Judge Voids First Amendment

April 20, 2015

All Posts, News

Judge Voids First Amendment

A circuit court judge in Illinois named Sharon L. Prather voided the First Amendment last week. Prather ruled that three cutoff vests owned by the American Outlaws Association can be seized because some policemen say the motorcycle club is a “street gang” and the vests are “contraband” used “to facilitate street gang activity.”

There is a substantial amount of federal case law that states that motorcycle club patches are a constitutionally protected form of free expression. In Roberts v. United States, for example, the Supreme Court ruled:

The Law

“An individual’s freedom to speak, to worship, and to petition the government for the redress of grievances could not be vigorously protected from interference by the State unless a correlative freedom to engage in group effort toward those ends were not also guaranteed. According protection to collective effort on behalf of shared goals is especially important in preserving political and cultural diversity and in shielding dissident expression from suppression by the majority. Consequently, we have long understood as implicit in the right to engage in activities protected by the First Amendment a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends.”

Many other legal cases including United States v. Apker and Sammartano v. First Judicial District Court have ruled that motorcycle club insignia is not inherently criminal and cannot be suppressed. Prather decided to make new law by declaring that the vests intimidate others.

Prosecutor Robert Zalud told Prather the vests must be be contraband because they aren’t “Boy Scout patches.” Without a shred of evidence, Zalud said the outlaws are, “are not out there doing good…. they are there to bully and to scare. That’s what they do.”

The Case

The vests were seized after five men wearing Outlaws cuts and a woman wearing a “property of” patch allegedly assaulted patrons of a bar called the Lizard Lounge in unincorporated Wonder Lake, Illinois in November 2012.

According to court testimony, two men were punched and kicked and the woman accompanying the outlaws spit beer in another woman’s face and threw the victim across a bar.

At the time of the arrests, McHenry County Sheriff Keith Nygren said the “motorcycle club members went to the tavern looking for a specific person.”

The accused are charged with felony aggravated battery and mob action.

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37 Responses to “Judge Voids First Amendment”

  1. Indiana MC Says:

    All cases of the establishment vs. a club comes down to two things, time and money. The one who has the most of both usually wins at least in the short haul. Cops have lots of time to do nothing but screw with you because they are paid for by your money. A win win for them. You can’t win the time and money game because they have all the time in the world while you have to go to work, spend time with family and generally take care of business. You have bills to pay, people to feed, chrome to buy whatever, you need your money for something other than cop blocking. What’s the solution to not get fuked over by the cops? Simple. Beat them at their own game, use your head instead of your wallet.

    Consider this. If your club really bothered to take the time could they surveil the judge could they find out her habits, where she shops, where she lives, who she is screwing, if and where she attends church, where her kids go to school? Sure you could and much easier then you might think. You could do the same with any particular cop that has proven himself a bastard ass. A few dozen people in street clothes and normal vehicles with modern technology (cell phones the throw away type) could track anybody across a city all day without ever really following them. By the end of the day you would know everything these is to know about the persons habits and haunts. Way easier to plan your objection, protest or friendly meeting when you know when they will be where YOU want them to be. Enjoy.

  2. FBomb Says:

    BMW, that’s their plan. Extra judicial punishment. They simply bring shit charges over and over forcing the clubs to defend themselves until they are broke.

  3. FBomb Says:

    Shadow, I doubt she’s liberal. The liberal members of the judicial system (including the US Supreme Court) tend to curb the overzealous abuse of police by the police. Honestly though, at this point there’s really little difference between the Republican party and the Democrat party…two side of the same coin…

  4. shadow Says:

    Just more proof that we no longer have a “Justice system.’ In it’s place, is a “legal industry.” Willing to bet that this “judge” is liberal as hell!! Any takers?

  5. Wolfenlover Says:

    Not sure if all of these judges are on drugs or members of incesstial families
    but the action is rather similar.A judge on Long Island, NY declared that 2 chimps have human rights.Wish I had the story link, but, it just tends to prove
    the mentality of those with “robes”?! OR just under Obozo’s power(MAYBE they are HIS relatives, meaning the CHIMPS)Too bad we can’t bring back the original
    engineers of the Constitution to have them rally the American people to start
    this TOSIAR! If I find the story I’ll post a link so that you can see the similarity to THIS travesty.


