8/21/2005

Law to use against Bush thugs - 42 U.S.C. s. 1983

42 U.S.C. s. 1983 (none / 0) by another American

From a federal law perspective, the key question is whether Barnes & Noble, a either the property owner or the tenant, asked the policeman to intervene. The First Amendment does not prevent a property owner from restricting the exercise of free speech on private property, including a private shopping mall. See Hudgens v. NLRB, 424 U.S. 507, 513-21 (1976).

Assuming that Barnes & Noble did not request police intervention, then the facts appear to state a garden variety violation of 42 U.S.C. sec. 1983:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . ."

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