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Letters, 3/29: Rights melting with snow

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Wednesday, Mar 29, 2006 - 12:09:37 am CST

In the article “Police called to break up 3 lewd snow sculptures” (LJS, March 24), you report the destruction of snow sculptures by Lincoln police but fail to mention that this action was probably in violation of the First and Fifth amendments to the U.S. Constitution.

The Constitution ensures for us the rights to free expression and due process. We shouldn’t abridge these rights just because the snow might melt before we can do something about it.

Michael Cornelius, Lincoln

‘Treat everybody fairly’

I am Michael Herchenbach’s father.

First of all, I think Judge Gale Pokorny and Police Chief Tom Casady have abused their power to the point that they need to be held accountable for their actions.

I wonder how many parents in Lincoln who allow their high-school-age kids to have parties will end up in jail for 30 days because their name is on the lease for their home. I’ll bet none.

To Judge Pokorny and Chief Casady: Stop singling out the easy targets and start doing your jobs and treating everybody fairly.

Lyle Herchenbach, Lindsay

No game for Husker fans

Here we are almost two hours into the Husker baseball game against Kansas on Saturday, and still not able to view the game on Time Warner Cable Channel 77.

Thanks to Athletic Director Steve Pederson for trying to fix something that wasn’t broken when broadcasting rights were moved from NET to Cox Communications.

In this day of technology, you would think that Cox Communications and Time Warner would at least test the feed ahead of time to ensure viewers would be able to see the game on Time Warner Channel 77. So much for providing good customer service! 

Robin Hoffman, Lincoln

Don’t give our jobs away

The people just can’t close their eyes and make a wish and hope all illegal immigrants will go away or be gone when we open our eyes.

There are an estimated 18 million illegal aliens in this country that we know about stealing our jobs and future and our country, and we have senators like Chuck Hagel and and other Republican senators that want to help them steal our jobs.

Sen. Ben Nelson wants to help stop illegal immigrants from coming into this country and would like to put a fence around our borders. 

The American people don’t want our senators to help keep those illegal immigrants already here so the rich companies can have cheap help to make them richer. Americans are thankful that election time is just around the corner, and if those senators sell us out to illegal immigrants, then we will sell out our senators’ jobs to new people.

There is one easy and cheap way to take care of this problem. We need and want a bill that will fine any company $10,000 a day for every day for each person. All we have to do is to take away their work that belongs to us Americans and those illegal immigrants will leave all by themselves.

All those senators that vote against the people just may get the highway.

Arnold Kehm, Lincoln

Schools just showing off

Passing the $250 million bond for Lincoln Public Schools is just a perfect example of LPS administrators showing off.

There is no doubt that there are schools in Lincoln that need remodeling and others need to be built. Schools such as Lincoln Southeast and Lincoln Northeast need quite a bit of repair.

The amount of money is what is in question here. $250 million! Schools such as Lincoln North Star and Southwest were built for around $40 million apiece. You don’t need to spend that kind of money on a school. Sixteen- and 17-year-old students don’t need to practice for the choir or the band in multimillion-dollar facilities. Schools don’t need extras such as special tile on the floor or Internet connections in the hallway, etc., etc.

High school students need a school that is big enough to accommodate all students, clean and safe. That’s it! $250 million will be spent. In my opinion, $100 million of that amount is just for showing off to other school districts!

Ryan Seagert, Lincoln

Don’t prolong mistakes

I am tired.

Tired of worrying about the long-term effects of a war that has killed over 2,300 U.S. soldiers. Tired of trying to resolve the cognitive dissonance created by news that my country is saving Iraq by killing thousands of their children. Tired of hearing that my nephew has been struggling with bouts of anxiety, anger and depression since he returned from his tour in Iraq. Tired of watching our elected representatives trivialize basic human rights in the U.S. and abroad to avoid offending anyone in an election year. Tired of being patronized with talking points intended to keep me from thinking too hard about the mistakes U.S. officials are making in the name of the American people.

Finally, I am tired of waiting for someone else to fix this mess. It is time for each of us to talk in serious ways about how we can pull our troops out of Iraq and move the United Nations in.

This war was a mistake; let’s not make it worse by prolonging it.

