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Silver Underground names Talley & Jardis “Rebels of the Week”

On Monday, April 16th New Hampshire Journalist and Super Activist Jason Talley stared down the state. Facing two years in jail for bringing a camera into a Keene courthouse, Talley refused to accept any plea deal insisting upon fighting both the charges and the legitimacy of the ban. Then, after the jury was already selected and his trial was moments from beginning, the judge suddenly and unexpectedly came to his senses and dismissed the charges against him.

I actually met Talley some years ago when he passed through California as part of Motorhome Diaries, a group of activists traveling the country in MARV (the Mobile Authority Resistance Vehicle) searching for freedom in America. That search landed them in the “Live Free Or Die” state, where Talley is now a community organizer with FR33 AGENTS and a videographer with his own Talley TV.

In these roles Talley covers state aggression against the New Hampshire activists wherever he sees it, from police interaction to court hearings all over the state. In fact, it was catching one Judge Burke making false statements and giving illegal orders to wrongfully arrest his fellow Super Activist Adamo Freeman that prompted the camera ban at Cheshire County Superior Court in the first place.

Talley was charged with contempt of court, disorderly conduct and resisting arrest for entering the courthouse with a small camera openly clipped to his belt in defiance of the illegal ban. Talley attempted to fill out the appropriate paperwork to get permission to film, as he had done many times before the ban, when bailiffs approached him and tried to confiscate his camera. When he refused give over his property they handcuffed him and arrested him.
Davi Barker

Earlier today the Silver Underground made me, along with my legal agent Brad Jardis, their Rebel of the Week. We share the honor with other rebels such as Lysander SpoonerPeter ThielAnonymous and Adam Kokesh.

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Kate Ager, a Dissatisfied “Customer” of the Cheshire County Superior Court

At 9:00AM this morning, I went to the Cheshire County Superior Courthouse for the trial of Jason Talley, who was caged for possessing a camera at the Superior Courthouse on September 23, 2011 at approximately 8:30AM. Cecelia and I both had the intention of testifying as witnesses this morning, as we were the only people to witness the arrest that were not court personnel.

As part of his efforts to bring transparency to government, Jason’s intention that morning in September was to film a hearing that was scheduled to take place at 9AM. After passing through the ‘security’ area, one of the two bailiffs present asked what was on his belt; Jason explained that the thumb-sized device was his personal camera as he approached the clerk’s window a feet away to ask for a form to fill out before filming the hearing. Quickly, the two bailiffs grabbed Jason and pushed him into the corner while trying to steal the small camera from him. After the aggressive bailiffs put handcuffs on Jason’s wrists, he sat down, as he did not want to “provide any assistance to these strangers in their unlawful crackdown on cameras and violence against a member of the free press.”

When I arrived at the courthouse this morning, multiple people were standing out front holding signs and distributing jury nullification fliers. Inside the courthouse, I proceeded to the second floor where Talley’s trial was to be held. Every seat in the courtroom was full, and Tebo, the bailiff, ordered those who did not have seats to leave the courtroom. When Judge Barry entered the room, at least four people in my line of vision remained seated.

After sitting down, Judge Barry addressed a college student, Robert, who had put in a notice to record for the documentary film crew he came with. The notice only contained his name, not the other two students present. The judge addressed the person next to Robert who was holding a camera, saying that only those who have put in a notice can film; Robert explained that he was part of the film crew. Next, the judge addressed the female film crew member who was sitting on the opposite side of the room with audio equipment. She stated that she was also part of the film crew, as he yelled over her to “turn the equipment off.” Once the other two members’ names were added to the notice, it was magically no longer a threat/problem that they had video/audio equipment.

The prosecutor, John Webb brought to the attention of Judge Barry, Jason Talley, and Bradley Jardis (Talley’s representation) that he had not sent a certain paper required to try Talley under the penalties of Class A misdemeanors and mentioned three possible ways to proceed. Judge Barry wanted further information and took a 15 minute recess to give John Webb time to do a little homework.

During the recess, I glanced at my cell phone to check the time. Tebo saw the phone in my hand and told me to turn it off. I asked him why I needed to turn my phone off, as it was on silent and not disruptive. At the ‘security checkpoint’ downstairs I was advised to turn the phone off or put it into silent mode. His response was, “Shut it off.” I did not. It did not disrupt the proceedings.

