View Full Version : Red flags in oklahoma
Verix
24th February 2009, 22:36
I have no clue were this would go on the forum , but i found this
on wikipedia it is still in the books in oklahoma despite the fact it has never been taken to court since i cant post links here is what it says
"Any person in this state, who shall carry or cause to be carried, or publicly display any red flag or other emblem or banner, indicating disloyalty to the Government of the United States or a belief in anarchy or other political doctrines or beliefs, whose objects are either the disruption or destruction of organized government, or the defiance of the laws of the United States or of the State of Oklahoma, shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the Penitentiary of the State of Oklahoma for a term not exceeding ten (10) years, or by a fine not exceeding One Thousand Dollars ($1,000.00) or by both such imprisonment and fine."
Das war einmal
24th February 2009, 23:55
So much for the freedom of speech
manic expression
25th February 2009, 02:01
Those kinds of laws are usually holdovers from the Red Scare or McCarthyism. I doubt they'd hold up if they went to a state or federal court of appeal. However, I could see the regulations being used by police to shut down a protest, probably by arresting a bunch of people under the law and releasing them later so it never gets to court. At any rate, these laws serve as serious reminders of how far the ruling class will go to defend themselves when threatened.
SocialRealist
25th February 2009, 02:10
As one said above me this law is likely from the McCarthy period of time or from the Red Scare. Again, this law would be nothing to be afraid of due to the fact people would likely see a charging of a person under this law as a crack down on opposition in the United States. It would be rather interesting to see one be brought in on charges for this law, I wonder what the reactions to this would be on the non-leftist side.
Niemand
25th February 2009, 06:02
This law is a relic, and even in the past was probably a largely symbolic gesture. This would definitely be struck down if anyone tried to really enforce it.
chebol
25th February 2009, 06:56
It may be a relic, but Manic Expression's point still stands: there is nothing preventing these
"regulations being used by police to shut down a protest, probably by arresting a bunch of people under the law and releasing them later so it never gets to court."
DancingLarry
25th February 2009, 07:17
Interestingly enough, the largest percentage of the vote ever won in any state by a Socialist candidate for president was the 12% Eugene Debs scored in 1912--in Oklahoma.
ZeroNowhere
25th February 2009, 07:55
Interestingly enough, the largest percentage of the vote ever won in any state by a Socialist candidate for president was the 12% Eugene Debs scored in 1912--in Oklahoma.
Which reminds me, apparently some parts of the Espionage Act are still around. I wonder what these parts are...
Then again, New York Times Co. v. Sullivan may have gotten the worst parts of that out, though alternatively they could just be unnecessary to uphold.
Zeus the Moose
25th February 2009, 19:38
Interestingly enough, the largest percentage of the vote ever won in any state by a Socialist candidate for president was the 12% Eugene Debs scored in 1912--in Oklahoma.
I doubt this is a coincidence. During the heyday of the Socialist Party of America (1910-20 ish), Oklahoma had one the largest and most radical SPA state parties (with Kansas being somewhat similar, actually.) I believe the ban on red flags was from the first Red Scare, to give a legal means to disrupt Socialist Party demonstrations.
After many decades, however, the Socialist Party is coming back to Oklahoma! A local was formed in the Oklahoma City area, and with the right preparation and setting up of pre-emptive legal support, this could be something that comrades in Oklahoma could take on as a First Amendment case.
KurtFF8
25th February 2009, 19:48
In all honesty, it's probably quite an obscure law at this point. Most police in America aren't very well versed in law and the police in Oklahoma likely don't even know about this law. And if they somehow came upon the knowledge and tried to enforce it, there would likely be quite a backlash against them.
scarletghoul
25th February 2009, 20:21
Has anyone tested this law out?
RedScare
25th February 2009, 21:31
Oklahoma is one of the most conservative states in the US, so it's no surprise they still have a law or two like that kicking around.
LeninBalls
25th February 2009, 21:42
I would if I could.
AvanteRedGarde
26th February 2009, 07:36
This proves that freedom of speech is a myth and depended on class struggle.
Cheung Mo
26th February 2009, 14:07
I doubt this is a coincidence. During the heyday of the Socialist Party of America (1910-20 ish), Oklahoma had one the largest and most radical SPA state parties (with Kansas being somewhat similar, actually.) I believe the ban on red flags was from the first Red Scare, to give a legal means to disrupt Socialist Party demonstrations.
After many decades, however, the Socialist Party is coming back to Oklahoma! A local was formed in the Oklahoma City area, and with the right preparation and setting up of pre-emptive legal support, this could be something that comrades in Oklahoma could take on as a First Amendment case.
Ever read What's the Matter with Kansas? It was one of the most progressive places in the U.S. prior to all that shit with Operation Rescue and abortion policy....In spite of its left-liberal bias, it is worth reading.
As for the comment about conservatism, please remember that Massachusetts was one of the last states in the U.S. to legalize tattoos. New laws in Jesusland tend to reflect the extreme conservatism that exists there, but aside from laws regarding race relations and the civil rights of African-Americans, relatively liberal states were just as likely to have archaic laws like this on the book as relatively conservative states. From this, we can conclude that the OK law is more a reaction to the prominence the left once enjoyed there rather than a reflection of its conservatism relative to the rest of the country.
The Author
26th February 2009, 20:07
If this red flag law is still on the books, that means if there were to be a protest anywhere in Oklahoma and someone were to hold up a red flag, that would mean they would be subject to criminal charges from the police in that state.
Of course, appeals to the U.S. Supreme Court overturning this law due to its unconstitutional nature against Freedom of Speech would turn this law into a worthless scrap of paper. The fact that it's still there though gives one good reason to be concerned.
Auspicious one
7th March 2009, 00:50
i live in oklahoma should i test this out?
Sugar Hill Kevis
7th March 2009, 04:29
Who the fuck cares; socialist revolution isn't exactly within the remits of Oklahoma state law, its not really a setback if flying the red flag is illegal de jura...
Bilan
7th March 2009, 04:53
If you're worried about the legality of the red flag, then I suggest you look into the legality of Socialist Revolution.
Anyway, this is in contradiciton with the the Bill of Rights
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Oklahoma law is no match for the Bill of Rights.
Die Neue Zeit
7th March 2009, 07:32
I doubt this is a coincidence. During the heyday of the Socialist Party of America (1910-20 ish), Oklahoma had one the largest and most radical SPA state parties (with Kansas being somewhat similar, actually.) I believe the ban on red flags was from the first Red Scare, to give a legal means to disrupt Socialist Party demonstrations.
After many decades, however, the Socialist Party is coming back to Oklahoma! A local was formed in the Oklahoma City area, and with the right preparation and setting up of pre-emptive legal support, this could be something that comrades in Oklahoma could take on as a First Amendment case.
Three cheers for the Oklahoma comrades! :thumbup1:
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