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*“THE LEGAL FOUNDATIONS OF THE AMERICAN GULAG ARE BEING LAID”—We Appeal VDARE vs. COLORADO SPRINGS To U.S. Supreme Court* ( [link removed] )
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From VDARE.com Editor Peter Brimelow ( [link removed] ) : " Of all the litigation that VDARE.com has embarked on since we realized that spending money on lawyers ( [link removed] ) was our only alternative to being forced out of the public square (vs. PayPal ( [link removed] ) , New York Times ( [link removed] ) , Facebook ( [link removed] ) , and others I’ve not written about yet), the case I was most confident about was VDARE FOUNDATION vs. City of Colorado Springs ( [link removed] ).
It stemmed from RINO ( [link removed] ) Mayor John Suthers’ reckless 2017 proclamation that he would not extend city services, aka police protection, to VDARE.com’s proposed conference at the Cheyenne Mountain Lodge, which not surprisingly cancelled shortly afterwards ( [link removed] ). But there is overwhelming federal case law establishing the principle that local governments must defend the First Amendment rights of even unpopular groups. ( Jared Taylor’s ( [link removed] ) American Renaissance had already prevailed in court ( [link removed] ) against the State of Tennessee’s parallel attempt to suppress its annual conference ( [link removed] ) by charging it for police protection.)
Our first lawyer even exuberantly undertook to take our case on contingency ( [link removed] ) —i.e., he expected to be paid out the extensive damages for which federal law provides in such civil rights cases. So I was surprised that Mayor Suthers did not immediately settle, thus arrogantly inflicting significant costs on his taxpayers (and of course us); and later that Magistrate Judge Kathleen M. Tafoya ( [link removed] ) and District Judge Christine M. Arguello ( [link removed] ) concurred in dismissing the case. However, I was absolutely thunderstruck when the U.S. Tenth Circuit Court of Appeals upheld this dismissal 2–1 on August 23, 2021 and also quickly refused our petition for an en banc hearing. (Our appellate brief is here ( [link removed] ).)
*Donate To VDARE.com's Legal Defense Fund here. ( [link removed] )*
This forces us to apply for certiorari ( [link removed] ) to the U.S. Supreme Court. It will be immensely expensive and logistically demanding for VDARE.com’s very small, and very poor, operation. Fortunately, we will be aided by a powerful and eloquent dissent from the Tenth Circuit’s heroic Judge Harris L. Hartz ( [link removed] ).
It’s impossible to overstate the importance of the issue at stake here—and not just for VDARE.com. As a noted First Amendment lawyer wrote me privately after the Tenth Circuit decision:
*"Essentially, the majority opinion stands for the proposition that the city is free to threaten private entities in order to suppress speech."*
Simply put, the majority opinion lays out the legal foundations of the American Gulag ( [link removed] ) being constructed by the Communists who apparently control the Biden Regime. It would mean that local governments can refuse to defend American patriots ( [link removed] ) against attack from Communist mobs ( [link removed] ). And, as we now know, if patriots defend themselves, they will be indicted by Soros prosecutors ( [link removed] ) (see here ( [link removed] ) , here ( [link removed] ) , here ( [link removed] ) , here ( [link removed] ) , etc.). This is what the late Sam Francis ( [link removed] ) called “anarcho-tyranny.” ( [link removed] )
This is completely new. No local government in the American South was allowed to refuse to defend Civil Rights anti-segregation demonstrations in the 1960s.My particular fear, for this and other reasons: that FBI Director Chris Wray’s crazy assertion ( [link removed] ) , after an entire summer of unchecked ( [link removed] ) Black Lives Matter /Antifa riots ( [link removed] ) , that “white supremacists” are the real source of “ domestic terrorism ( [link removed] ) ,” which is already being used ( [link removed] ) to suppress grassroots political dissent ( [link removed] ) against anti-white Critical Race Theory ( [link removed] ) in public schools, has also been propagated throughout the entire legal nomenklatura ( [link removed] ) under the guise of their role as “ officers of the court ( [link removed] ).”
If that’s so, any patriot who can be portrayed as pro-white aka pro-American will automatically be denied justice, regardless of the technical merits of the case.
In effect, we would be looking at a slow-motion institutional Communist coup.
Needless to say, we have no choice but to expend our money and resources in this attempt. For us, and for American patriots who want to protest their country’s destruction through post-1965 immigration policy, this is what the Chinese strategist Sun Tzu called “ Death Ground ( [link removed] ) ”—we must fight, or we will be totally driven out of the public square.
I’m not going to deny that this is a dark moment—for us and, frankly, for the U.S. Constitution. We will fight—but we need your help. Please give generously—now.
*Donate To VDARE.com's Legal Defense Fund here. ( [link removed] )* *
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