When Judge Barry returned, a number of people once again remained seated. Bradley Jardis continued pushing for dismissal of the case, which was not one of the three options that John Webb agreed was acceptable. The charges against Jason Talley were dismissed without prejudice.

I felt that there were a lot of rude and unnecessary orders as well as hostility coming from some of the staff at the Cheshire Superior Court House today. Overall, a ridiculous amount of time and (your) money was spent in an attempt to put a peaceful member of the media in jail for possessing a camera. I am glad that the formal threats against my friend have been dropped and was glad to leave the courthouse.

Why do you pay for these “services”…or do you?
Kate Ager at ladiesinkeene.com
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Video

Brad Jardis on the “Massive Judicial Corruption In New Hampshire”

My legal agent, Brad Jardis recently sat down with New Hampshire State Representative Kevin Avard., the host of Speak Up New Hampshire. It’s a long conversation as Brad goes in depth to explain the crime committed by Judge Burke and the coverup by the District and Superior Court chiefs.

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Blatant Cases of Judicial Abuse Signal Need for Constitutional Amendments

FOR IMMEDIATE RELEASE:
March 19, 2012

Media Contacts:

Bradley Jardis, former police officer, 603-205-6003,bbraduma@gmail.com
Rep. George Lambert, R-Hillsborough 27, 603-809-5115,marchon@gmail.com
Rep. J.R. Hoell, R-Merrimack 13, 603-315-9002,jr@jrhoell.com

BLATANT CASES OF JUDICIAL ABUSE SIGNAL NEED FOR CONSTITUTIONAL AMENDMENTS
CACR 11 and CACR 22 Would Rein-In Judicial Overreach
and Restore the Balance of Power to the People of New Hampshire

KEENE, N.H.—Two state representatives and a former police officer are calling attention to the apparent abuse of power by a New Hampshire district court judge and other officials around him in an effort to showcase the need for two constitutional amendments designed to rein-in judicial authority that are planned for a House vote this week.

On Wednesday, the N.H. House is expected to vote on CACR 11, which would require the governor and council to reappoint judges every seven years, but only if they have exhibited good behavior. The House is also expected to vote on CACR 22, which would restore the Legislature’s full authority to control lawmaking in New Hampshire and limit the administrative rule-making authority of the Judicial Branch so that it is subject to Legislative approval—just like the current rule-making authority of the Executive Branch.<!–more–>

Both amendments are designed to reverse the impact of Part 2, Article 73-a of the N.H. Constitution, which the courts have used in many cases since the article’s enactment in 1978 to protect judges’ assumed authority within the courtroom and beyond to advance rules that have the “force and effect of law.” Some have even proposed that 73-a makes the Chief Justice the “administrative head” of the Legislature, which is also known as the “General Court.” The amendments would help restore the separation of powers required by Part 1, Article 37.

“We’ve seen judges write orders that directly violate the constitution’s freedom-of-speech, freedom-of-the-press or right-to-bear-arms provisions, and because of 73-a, those orders have the full ‘force and effect of law’ and put innocent people in jail,” said State Rep. George Lambert, R-Hills. 27. “I want to see us return to the New Hampshire I learned about in school, where judges make decisions that protect the rights of people based on the clear language of the state constitution. That’s why we need these two simple fixes to our constitutional language.”

Former Police Officer Bradley Jardis of Dover, N.H., is now acting as Attorney-in-Fact for Jason Talley of Keene, N.H., a journalist who was arrested for wearing a camera on his belt into a courtroom after a judge issued rules under Article 73-a that said no cameras carried by members of the public were allowed into the building. Talley argues that he was carrying the camera as part of his Part 1, Article 22 N.H. Constitutional right to the freedom of the press, a freedom that was recently upheld by the August 2011 Glik decision in the First Federal Circuit Court of Appeals. Yet, because the New Hampshire rules on cameras have the apparent “force and effect of law” under Article 73-a, Talley was arrested on charges of contempt, among other charges. The trial is scheduled for April.

