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Tucson Court Again Suspends First Amendment, Ends Warden’s Candidacy For City Council

March 22, 2009
Roy Warden


roy-wardenLate last month, after obtaining the necessary paper work from the Tucson City Clerk and consulting with several seasoned political operatives,  Roy Warden,  publisher of Common Sense II, informed the Tucson City Court he was planning to run for Karin Uhlich’s seat on the Tucson City Council in November 2009.

On March 16, 2009 Tucson City Court Judge Mitchell Eisenberg ended Warden’s fledgling candidacy by issuing an order which stated: “Do not speak within 1,000 feet of any public demonstration.”

“It’s the most, outrageous, unconstitutional court order I’ve ever heard of,” said  Warden. “There is simply no record, anywhere, of any court issuing such an order, or if it did, having any appellate court uphold it.”

For the past four years Warden has investigated the corruption of local political institutions—including the local courts—and spoken publically against Tucson City and Pima County Open Border Policy.

“These are the ‘Good Old Boys’ who opened the floodgates and brought in cheap Mexican Alien Labor to build billions of dollars of Arizona infrastructure and active adult retirement communities,” said Warden. 
“It’s no wonder why they want to stop my speech. When the rest of America wakes up to the fact that the leaders of Tucson City and Pima County Arizona bear heavy responsibility for every murder, every rape and every robbery committed by Illegal Aliens, some of these local officials—and that includes judges—are going to hang.”

Prior Restraint of Speech Not Permitted

“Regarding the doctrine of “prior restraint,” American courts have protected the rights of Nazis to march in Jewish neighborhoods, and the New York Times to publish the Pentagon Papers in a time of war.  Prior restraint of political speech on the theory it is dangerous to public safety is simply not allowed in American law,” said Warden. 

At the March 16, 2009 hearing Tucson City Prosecutor Alan Merritt argued Warden’s speech rights should be suspended because  local Hispanic radicals and members of groups like La Raza, MEChA, etc., had become so incensed at previous Warden rallies,  “they engaged in conduct and committed acts which they later regretted.  We must protect them from the consequences of their own actions by prohibiting Mr. Warden’s speech.”

More than a half dozen “Pendejo Thugs” have been arrested at previous Warden rallies for cursing, spitting, throwing objects, knocking down barriers intended to protect public safety and otherwise disturbing the peace.

During the Riot In Armory Park on March 10, 2006 six “Pendejo Thugs,” who knocked down police officers and kicked them in the face, were arrested for felony assaults on TPD officers, but Pima County Attorney Barbara LaWall refused to prosecute.

“Heckler’s Vetos are also not allowed,” said Warden. “The state may not prohibit political speech simply because it believes such speech might result in others breaking the law. That’s the kind of nonsense the racist goons and red necked thug Sheriffs and Judges in the South did at the commencement of the Civil Rights Movement.”

Warden says he intends to enlist the help of the ACLU to help him prepare an appeal of Judge Eisenberg’s Order via Special Action in the Arizona Appellate Court.

For further information, please contact:

Roy Warden, Publisher
Common Sense II
(520) 881-0535
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