First Amendment
Posted on Sep. 6, 2012

For some people, things as simple as baseball, apple pie, or yellow ribbons evoke a patriotic fervor. For me, it’s the First Amendment. Oh yes, I’ve had a lot of reasons to feel proud of my homeland lately.

For example, according to internet reports, police in Dubai arrested a forty-four year-old woman for flipping the bird. Back here at home, Robert Bell, a financial services recruiter, was arrested outside of a Greenwich Village bar for the same act. Robert was arrested and jailed for two hours. On the other side of the world, the woman in Dubai was jailed for a month, fined, and will be deported to Iran for her middle finger salute.  But, in Robert’s case, the charges were dropped, and the ACLU of New York is representing him in a lawsuit thanks to the freedom of speech clause. 

Similarly, unlike much of Western Europe, there has been no serious debate in the US about banning burkas.

If that isn’t enough, after the state of Virginia tried to ban out-of-state residents from circulating petitions on behalf of third-party candidates, U.S. District Court Judge John Gibney rightly ruled that the law runs afoul of our friend (Libertarian Party of Virginia v. Judd, Case No. 3:12-cv-00367-JAG).

Thank you, founding fathers. 

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Author

kathleenAttorney Kathleen McDonald

Kathleen is a shareholder at Jones Waldo.  She specializes in litigation with a particular emphasis on appeals and commercial litigation.  Kathleen has written or argued appeals in the Tenth Circuit, the Utah Court of Appeals, and the Utah Supreme Court.  Kathleen specializes in construction, environmental, civil rights, and commercial litigation.

Kathleen received her law degree with honors from the University of Arizona in 2004.  She received her undergraduate degree from Oberlin College.  Kathleen has unusually well-rounded legal experience; in law school, Kathleen clerked with an in-house corporate attorney and worked in government.  She also clerked at the Utah Court of Appeals.  

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Kathleen volunteers a significant amount of time each week with a variety of community programs including the Tracy Aviary, the Bennion Center and Friends of Animals.

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