ACLU on Larry Craig: Gov't must show beyond doubt that "sex was to occur in public"

[Amerigo Vespucci]

ACLU comes to Craig's defense
By Erika Bolstad | McClatchy Newspapers

Posted on Monday, September 17, 2007



http://www.mcclatchydc.com/homepage/story/19801.html

WASHINGTON — The American Civil Liberties Union has filed a friend-of-the court brief on behalf of Sen. Larry Craig, R-Idaho, saying Minneapolis airport police violated his Constitutional right of free speech in charging him with disorderly conduct after arresting him in an airport men's room.

The ACLU filed its brief in the same Minnesota court where Craig is hoping to withdraw a guilty plea in connection with soliciting sex from an undercover police officer in the men's room of the Minneapolis airport. The Idaho conservative, who rarely counts the civil liberties group as an ally, is scheduled to appear in court on Sept. 26.

In its brief, the ACLU argues that the government can arrest people for soliciting public sex only if it can show beyond doubt that the sex was to occur in public. The ACLU argues that solicitation for sex in a private place is protected speech under the First Amendment, no matter where the solicitation occurs.

The sting operation used by Minneapolis airport police was unconstitutional and was so broad that innocent people could be caught up in it, said Anthony Romero, executive director of the ACLU. "It is not a crime to solicit sex that would occur in private," Romero said. "It is a crime to solicit sex that would occur in a public place. What the state failed to show was that Senator Craig clearly expected to have sex in public."

[TheUniverse]

1. The right wing hates the ACLU

Until the ACLU fights for their constitutional rights. They just dont want them to fight for left wing groups.

[rodeodance]

3. did Rush Limbooooo ever thank the ACLU?

[Freddie Stubbs]

2. Why would they need to prove that when he has already plead guilty?

:shrug:

[rodeodance]

4. cause now he has filed court papers wanting the case reversed.

[Marrah_G]

12. That rarely happens

And usually only if the client was mentally incapacitated or had a very bad lawyer.

Filing papers does not in any way guarantee a new trial.

[atreides1]

5. But Solicitation is a crime itself

It is not necessary that the person actually commit the crime, nor is it necessary that the person solicited be willing or able to commit the crime (such as if the "solicitee" were an undercover police officer).


MINNESOTA STATUTE 609.324 Subd. 2 SOLICITATION OR ACCEPTANCE OF SOLICITATTION TO ENGAGE IN PROSTITUTION; PENALTY.

Whoever solicits or accepts a solicitation to engage for hire in sexual penetration or sexual contact while in a public place may be sentenced to imprisonment for not more than one year or payment of a fine of not more than $3,000 or both.


This is the statute, and no where does it say this "only if it can show beyond doubt that the sex was to occur in public". It clearly states that engagement for hire is the standard, not the actual sex act itself.

[dflprincess]

6. The original charge was lewd contact

was "solicitation for hire" ever an issue?

[Laughing Mirror]

11. Solicitation "for hire" is prostitution

The airport cops themselves were soliciting sex in a public place, but they were not asking for money.

They were placing ads online at sites such as Craigslist & m4m. In those ads they were posing as sexy young men "stuck in airport" looking for "fun at airport." The intent of these ads was to lure other willing participants to that men's room for sex. It worked. They made some 41 arrests.

[GeorgeGist]

7. Thank you ACLU ...

for trying to destroy two equal but opposite perverts with the same stone.

[okoboji]

8. question ......

"What the state failed to show was that Senator Craig clearly expected to have sex in public."


Where else was Craig going to have sex? When the police was questioning him, wasn't Craig worried about missing his plane? Are there private areas in Airports where somebody can have sex while waiting for their plane?

[AZBlue]

9. So is a toilet stall public or private?

I guess it's public, but an argument could be made that it's private.

[AtomicKitten]

10. I love it when the ACLU defends GOP reprobates.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=1828137&mesg_id=1828137

[Omaha Steve]

13. Controversial

That is the ACLU. But they protect EVERYBODY'S rights to a fair trial, etc...

[opihimoimoi]

14. EWWWWWWWWWW.....in a public toilet......Ewwwwwww