amendment

New Jersey Tramples on 1st Amendment To Target Pagan’s MC

The New Jersey State Commission of Investigations recently held public hearings on the Pagan’s Motorcycle Club (PMC) and it was business as usual. 1The NJSCI, in a trend being repeated by government and media sources nationwide, continued the process of eroding and ignoring the 1st Amendment in an attempt to vilify motorcycle clubs, in this instance the PMC due to the club’s alleged rapid growth recently. The actions of the few do not, and should not, dictate policy towards an entire demographic. Yet, that is the exact tactic being employed by the NJSCI by exploiting and sensationalizing the alleged actions of a few members in an attempt to encourage policy condemning the entire organization. That is simply not how the 1st Amendment works. Same old song and dance The NJSCI hearing was intended to expose policymakers to the allegedly growing threat presented by the PMC. The NJSCI has no power to prosecute. They do, however, provide guidance to policymakers that directly influence legislation and law. Ignoring the fundamental liberties embodied in the 1st Amendment, the NJSCI presented a familiar narrative echoing a biased and inaccurate stereotype by presenting as evidence actions of individual members in an attempt to condemn all PMC members. Moreover, many of the examples presented have not been subjected to judicial scrutiny or due process. Although no one goes to prison as a direct result, the NJSCI directly influences legislation without the requirement that an individual is innocent until proven guilty. The false 1% narrative NJSCI investigative agent Edwin Torres begins by advancing the falsehood that being a 1%’ER is synonymous with being a criminal. This assertion is an attempt to condemn an entire community and constitutionally protected symbol and association. “Make no mistake. They are gangs”, says Torres. He then breaks into the apocryphal AMA narrative […]

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Motorcycle Profiling is Official Daytona PD Policy

Video footage obtained by the MPP from the North Florida Council of Clubs confirms that motorcycle profiling is not only widespread in Daytona Beach, but it is also official law enforcement policy. In the words of Daytona PD Chief Craig Capri, “If you wear your colors [in Daytona Beach], you’re going to get stopped.” This official policy is unconstitutional and exposes the entire Daytona PD to civil liability. This video evidence also justifies a cost-free legislative solution in the form of a simple prohibition against motorcycle profiling combined with relief for victims. Chief Capri’s Statement Proves Unconstitutional Practices Are Policy Without any other evidence, Chief Capri’s Statement alone proves that the Daytona PD profiles motorcycle club members as a matter of policy. This official policy irrefutably violates the 1st, 4th, and 14th Amendments to the US Constitution. Federal courts have confirmed that motorcycle club colors are protected by the 1st Amendment. To punish an individual through seizure in the form of a profiling stop anyone “who wears the insignia of [a 1% motorcycle club], without regard to or knowledge of that individual’s specific intent to engage in the alleged violent activities committed by other members, is antithetical to the basic principles enshrined in the First Amendment and repugnant to the fundamental doctrine of personal guilt that is a hallmark of American jurisprudence. see Coles v. Carlini 162 F.Supp.3d 380 (2015) Chief Capri’s statement also violates the 14th Amendment because it represents Selective Enforcement of the law. Capri’s statement proves that the strategy to use traffic stops as a way to punish those exercising their rights of expression and association is premeditated and selective. In terms of the 4th Amendment, any minor traffic pretext used to stop a club member in Daytona Beach should be presumed invalid. Exposure To Civil Liability

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