Jardis isn’t stopping with the apparent abuse inherent in Talley’s case, however. He noted how the court rules regarding cameras that led to Mr. Talley’s arrest surfaced just three days after Keene District Court Judge Edward Burke was filmed on tape asking a Bailiff to arrest Adam Mueller of Keene for threatening him. Mr. Mueller spent two days in jail as a result of Burke’s accusation under RSA 640:3(b), Improper Influence. The problem with Burke’s assertion is that Mueller’s videotape shows the videographer simply asking the judge questions. On the video, Mueller politely asks Judge Burke about the judge’s decision to jail Beau Davis of Keene for five days on a contempt charge for simply refusing to remove his hat in Burke’s courtroom. Mueller is heard asking on the video, “Do you think people want to pay for someone to be in jail for five days for wearing a hat? It’s kind of ridiculous to waste taxpayer money on that, don’t you think?”

After his arrest, Mueller attempted to pursue Burke on a charge of False Reports to Law Enforcement under RSA 641:4, I, but that charge was never brought. Mueller says the event is a clear sign of a double standard when it comes to public officials. In his video chronicling the incident, he notes that he has a friend currently serving six months in jail for doing the same thing Burke was filmed doing.

Video of the Mueller incident is available at http://www.copblock.org/13976/doublestandard/ and video of the Davis incident is available athttp://www.copblock.org/5464/freebea/.

“I typically do not like the activism tactics of some of the people who confront Judge Burke and other officials in the Keene area, but as a former police officer, I find it inexcusable that government officials think they can get away with treating people so poorly simply because they are politically unpopular or annoying,” Jardis said. “I am willing to stake my reputation on this issue because I truly believe it is the right thing to do. After seeing this, it’s definitely time to amend 73-a and rebalance government authority so it protects the rights of the People.”

Rep. J.R. Hoell, R-Merrimack 13, who has been involved with Jardis’s latest efforts to call attention to judicial abuse, noted the recent action of Judge Timothy Vaughan in Grafton Superior Court in December. At the time, Judge Vaughan issued a restraining order against Bradley Jardis and Tommy Mozingo, and anyone associated with them, prohibiting them from lawfully carrying weapons onto any campus of the University System of New Hampshire under penalty of contempt. The judge also ordered Jardis and Mozingo to post a copy of the restraining order on a specific Web site, a violation of their freedom of speech.

“With 73-a in place, judges are assuming unbridled powers to order people to do practically anything they want them to do, and they are jailing many peaceful dissenters,” Hoell said. “This is a clear sign that the constitution needs amendment to fix this. At the same time, if we cannot amend the constitution, it may be time for the House to introduce charges of impeachment. It is clear to me that some judges are abusing the authority delegated to them, and their abuses include but are not limited to corruption, malpractice and maladministration.”

For more information, please contact the three media sources listed at the top of this press release.

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Keene’s Tank Man?

Keene’s Tank Man?

Garrett Ean of FreeConcord.org has created a mashup of “Tank Man” with the Lenco BEARCAT armored attack truck. According to Wikipedia:

Tank Man, or the Unknown Rebel, is the nickname of an anonymous man who stood in front of a column of Chinese Type 59 tanks the morning after the Chinese military forcibly removed protestors from in and around Beijing‘sTiananmen Square on June 5, 1989. The man achieved widespread international recognition due to the videotape and photographs taken of the incident.

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Bob Constantine’s Update on Nurse Patricia Appeal to the NH Supreme Court

Thanks to Bob and Brooks Constantine for spending the day with me to record the New Hampshire Supreme Court. We joined over 500 government school kids to hear an appeal by Patricia Smith’s lawyer, Marc Sisti, asking that she not be locked in a New Hampshire cage. Employees of “the State” intend to lock Nurse Patricia in a cage for 2 – 4 years because she grew plants that the State deems ILLEGAL – so illegal that taxpayers will be funding the work of the Women’s State Prison to “correct” a peaceful woman.

Nurse Patricia believes she owns her body and that it isn’t owned by some legal fiction that individuals call the State of New Hampshire (or the court, the cops, the Ku Klux Klan, Al-Qaeda or any other conspiracy to make other people miserable. All of these organizations use violence to achieve their goals so they don’t have my support).

As Bob points out in the video above, Nurse Patricia was forced to give the U.S. Federal Government $51,000 so that she could keep her house.