  6. BMW Says:

    This started with a single corrupt judge with a constitutional-destroying idea of stealing back patches from biker clubs, which he urged federal persecutors to use against the Mongols Mc. Now we see another judge who skipped her constitutional law classes make a similar ruling in Illinois against the AOA.

    How long will it be until YOUR club is targeted?

    How many clubs will have to take a Supreme Court case to get their colors returned?

    How many clubs have the money to take the fight to the USSC?

    L,H&R TO ALL 1%RIDERS!!!

  7. zed Says:

    Great write up rebel

  8. Molasses Says:

    Going to a save the patch function for a club that I’m not a member of. Why because it’s time to put our differences aside and fight the common enemy.

  9. panamaa Says:

    Well said,

    As always, respects..

  10. Paladin Says:

    The list of offenses committed against this Country’s Constitution and its Bill of Rights, by the current regime is far too long to list. However; keep in mind that the thug at the top couldn’t be king without congress acting as his court jesters.

    Long may You Ride (to those that deserve to),


  11. Jim666 Says:

    everything good has already been said, and better than i could have said it, i too am glad im almost outta here as it will and is getting worse, the pussys,rats,liers,theifs ans general scumbags are running the world these days, fuckem all up the ass striaght to HELL


  12. Tooj Says:

    The sick part of this is that there are currently cops going to the evidence room to sniff the cuts as they wank off…

  13. Asskiller Says:

    @martythe3 – “…all feel enrobed in a feudal sense of aristocracy”

    Quote of the day. Good one.

  14. RVN69 Says:

    The constitution is used as toilet paper by judges, beauracrats and politicians. It only means what they need it to mean at that time and is subject to change if they need it to change.


    The above is what happens when a local district attorney decides to use his office for political ends, the same thing holder does on the National level. Doesn’t matter who gets elected, the faces change, but the Bullshit stays the same.

    Good luck to the AOA in retrieving their stolen property.


  15. Tommy Says:

    Its only a matter of time before the people get sick of this bullshit corruption and take charge. Its all spelled out in the constitution and thats why the second amendment is so important. The government knows this so thats why they continue to infringe upon it. We have to continue to fight for the second amendment or we are doomed

  16. VAGO 1%er Says:

    @ Astrdaemon

    We have already been called “domestic terrorists”.

  17. AVAGOVFFV Says:

    Useless turds every last one of those pricks. Sure hope this asshole judge is voted in by the citizens and not appointed. Stay strong AOA. Fuck that punk bitch judge may he suffer a slow and horrific painful demise.

    Astradaemon Says,
    “What a bunch of bullshit. Next thing you know, they’ll be calling 1%ers domestic terrorists.”

    Too late it’s already has been done several times the abc’ers even have a domestic terror field card similar to a gang field card.

    Viva Los Vagos

  18. panamaa Says:

    Next thing ya know they will be arresting mugs when a cop shoots and kills another cop!!!…. Oh, wait a minute………..

  19. bcnasty Says:

    Shame, the same people put in place to protect our constitution turn into lib tards and shit all over it. Stop this crazy world and let me off as the ride is no longer fun.

  20. martythe3 Says:

    same shit different day…

    Our pigs, judges, and politicians all feel enrobed in a feudal sense of aristocracy. We are but mere pawns sent to fight wars, cook their food, build and clean their cities.

    If and when the shit hits the fan, their shoes will be the wrong place to be.

  21. Road Whore Says:

    @ astradaemon, who said:

    “What a bunch of bullshit. Next thing you know, they’ll be calling 1%ers domestic terrorists.”

    Sadly they’ve already used that paintbrush on 1%ers, AND they’ve even gone so far as to say returning war veterans might pose a problem to homeland security and tried to trot out the domestic terrorist label for them too. Pretty soon anyone that disagrees with ANY “official” policy will be a domestic terrorist, and then we will be full blown Amerika.

    @ Sieg: true words, my friend.

    Ride Free

  22. Road Whore Says:

    @ astradaemon, who said:

    “What a bunch of bullshit. Next thing you know, they’ll be calling 1%ers domestic terrorists.”

    Sadly they’ve already used that paintbrush on 1%ers, AND they’ve even gone so far as to say returning war veterans might pose a problem to homeland security and tried to trot out the domestic terrorist label for them too. Pretty soon anyone that disagrees with ANY “official” policy will be a domestic terrorist, and then we will be full blown Amerika.

    @ Sieg: true words, my friend.

