venues where all other food vendors have to be licensed and inspected.

[A K A Stone #43]

There can be no law against it.

The homeowner merely has to put a no trespassing sign or a no soliciting sign.

To communicate to the person said homeowners desire to not be bothered.

Some people don't mind.

[Too Conservative #45]

nolu loves the legal stuff. Maybe he wants to weigh in.

I can't give an absolute answer. It is an active area of law. I think the kids might prevail on a legal challenge. The government would have the legal burden to defend its regulation. Commercial speech is regulated differently than ordinary speech.

http://criminaljusticelinks.com/Door-to-Door%20Free%20Speech%20Restrictions.pdf

[excerpt - emphasis added, fotnotes omitted]

Sept/October 2005

The Do’s and Don’ts of Regulating Commercial Door-to-Door Speech Under the First Amendment

by Michael D. Bersani and Sara M. Cliffe

In general, municipalities enjoy the power to regulate business activity in their communities, so long as the regulation bears a reasonable connection to the health, safety and welfare of the community, and otherwise comports with statutory and constitutional principles. Commercial door-to-door solicitation raises particular concerns for municipalities seeking to protect their residents. As a result, a “solicitor ordinance” is a common municipal enactment that prohibits solicitors from going door-to-door in residential neighborhoods without first obtaining a permit or license, or registering with the local police department. This article specifically addresses the limits of a municipality’s authority to regulate commercial door-to-door activities.

[...]

The Regulation of Door-to-Door Commercial Solicitation

Since residential commercial solicitation occurs in the listener’s private realm, it raises additional interests that are not present in the public forum. Recently, in Watchtower Bible and Tract Soc. of New York, Inc. v. Village of Stratton, the Supreme Court held that an anti-solicitation ordinance reached too far by preventing both non-commercial and commercial “canvassers” from going on private property without a permit: “Had [the ordinance] been construed to apply only to commercial activities and the solicitation of funds, arguably the ordinance would have been tailored to the Village’s interest in protecting the privacy of its residents and preventing fraud.” However, the Court did not provide any guidance as to how far a commercial solicitation ordinance could go, or how well the asserted governmental interests would fare in the face of a constitutional challenge. In other words, the Court did not directly address the scope and intent of a municipality’s powers to regulate door-to-door commercial speech. Although the Supreme Court has not squarely addressed this issue, lower courts have done so.

[...]

Further, so long as residents remain able to post “no solicitation” signs, a municipal ban on solicitation from 5:00 to 9:00 pm is not necessary. However, a municipality may lawfully maintain a list of those residents who have expressed a desire to not receive solicitors, require solicitors to obtain the list, and prosecute those who fail to abide by it.

nolu chan  posted on  2015-01-30   16:50:22 ET  Reply   Trace   Private Reply  


#73. To: A K A Stone (#26)

I wish I had a dollar for every disabled motirist I helped push out of traffic. Couldn't push them with the patrol car though, was against policy. I was always afraid I'd set the airbag off using the front push bar to push a disabled vehicle.

I never "patted down" anyone unless I was going to arrest them or allow them inside my patrol car.... It was policy to pat-search all people being transported in the patrol car, whether they were in custody or just a. Courtesy ride.

I'm glad you had a pleasant experience.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-01-30   17:00:15 ET  Reply   Trace   Private Reply  


#74. To: Gatlin (#68) (Edited)

There are some great cops but they are few and becoming a minority.

IMHO, the biggest cause of poor attitude LEO's, is an increase of calls (caused by increased poverty) coupled with a reduced number of officers (due to budget cuts).... and exacerbated by an decrease of civilian appreciation.

Not an increase in corruption... an increase in poor attitude

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-01-30   17:23:57 ET  Reply   Trace   Private Reply  


#75. To: nolu chan, A K A Stone (#72)

I can't give an absolute answer. It is an active area of law. I think the kids might prevail on a legal challenge. The government would have the legal burden to defend its regulation. Commercial speech is regulated differently than ordinary speech.

Nice answer.

In practice, the municipalities are likely to prevail because no one is going to hire a lawyer for a lemonade stand or for a couple of kids shoveling snow.

Tooconservative  posted on  2015-01-31   2:48:16 ET  Reply   Trace   Private Reply  


#76. To: GrandIsland (#73)

I was always afraid I'd set the airbag off using the front push bar to push a disabled vehicle.

The manufacturers should be forced to include a way to disable airbags for 5-10 minutes, especially for LEO.

People get hurt by these oversized American airbags all the time. I had an aunt whose front fender got hooked on a piece of steel used to hold a concrete parking bar in place. When she tried to back out, it set off the airbag. She nearly lost vision in her eye due to detached retina. I've known several other older people who got banged up pretty bad by an airbag going off in their faces in a low-speed accident.

These airbags are too sensitive at present. The EUros are much smarter and use smaller and much cheaper airbags but insist on seat belts. The American solution is not to enforce seat belt laws and put these huge expensive airbags in vehicles because Americans can't be bothered to wear seat belts.

Tooconservative  posted on  2015-01-31   2:54:11 ET  Reply   Trace   Private Reply  


#77. To: TooConservative (#76)

She nearly lost vision in her eye due to detached retina. I've known several other older people who got banged up pretty bad by an airbag going off in their faces in a low-speed accident.

I've investigated accidents were the airbag has broke the wrist of more than one driver and a broken nose.

Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy

GrandIsland  posted on  2015-01-31   8:56:56 ET  Reply   Trace   Private Reply  


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