Laura Kiernan produced today’s “On the Road” session of the New Hampshire Supreme Court and made it easy for me to record it. Power was supplied as well as a choice location. I was unmolested by the 8 Bailiffs who all acted in a professional manner. Thanks to the Moultonborough Academy for hosting. Here’s Laura’s press release for the event:

CONTACT:
Laura Kiernan
Communications Director
lkiernan@courts.state.nh.us
603-271-2646 ext 2359
See photos of previous “On the Road” sessions

Supreme Court’s 13th “On the Road” session set for October 20
at Moultonborough Academy

CONCORD, October 14, 2011 – The New Hampshire Supreme Court’s annual “On the Road” special session will be held on October 20 at Moultonborough Academy. More than 500 students from 11 high schools in the area are expected to attend the event, which includes an informal question and answer session with the lawyers appearing before the court and with the justices themselves.

Since 2002, the members of the Supreme Court have traveled to a different location around the state to provide high school students with a unique opportunity to learn about the court and how it works and talk with the justices about their background and their careers.

The moderator for the Supreme Court special session will be Merrimack County Superior Court Judge Larry M. Smukler. Seating is reserved for students from participating schools; 20 seats are available to the public on a first-come first-served basis.

Prior to the October 20 special session, during which the justices hear oral argument on actual Supreme Court cases, volunteer lawyers visit each of the invited schools to discuss in advance with teachers and students the legal issues and proceedings involved in the cases that will be heard by the court. The same protocols used at the Supreme Court in Concord during oral argument will be followed during the session at Moultonborough. After each case is heard, the lawyers involved take questions from the student audience about the cases they have just presented.

In addition to students from Moultonborough Academy, students from the following schools are also participating in the October 20 program: Kingswood Regional High School; Laconia High School; Inter- Lakes High School; Prospect Mountain High School; Winnisquam Regional High School; Laconia Christian School; Belmont High School; Franklin High School; Tilton School; and New Hampton School.

Lawyers who volunteered to visit the participating schools to brief students on the two cases to be heard by the court are: Former New Hampshire Attorney General Philip T. McLaughlin; Assistant Attorney General Jane E. Young; Attorneys Paul A. Maggiotto of Concord; Joshua M. Wyatt and Kristin R. Blanchette of Manchester; Dorcas J. Gordon of Laconia, and Jeremy D. Eggleton of Concord; Belknap County Attorney Melissa Countway Guldbrandsen and assistant Belknap County Attorney Benjamin E. Leduc; public defenders Donna J. Brown and Stephanie Hausman; and assistant U.S. Attorney Michael McCormick.

The “On the Road” program was launched in May 2002 at St. Anselm College in Manchester. Since then, sessions have been held at Dover High School, Dartmouth College, Plymouth State University, Keene State College, Nashua North High School and Philips Exeter Academy, Berlin Junior High School, Bow High School, Souhegan High School, Memorial High School and Sanborn Regional High School. These sessions are the only occasion when the Court convenes outside the Supreme Court building in Concord. Approximately 5,500 high school and college students have participated in the program since it began.

In the first case to be heard by the Supreme Court during the special session, State of New Hampshire v. Roderick Davidson, the justices have been asked to consider whether the defendant was denied his constitutional right to a fair trial because the jury in his case was allowed to hear evidence about the defendant’s controlling behavior toward the victim. The defendant, who was convicted of three counts of misdemeanor simple assault, also contends that his action toward the victim was justified under the law because he says he was trying to prevent her from taking his property, in this instance his car keys.

In the second case to be heard by the justices during the special session, State of New Hampshire v. Patricia Smith, the defendant argues that local law enforcement officials violated her constitutional right to privacy and protection from unreasonable searches when they conducted a stakeout in a wooded area behind her home. Local officials had received a tip that the defendant was growing marijuana at her home and they obtained a search warrant for the house after detecting the odor of growing marijuana during the surveillance. The defendant, who was convicted of manufacturing marijuana, contends the evidence found in her house should have been thrown out of court because the officials should have obtained a search warrant before they came onto property that was close to her house.

