Wednesday, November 27, 2013

Alan Korwin Fight With Phoenix in Appeals Court Over Censoring of Pro-Gun Ads

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Phoenix New Times

Phoenix officials and one of our favorite local curmudgeons, gun-law expert Alan Korwin, are scheduled for a courtroom showdown next month over banned firearms-training ads.
The case was launched following the city's move to censor 50 bus-shelter ads that Korwin had purchased in October 2010 for his firearms-training website, trainmeaz.com.
"Guns Save Lives," the ad stated in large type. "Arizona says: Educate Your Kids."
The bus-shelter ads, part of a larger ad campaign Korwin was doing at the time for his company, also contained a large amount of small print about gun rights and Arizona's concealed-carry law. That makes sense knowing Korwin -- he always has a lot to say about firearms and related rights. His books include the hilariously titled, "After You Shoot: Your Gun's Hot, The Perp's Not, What Next?" His TrainMe website hosts advertising for affiliated gun stores and training centers.
Korwin agreed to pay $11,000 to CBS Outdoors, which manages the bus-shelter ads for Phoenix. The ads went up on October 12.
One week later, city of Phoenix officials decided they didn't meet a city requirement that such ads provide "adequate notice" of a commercial transaction. Overnight, the ads disappeared.
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Alan Korwin
Korwin sued in Maricopa County Superior Court, represented by Clint Bolick and the Goldwater Institute. They lost, and the case has been wending its way through the Arizona Court of Appeals since late last year. The two sides will square off in court at 9:30 a.m. on December 3, court records show, with 20 minutes each of oral arguments.
The American Civil Liberties Union of Arizona filed anamicus curiae brief in the case on behalf of Korwin, noting that the Arizona Constitution provides an even greater free-speech protection than the First Amendment.
On its face, the city standard requiring notice of a commercial transaction for bus-shelter ads sounds clear enough. Courts in other states have held that cities can make such restrictions.
The problem is that the requirement is used not to provide a standard, but as a tool that allows the city to reject any ad, for any reason it wants. The city must merely claim the ad doesn't meet the standard -- it's not required to prove it doesn't meet it.

9 comments:

  1. Does the U.S. government realise that it has an enemy of the state on the loose? How long does it take to deport or exile someone like Korwin?

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  2. When you're willing to give up one right, all others are at risk.

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    1. When we gave up the right to own slaves were other rights at risk? When we gave up the right to keep women out of the voting booth were other rights at risk?

      No, of course they weren't because that slogan you invented is total bullshit. (You probable stole it from some other gun nut).

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    2. Mikeb, as the author of two books and many stories, with more on the way, I'll let your snide remark about me stealing ideas pass. Good writing often involves adapting ideas of others.

      But slavery is not a right, nor is keeping women from voting. Rights are the power of the individual to make choices. Slavery and disenfranchisement take choice away--just as you want to do.

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    3. I guess Greg is to stupid to understand rules and regulations go along with the right, or any right.

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    4. Oh, are you taking credit for having invented that slogan, when one right goes the others are in jeopardy?

      Slavery certainly was a right and when it stopped being a right no other rights were in jeopardy. That means that your made-up (or borrowed) expression is total bullshit. It's like some of your other favorite lines, meaningless nonsense that sound good but really mean nothing.

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    5. Mikeb, governments do not create rights. That's your error. Slavery cannot be a right. It involves one person owning another. That is by definition not a right.

      When you come to understand what rights are, you'll think clearer on this subject.

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    6. For the entire history of our species men had the right to own other men. That ended quite recently as our species evolved. The same will happen with the so-called gun rights and the other rights will not be affected in the least.

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    7. "Governments do no create rights"

      Then move to China and see if there is no difference between the rights one has in China compared to the rights we have in America, or anyplace else. If governments do not create rights, then you should be able to do anything you want in any country in the world.

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