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Kilpatrick vs US (ACLU vs ATF)

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Judge approves ACLU lawsuit against ATF

Judge approves ACLU lawsuit against ATF
Lawsuit Claims ATF’s Unlawful Retaliation for Free Speech
2008-10-03 12:07:00
Jeni Senter
ACLU Director of Communications Brandon Hensler says the American Civil Liberties Union of Florida received an early victory today when Senior Federal Judge Lacey A. Collier denied the ATF’s motions for summary judgment in Kilpatrick v. U.S.

The ACLU filed the case on April 18, 2006, on behalf of Karen J. Kilpatrick, who claimed that the Bureau of Alcohol, Tobacco and Firearms (ATF) violated her Free Speech rights.

Kilpatrick was driving her blue van in Pensacola on April 19, 2004, with the slogans “Remember the Children of Waco” and “Boo ATF” written on some of the windows when she was pulled over by police for questioning by the ATF.

The ACLU argues in the lawsuit that her First Amendment Rights to Free Speech and her Fourth Amendment right to be free from unreasonable search and seizure were violated when officers detained her for an hour, searched her car without consent, and ordered her to remove the writing on the side of her van.

“The ATF’s actions were unconstitutional and there was no legal justification to stop and question Ms. Kilpatrick. We believe that the ATF was trying to silence Ms. Kilpatrick and the 911 call substantiates this position,” said Bert Oram, ACLU cooperating counsel.

“We are confident that we can win this case once the facts are demonstrated and we are pleased that we will be able to make our case in court,” he says.

Counsel for Kilpatrick v. The United States of America are Bert Oram, ACLU cooperating attorney; and Benjamin Stevenson, ACLU of Florida staff attorney in Pensacola.

The MP3 file of the 911 call and a PDF copy of the Order on Summary Judgment can be viewed at:
MP3 of the 911 calls from the ATF and the 911 dispatcher. 911 calls

Too bad the judge can't give the death penalty for their conduct.
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This is a nothing reason to sweat it no matter which way it goes... so they two forces clashed so someone and write ATF BOO on their van... neither a great victory nor a great loss... except of money.
I disagree. The law regarding when a government agent can stop you has been eroded in recent years. Lately, even a de minimis traffic violation, such as going "left of center" by 6 inches when there isn't even a marked center lane, has been seen as legitimate grounds. This case takes it even a step further, based on what you have displayed on your vehicle.

It needs to stop.
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