To learn more about the Supreme Court’s “On the Road” program, and for summaries of the two cases to be heard by the court, and the legal issues involved, go to http://www.courts.state.nh.us/student/ontheroad.htm.

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Union Leader: Court tells police to let the public videotape

From UnionLeader.com, the newspaper with the largest circulation in New Hampshire:

CONCORD — Police in several communities in New Hampshire have arrested people videotaping police officers, but according to a ruling from the federal First Circuit Court of Appeals in Boston, the arrests violate their First Amendment rights.

The ruling in the case of Simon Glik, a Boston attorney arrested for filming Boston police officers arresting a man on Boston Common, states: “Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting ‘the free discussion of governmental affairs.’”

And the court ruled “a citizen’s right to film government officials, including law enforcement officers, in the discharge of their duties in a public place is a basic, vital, and well-established liberty safeguarded by the First Amendment.”

In New Hampshire, citizens have been arrested for recording police officers performing their duties — including several publicized cases in Weare, Nashua, Manchester, Portsmouth and Keene.

For the past three legislative sessions, bills have been introduced to make it clear citizens have a right to record police officers performing their duties in public places, but to date none have become law.

Rep. Al Baldasaro, R-Londonderry, is the prime sponsor of House Bill 145, which is still in the Senate Judicial Committee after it passed the House this session. The Senate will act on the bill in January.

Baldasaro said Tuesday: “I think the ruling is a win-win for law-abiding citizens. In my opinion, it is unconstitutional to stop people from videotaping police in public places.”

Senate Judiciary Committee member Sen. Fenton Groen, R-Rochester, said he will propose an amendment that changes police officers to all public officials, requires the person doing the recording to notify police or public officials they are being recorded and clarifies that the recording is the private property of the person who made it.

Baldasaro noted there are a number of communities in the state where cell phones have been confiscated after videotaping police in public places.

One publicized case involved Carla Gericke of West Lebanon, a member of the Free State Project, who recorded a Weare police officer during a traffic stop for speeding.

She was charged with felony wiretapping and disobeying a police officer. The charges were dropped and a judge ordered police to return her cell phone.

Two other members of the Free State Project were also charged with wiretapping violations after they recorded traffic stops by Weare police.

On Tuesday, Weare Police Chief Gregory Begin said he was not aware of the First Circuit’s ruling and could not comment on it.

In Keene, other Free State Project members have been arrested for making recordings in the District Court.

Keene Police Chief Kenneth J. Meola said the First Circuit ruling would not mean any change for his department, because it is legal in New Hampshire to record police in public places.

The First Circuit ruled unanimously in Glik’s favor. A Boston District Court had dismissed or thrown out three charges Boston police filed against Glik: violating Massachusetts’ wiretapping statute, disturbing the peace and aiding in a prisoner’s escape.

Glik filed suit in federal district court, claiming his arrest violated both his First and Fourth Amendment rights. When the court ruled in Glik’s favor saying, “this First Amendment right to record the activities of police officers on public business is established,” Boston police appealed the ruling.

TALLEY’S TAKE

I scooped the Union Leader on this story by several days and I’m glad to see this opinion by the 1st District Court getting the coverage it deserves. I think it’s great that a reporter called up the Weare Police Department Chief Gregory Begin, who said that he “was not aware of the First Circuit’s ruling and could not comment on it.”

Ignorance of the law shouldn’t be an excuse if you’re a law enforcer. They, more than anyone, signed up to participate in a system that subjects them to man made legislation. Plus, they enforce this “law” so it should apply them them as well. The most paramount being the very first amendment to the Constitution, which they swore to uphold. As is usually the case, instead of protecting rights, law enforcers violate them in obvious ways. See: camera snatching and wiretapping.

Some politicians are hoping to tinker with their laws:

Senate Judiciary Committee member Sen. Fenton Groen, R-Rochester, said he will propose an amendment that changes police officers to all public officials, requires the person doing the recording to notify police or public officials they are being recorded and clarifies that the recording is the private property of the person who made it.

Radley Balko has this take on why one might not want to tell law enforcers that they are being recorded:

 If you’re recording a cop beating the hell out of someone, it isn’t difficult to see why there might be some problems with a law that requires you to make it obvious to the cop that you’re doing so.

