Why Wait For A Crime?

It sounds like a Monty Python sketch, but it's the wrong Terry Jones.  As you may have heard, Jones, the Koran-burning pastor, was in Dearborn, Michigan, planning a protest outside the Islamic Center of America. (For those not from the area, Dearborn was where Henry Ford built his headquarters.  Today it has a large Arab population, many of whom are Muslims.)

Local authorities decided to prosecute Jones, and the jury decided that a rally at the Center would be a breach of the peace.  The judge agreed about the future crime and required Jones pay a symbolic $1 bond and banned him from any Dearborn mosque for three years.

Anyone familiar with the First Amendment knows this sort of prior restraint is unconstitutional.  I'm just shocked the authorities thought they could get away with it.  I have no doubt the decision will be overturned, or otherwise local governments could ban any protest they don't like.  The only question now is will Jones sue, and will the authorities behind this case be held responsible.

PS  In other First Amendment News, the Obama administration has asked the Supreme Court to reinstate the FCC indecency policy that was tossed for being too vague and leaving broadcasters uncertain what they could or couldn't do.

Acting Solicitor General Neal Katyal, the administration's top Supreme Court lawyer, said the justices should hear the case because the appeals court has stripped the FCC of its ability to police the airwaves.

We certainly wouldn't want that.  Then it'd be just like books and magazines.  And CDs and DVDs.  And cable.  And even with today's widespread TV ratings and lockout technology, there's apparently still no other solution.