America's North Shore Journal

Supporting the Ninth Amendment

No free speech for you


Free speech is under attack in upstate New York. It is offensive speech. It is crude, rude, racist speech. And it is entirely protected from government interference by the First Amendment to the U.S. Constitution.

First Amendment

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 redress of grievances.

In March, an activist who writes the Davy V blog, brought certain Facebook posts to the attention of authorities in the city of Rochester, New York, and the neighboring town of Irondequoit. The posts appeared on the private Facebook pages of Rochester 911 Deputy Director Stephen Cusenz and Irondequoit police officer Detective Jim Frascati.

One of Detective Jim Frascati's Facebook posts

One of Detective Jim Frascati’s Facebook posts

One of Detective Jim Frascati's Facebook posts

One of Detective Jim Frascati’s Facebook posts

The first comment on the last image seems to be the one that got Stephen Cusenz in trouble.

WHEC states this about Frascati’s posts:

The posts attributed to Frascati were allegedly made on a personal Facebook page and had nothing to do with the Irondequoit Police Department.Watch Ungodly Acts (2015) Full Movie Online Streaming Online and Download

Time Warner News reports this about Cusenz’s Facebook activity:

The posting in question is a response Cusenz reportedly left on a post made by an Irondequoit officer, who is also being investigated for racially insensitive posts on Facebook.

Cusenz’s Facebook activity has cost him five days without pay and mandatory “diversity and inclusion training”, according to Rochester Homepage, which posted the press release.

(Wednesday, March 25, 2015) – The City of Rochester has issued a five-day suspension without pay for the Deputy Director of Emergency Communications.

After conducting an internal investigation into allegations that the Deputy Director posted inappropriate comments on a social media page, the Emergency Communications Department determined he did in fact make the post.

Although the post was made on his personal account and outside of his work hours, the Department determined that, as Deputy Director, he would be held accountable for his professional and personal actions at a higher level than other “rank and file” employees. Additionally, the Deputy Director will be required to take diversity and inclusion training prior to returning to work.

The City of Rochester Emergency Communications Department is a well-respected and inclusive organization. Department employees are trained to be professional at all times and to respect the diversity of their fellow workers and all of the residents they protect and serve at the 9-1-1 Call Center.

Since this matter is of a personnel nature, no further comment or statement will be issued.

WHEC reported on April 9 that the Irondequoit Town Board had authorized Supervisor Adam Bello to terminate the employment of Detective Jim Frascati at his option.

Irondequoit’s town supervisor is taking steps to fire that officer after the town board approved a proposal to give him the power to do so. The board gave Supervisor Adam Bello the option to end Detective Jim Frascati’s employment with the department and Bello says he intends to do that.

Both men will probably file lawsuits. As a taxpayer in Irondequoit, I will be helping to pay Detective Jim Frascati’s winnings, which could amount into the hundreds of thousands of dollars. I am complaining about that, and the clear lack of understanding of the Constitution displayed by the Irondequoit Town Board and Supervisor Adam Bello.

In 2010, the then director of the ACLU told NPR:

The First Amendment really was designed to protect a debate at the fringes. You don’t need the courts to protect speech that everybody agrees with, because that speech will be tolerated. You need a First Amendment to protect speech that people regard as intolerable or outrageous or offensive — because that is when the majority will wield its power to censor or suppress, and we have a First Amendment to prevent the government from doing that.

Do the Facebook posts rise to the level of hate speech? It doesn’t matter.

  • Terminiello v. Chicago (1949)

    [F]reedom of speech…,” Justice William O. Douglas wrote for the 5-4 majority, is “protected against censorship or punishment, unless shown likely to roduce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest … There is no room under our Constitution for a more restrictive view.”

  • Brandenburg v. Ohio (1969)

    Writing for the unanimous Court, Justice William Brennan argued that “the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.”

  • National Socialist Party v. Skokie (1977)

    County authorities attempted to block the Nazi march, but their efforts were overturned by the U.S. Supreme Court in a terse ruling.

