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GDL Flyering Case law: ------------------------------------------------------------------------------------ Supreme Court of Georgia. STATESBORO PUBLISHING COMPANY, INC. v. CITY OF SYLVANIA. No. S99A0474. Decided: May 17, 1999 Ruling: "Flyering is free speech and is protected by the first amendment of the Constitution" http://caselaw.findlaw.com https://caselaw.findlaw.com/ga-supreme-court/1335794.html (upheld by US Supreme court, thus this ruling is the supreme law of the land) In Statesboro Publishing Co. v. City of Sylvania the Georgia Supreme Court struck down an ordinance banning the distribution of "any handbill or printed or written material by placing, or causing the same to be placed, in any yards, driveways, walkways or porches of any structure.” (thus this supreme flyer case law, law of the land, in the US today ) ------------------------------------------------------------------------------------ Jammison vs Texas 318 U.S. 413 (1943), the Supreme Court overturned the conviction of a Jehovah’s Witness who had violated a Dallas, Texas, ordinance prohibiting the distribution of handbills on the streets. The Court based its decision on the First and Fourteenth Amendment rights of freedom of the press and religion. The Dallas ordinance was overturned. Flyering is "not litter" and is legal on: public streets, sidewalks, and includes: City, State, and Federal property. ------------------------------------------------------------------------------------ "Terry Stops" (stopped for no violation) United States Supreme Court TERRY v. OHIO No. 67 Argued: December 12, 1967 Decided: June 10, 1968 TERRY STOPS - REASONABLE SUSPICION & PROBABLE CAUSE This case establishes the fact that an officer does not have to have probable cause as secured by the 4th amendment to stop a citizen, but only “Reasonable Suspicion” that a person has committed, is committing, or is about to commit a crime. However, the Supreme Court has also stated that an officer has to have “Specific and Articulable Facts” of what a person was doing that leads them to believe the person has done, is doing, or is about to commit a crime. “If the facts and circumstances before the officer are such as to warrant a man of prudence and caution in believing that the offense has been committed, it is sufficient.” https://knowyourrightsfoundation.org/terry-stops-reasonable-suspicion/ Terry stops (where legal) have 20 min MAX! ------------------------------------------------------------------------------------ Probable Cause: Director General v. Kastenbaum, 263 U.S. 25 “Good faith is not enough to constitute probable cause. That faith must be grounded on facts within knowledge which in the judgment of the court would make his faith reasonable.” But it gets its main definition from The Supreme Court case of… Draper v U.S. 358 U.S. 307 (1959) “Probable cause exists where the facts and circumstances within [the arresting officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that” an offense has been or is being committed.” So basically… “Probable Cause” is The doctrine taken from the 4th amendment to the U.S. Constitution that allows a police officer to arrest a person upon the belief that they have committed a crime. It involves any type of direct or circumstantial evidence or facts which leads a police officer to the presumption that a crime has been committed. ------------------------------------------------------------------------------------ Texas is not a "Stop and ID" state. Not required to ID unless there is/are "RAS" Reasonable Articulable Suspicion and/or SAF Specific and Articulable Facts of what a person was doing that leads an officer to reasonably believe that the person: has committed a crime, is committing a crime, or is about to commit a crime. etc... No "RAS" = no ID required. ------------------------------------------------------------------------------------------------------------------ RAS = Reasonable Articulable Suspicion (That I Have, that I Am or that I Will commit a crime) SAF = Singular Articulable Fact Suspicion - is not a crime! Soliciting- has a $ component, No $ = No Soliciting Obstruction- is a physical act, no contact, no Obstruction. "Obstruction can not take place by proximity or speech". "Nothing other than physical contact can constitute obstruction" FlyeringLaw5150

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