But I prefer to tell public servants that they are being recorded and I’d like for them to get used to it.

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Talley TV on Free Keene TV Episode 5

KEENE – Yesterday, Free Keene TV featured my work profiling the victims of government threats and violence. Heika Courser and Ademo Freeman also interviewed me about Talley.TV and I refer to the recent report that New Hampshire set sales records for selling liquor while continuing to cage peaceful people for growing illegal plants. It’s the very last segment and runs about 14 minutes:

Also featured on this episode of Free Keene TV was the Keene Police Department’s Night Out, Michele Seven interviewing locals about the Thomas Ball Self-Immolation, and Jason Repsher, who sits in on the opinion panel before I appear. Two episodes of Talley.TV were featured including The State vs Nurse Patricia Smith:

and the very first episode of Talley.TV which featured the mass redress of grievances at the New Hampshire Liquor Cartel:

Last week, my interview with Nurse Patricia’s Mother was featured in episode 4 of FreeKeene.TV.

Thanks to everyone associated with Free Keene TV for having me on as a guest and featuring Talley.TV.

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Complete Playlist of Pete & Ademo’s Greenfield, MA Trial

On July 18th and 19th I travelled to Greenfield, MA with over fifty others to witness the State’s prosecution of Pete Eyre and Ademo Mueller. Despite the State’s overwhelming resources, Pete and Ademo were victorious at the end of the day because they had the truth on their side (as documented by rolling video cameras) and jurors who were willing to declare that the two liberty activists were, indeed, “NOT GUILTY.”

Learn more about their victory over the Greenfield, MA law enforcers, prosecutors, judge, and other employees of the State at CopBlock.org. Thanks to the Civil Disobedience Evolution Fund for sponsoring the Talley.TV live stream. Here’s the YouTube playlist containing 22 videos:

Help keep these reports from the “frontlines of freedom” coming by supporting our sponsor, CD Evolution, or by donating to the current Talley.TV fundraiser on the right.

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Doing the “State Free Dance” at the Jefferson Memorial

WASHINGTON, DC – On June 4th, a week after the violent crackdown by employees of the U.S. Park Police, hundreds of people travelled to the Jefferson Memorial to take a stand for freedom and to protest the police brutality witnessed on the viral video showing government employees choke and body slam peaceful dancers.

This episode of Talley.TV takes place after the successful disobedient dancing inside the memorial. Standing on the steps outside the memorial, some people took the microphone, provided by Code Pink, to share their favorite Thomas Jefferson quotes, speak about other abuses by the Park Police, and discuss other issues of importance. I plugged my tablet into the sound system and began playing the State Free Dance song produced by Hannah Hoffman. When she heard the song playing she excitedly took the microphone and led everyone in singing.

Read Hannah’s account and download the State Free Dance MP3 here.

This was a team effort. The video was taken by Ron Nair, who you can hear in the beginning of the video passing out the flyers he designed. The flyers were funded by PorcFest to advertise their “State Free Dance Party” at the Porcupine Freedom Festival. The food and transportation expenses to DC were covered by the Civil Disobedience Evolution Fund, thanks to donations by our supporters. In addition to being an organizer of the event, Eddie Free hosted Rob, Hannah and I at his home for several days. The crowd in attendance was largely due to Adam Kokesh (seen at the end hugging Eddie) and his following on RT.

It was a lot of work and logistical hurdles but we took a stand and along with hundreds of others, we were victorious.

One month later, on July 4th (aka IndepenDANCE Day), disobedient dancers returned to the Thomas Jefferson Memorial with fewer numbers, similar to the May 28th event.

Instead of chocking and body-slamming the peaceful dancers, the armed employees of the U.S. Park Police watched five people enjoy what Thomas Jefferson called a “healthy and elegant exercise.” Despite trying to intimidate dancers with assault rifles, armored vehicles and vests, U.S. Park Police refused to enforce the judge’s order banning dancing at the Jefferson Memorial. Victory belonged to the peaceful yet disobedient dancers. The State knows what to do with violent people, since they speak that language, but are totally unprepared for peaceful and entertaining resistance as demonstrated at the Jefferson Memorial.

Here are the lyrics to the “State Free Dance” by the talented Hannah Hoffman: Continue Reading →

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