  • R.A.V. v. City of St. Paul (1992)

    After a teenager burned a makeshift cross on the lawn of an African-American couple, the St. Paul Bias Motivated Crime Ordinance—which prohibited symbols that “[arouse] anger, alarm or resentment in others on the basis of race, color, creed, religion or gender”—came into effect. In a unanimous ruling written by Justice Antonin Scalia, the Court held that the ordinance was excessively broad.

  • Virginia v. Black (2003)

    In a 5-4 ruling written by Justice Sandra Day O’Connor, the Supreme Court held that while cross-burning may constitute illegal intimidation in some cases, a ban on the public burning of crosses would violate the First Amendment. “[A] State may choose to prohibit only those forms of intimidation,” Justice O’Connor wrote, “that are most likely to inspire fear of bodily harm.”

  • Snyder v. Phelps (2011)

    In an 8-1 ruling, the U.S. Supreme Court upheld Westboro’s right to picket. While acknowledging that Westboro’s “contribution to public discourse may be negligible,” Chief Justice John Roberts’s ruling rested in existing U.S. hate speech precedent: “Simply put, the church members had the right to be where they were.”

Bluntly, being offended is your God-given right under the U.S. Constitution. The government is prohibited from protecting your delicate feelings. Grow a pair. Pull up your big girl panties. Lots of people are assholes and you are just going to have to deal.

While they may sound like two squads of a gay relay team, oakley sunglasses outlet blue jets and red sprites are actually the names of what occurs above the clouds during a lightning storm. Only visible from space or from an airplane (or from a space airplane), these things look like the exhaust ports on a Megazord and we are totally putting them on our Christmas list.. Researchers would normally request the seeds from a bank in Aleppo. But that centre has been damaged by the war while some of its functions continue, and its cold storage still works, it has been unable to provide the seeds that are needed by the rest of the Middle East, as it once did.. GOLDMAN: Doctors know a lot more today about football concussions than they did five years ago. Although there is still some controversy, there is also near consensus on a couple of basic issues. She is going to bring up her free hand and she is going to do a chin across the face. She is going to push her palm into my chin right about cheap oakleys here and what this does is this turns my body out, giving her space. This principle applies most clearly to veterans Cheap ray bans of the recent wars in Iraq and Afghanistan. The US Department of Defense terms TBI the ‘signature injury’ among veterans from these wars.3. You won’t have the cheap jerseys latest gadgets everyone back home is talking about. You won’t see the newest films in theaters, nor catch the new TV series as it actually airs. This hardly seems like the thing one would do if they were on the verge of a break up. Alabama is currently No.1 in the country and they won the national championship under coach Nick Saban in 2011 and 2012, and hope to do it again this year.. He scored 57 goals in seven seasons in the Premier League, by far the most by an American. Last season, he played for Tottenham. In the 1950s, television was still a new medium, but watching human suffering was already a cheap oakleys well established pastime. Strike It Rich began as a radio show on CBS in 1947 and did well enough to make a successful jump to the small screen in 1951. “We recently had a ruling in India that says there should be no differential pricing for services, even if you are trying to give some basic services for free, that’s not going to be allowed. So, that’s disappointing for the mission of what we are trying to connect people and is a major setback in India,” Facebook founder and CEO Mark Zuckerberg said here last night in his keynote address at the Mobile World Congress.. Later on, the pain may extend downwards. This pain, at the front of the leg, gets aggravated with movements of the legs, particularly in the forward or upward direction. We investigated whether circadian misalignment was associated with adverse sleep outcomes before (preflight) and during spaceflight missions aboard the International Space Station (ISS). Actigraphy and photometry data for 21 astronauts were collected over 3,248 days of long duration spaceflight on the ISS and 11 days prior to launch (n=231 days).
If this post helped you, why not buy me a cup of coffee?

Running this website costs time and money. If you would like to make a small donation supporting the site, click here.

America's North Shore Journal © 2014 Frontier Theme