    Ride Free

  23. TCBeachBum1% Says:

    I here ya viking 1%er , thank god i dont have that much more time either its only gonna get worse,

  24. 10-Pin Says:

    astradaemon – That day has come already. Several times actually.

    Rebel – I had hoped to see your take on this. I saw a news article earlier and could only shake my head.

    As others have said, the club will get the cuts back, but they will have to jump through the hoops. Just another example of a Circuit or District court judge ignoring the law, butt-buddying with the DA/Prosecutor, and displaying their bias for all to see. They’ll continue to get away with it until more sheeple shed their wool…

  25. Gordy Says:

    I am not a biker. I am a short and scrawny nerd. But every time I have encountered a 1% wearing a club patch I have never been treated with anything but mutual respect.

    But lets just say for the sake of argument that the club patches do “intimidate” others. I would call that an irrational fear. Treat someone with respect and you almost always get respect in return.

    I just re-read the constitution to be sure but I saw nothing there that empowers the federal government to protect someone from irrational (or even rational) fears. I have not read the state constitution but I doubt that the state is empowered to do so either.

    Where does this judge get the idea that he has powers not granted by any constitution?

    Too much in this country is being decided by one man. Not by the legislation. Not by the people. One man.

    If we have any hope for this country in the future, we need to get back to the rule of law as specified in our respective constitutions. Remember that when it again comes time to cast votes.

  26. doorag Says:

    This shit has got to stop!! sheeple better wake the fuck up. how these judges stay on the bench is mind bending.look at all the cops just this year alone that have been recorded beating,shooting & running people down with squad car’s. seems to me a judge should be taking they’re colors !! Good luck to A.O.A
    Respect to all who deserve it
    PS welcome back Rebel

  27. Wolfenlover Says:

    EXACTLY, Sieg, EXACTLY! We won’t ever hear the real story. Not from the “publications”.
    @astradaemon, they already DO!


  28. Sieg Says:

    The AOA will reclaim their property, but as usual, it will cost. Just another version of “punishment by indictment”.

    And of course, the PH just went on in there, randomly, and attacked innocent people. Happens all the time, right?!

    Wonder Lake, also known as “Wondertucky”, and “Scum Lake” to locals, has a fine group of citizens, so I know none of them would have tried to jank anyone at all, let alone an AOA member. Oh wait-you don’t suppose one of the local three-teef talked some shit at the Lady who was with the PH and then couldn’t back it up, do you???


  29. Tooj Says:

    If this is correct, then anyone stripping the vest off a iorc member would not be performing theft or an assault, they would be performing a public service.

    You just can’t have it both ways, LE, you gotta decide.

  30. astradaemon Says:

    What a bunch of bullshit. Next thing you know, they’ll be calling 1%ers domestic terrorists.

    I agree with FBomb. Some of the most corrupt people are the least obvious…

  31. Wolfenlover Says:

    I’m with you, Viking 1%er! Just makes me continue to think I was born way too late! FTF FTUO FTP & BIG FTW


  32. Phuquehed Says:

    Rope. Tree. Pathetically useless, air-wasting judges like the fucktard known as Prather, and dick-sucking faggot DA’s like the one known as Zalud.

  33. FBomb Says:

    Typical bullshit that is happening all over the country. Trying to ban three piece patches because “gangs” wear them, when the REAL criminals are wearing three piece Italian suits on Wall Street.

  34. Viking 1%er Says:

    And so it begins………….AGAIN!!!!!!!!!!! Now the AOA is gonna have to appeal and appeal possibly all the way to the Supreme Court to hear this case or it will be the beginning of DAs across the country sighting this one for their case law arguments. Might be for the best that I have a lot fewer days ahead of me than behind me the entire fucking planet seems to be circling the drain along with a hell of a lot a turds.

  35. Paladin Says:

    The club will get their vests back. If the club in question files a complaint (and they should), there is a good possibility that judge (small “j” for a small Judge) Prather will be sanctioned for what is clearly a vexatious ruling.

    Prosecutor Robert Zalud told Prather the vests must be be contraband because they aren’t “Boy Scout patches.”

    Zalud’s statement is analogous to: The sky is blue, it can’t be Thursday! Note to self: Don’t drink the water if in Illinois.

    Long May You Ride (to those that deserve to),


  36. John Deaux Says:

    I get so tired of this bullshit, the whole justice system is useless, the corrupt lazy good for nothing judges, the special interest military police agencies and POS politicians.
    Past time to clean house of these scumbags.

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