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Originally Posted by RawAlex
There is an agreement to not move forward for a selected group of people (the "FSC plaintiffs"), but no real restriction or legal issue on the law. There is a hearing for an injunction in August, but in the mean time, the law stands unemcumbered.
A TRO (even if it had to be renewed every 10 days) would put a legal issue out there that would pretty much make actions from the DOJ look pretty bad, ie: there is a TRO, what the heck are you doing bothering other people?.
Now there is nothing.
Now the DOJ can go wild without restriction, at least until August 15th and probably weeks or months beyond that as the legal arguments go on.
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I have been discussing this point with friends for a while now. Basic legal protocol is that when a TRO is filed and undecided, the Justice Dept doesn't move forward WITH ANY prosecutions under the law until the matter is settled. Check precedent.
Now, the Justice Dept has a back door and clear breathing room to get around restrictions to prosecutions. Instead of the FSC making it harder for the Feds to prosecute anyone until the challenge is decided in court, they HAVE MADE IT EASIER for them to go after a select, target audience (non FSC members).
So basically, the FSC made a deal with the DOJ that no other civil rights orginization would have.
Why? They siezed control of the debate and we let them. They leveraged the situation so that they controlled the oppositions voice and THEN they said, "no pay, no protection".
This is more about gathering power and resources than it is about defending Free Speech.
Again...I have no beef with FSC members. You are excercising your own right of free speech and making hard decisions to help protect yourselves, your families and your businesses.
It's just a SAD DAY IN AMERICA when you have to pay so that your rights in the USA can be legally protected.
I thought we were better than that. "Silly patriot! Justice is for members only!"
I'll scuttle my own ship, thank you. I'm bright enough to make money other ways.