Patty Hawk, Crete


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Lindsay wrote on March 29, 2006 6:06 am:
" Arnold: The thing about the illegal immigrants is that they're not taking the professional, high paying jobs that most Americans desire. They are filling in service industry jobs (meat packing, cleaning, landscaping) that have a difficult time filling positions in the local area. Not saying that it's not honest work (because it is, my grandfather was a meatpacker) but how many high school students are encouraged to work at Farmland or at a motel cleaning rooms after high school? Very few, we encourage our children to get a college education and to obtain a career, and generally discourage them from those jobs. I think the difference with Hagel is that he realizes that if we would go through with Nelson's proposal, that we would be out millions of workers, and would not have anyone to fill those positions. If it was possible to fill them with American workers, companies would be forced to pay higher wages...but that cost would be reflected onto the consumer, not the company. (Not saying that that is right in and of itself either, but that's a different issue altogether). A wall is a simple solution to a very complex issue, and quite frankly I don't think that will keep too many people out...they'll just find a new way to get into the country. "
Noah wrote on March 29, 2006 6:35 am:
" Thank you Robin. That TV coverage was a pure joke. SP, what was wrong with our recruiting efforts before? We have great teams now, and our recruiting wasn't hurt at all by being on NET. Unfortunately, it would take a man to go back to NET and admit he was wrong, which SP will never do. I only hope Cox screws up the next telecasts, too. "
Paul wrote on March 29, 2006 7:54 am:
" Lyle, I am sure you think your son does nothing wrong ever and you defend every little move he makes. Quit crying like your son. Why don't you both stand up and be men. He can take his punishment and learn when you break the law you have to pay, and you can let your son stand on his own two feet and take responsiblitly for his actions. It is time to cut the ambilical cord Lyle. Judge Pokorny was in his rights and Chief Casady is doing a fine job. If you want to protect your son why don't you pick up the tab for the cost of the prosecution,labor for the police departments efforts in breaking up the party at your son's house. "
Allen T. wrote on March 29, 2006 8:02 am:
" Michael Cornelius: Not all speech receives the same level of protection under the Constitution. Political speech receives the most protection and laws against such speech receive strict scrutiny in our courts. Commercial speech receives protection at a middle level called Intermediate Scrutiny. Lewd snow sculptures, in public locales, either fits into the middle protected speech or it may only receive the lowest protection: Reasonableness Review. Such types of speech are subject to time, place and manner restrictions, without the restrictions being unconstitutional. A place restriction can make it illegal to dance nude in public, but allow dancers to do so at private clubs. A manner restriction can allow the state to outlaw nude dancing occurring at a location serving alcohol. Lewd snow sculptures were likely against an ordinance against public display, in plain view of children, of obscene or offensive speech. "
Allen T. wrote on March 29, 2006 8:37 am:
" I'm tired. I'm tired of people degrading our American troops. I'm tired of people not recognizing the danger the Radical Islam presents to this nation, and the world. I'm tired of people running to the United Nations, whose purpose is not to look out for the National Security of America, but its own financial and political interests. I'm tired of the constant body count in Iraq, when no one cared how many died when I was in Bosnia under President Clinton. War is hell; let's not make it worse by leaving a destabilized Iraq and going back on our promises to a burgeoning democracy. "
Bill wrote on March 29, 2006 8:51 am:
" So does Mr. Cornelius believe that a pornographic picture on a billboard in his front yard should be protected? Same logic. "
Bill G wrote on March 29, 2006 9:04 am:
" ....the move from NET to Cox cable for Nebraska Baseball was not welcoming news. Just when you're getting used to NET for Baseball & Volleyball Coverage.....it's pulled out from underneath us. Disturbing plus making way for the almighty dollar. Like a kid is going to be "lost to recruiting," because of only being on NET instead of Cable. Something isn't lining up with the stars on this one. Neglect the people in Statewide Nebraska, so that the Country can see it at a cost. All in the name of Steve Pederson & Revenue!!! Some things don't need fixing when they have been positively snowballing the last 6 years. "
Josh wrote on March 29, 2006 9:23 am:
" Mr. Seagert states, "Sixteen- and 17-year-old students don’t need to practice for the choir or the band in multimillion-dollar facilities." One could also argue that sixteen and 17-year-old students don't need to practice football or baseball or basketball in multi-million dollar facilities either........ "
Josh wrote on March 29, 2006 9:27 am:
" I think it is funny that in the same comment section, people are commenting about enforcing the law about "lewd snow sculptures", but then then next posting seems to make it ok for immigrants to break the law and come into this country illegally and not be punished. Double standards, perhaps? "
Cindy wrote on March 29, 2006 9:39 am:
" Arnold: I wish someone would give my job away. I'm tired of working. I'm an American who loves the freedom to not work too hard. Isn't that the American way? "
Lindsey wrote on March 29, 2006 9:42 am:
" Allen, where was Patty "degrading our American troops" in her letter that you are parroting? Where was Patty "not recognizing the danger Radical Islam presents"? I'm tired of people like you twisting words around to fit your partisan message. Ms. Hawk's letter was very eloquent and, in my view, sincere without being angry. I would remind you that the job of the United Nations is not to "look out for the National Security of America", but to work towards, with the cooperation of participating countries, stability across the globe. So how can you fault it for not putting "our" interests first? We created a destabilized zone and we can't re-stabilize it ourselves. I agree that we can't leave now, but to pretend that the President is infallible and didn't make a mistake here and that we don't need help is ridiculous. Also, Iraq was never a threat to our "American Security". Just a reminder, in case you forgot. I think you did. Or were you trying deliberately to subliminally link 9/11 and Iraq? Because that's been quite a popular and sadly effective tactic. "
Phil wrote on March 29, 2006 10:10 am:
" I'm tired of the "you know there weren't any WMD's" mantra. Prewar intelligence, and post war intelligence all point to a potential threat from Iraq. This mind bending, dishonest, narrow-minded ploy by the left to use this as a battering ram in Presidential politics insults the intelligence of the American people, and it demonstrates for all to see, exactly why the liberal Democrats should never be placed in a position where we must depend on them for security. And yes... you absolutely do need to look at past, present, and future threats that are both immediate and potential. If the Democrats had spent a quarter of the time battling our leathal enemies as they have battling "the bush", we may have had the international support we needed, and we might have been much further down the road to peace than we are today. "
Joni wrote on March 29, 2006 11:55 am:
" If you would be following the story, you would know that Micheal Herchenbach wasn't even home when that party happened. He was out of town. That is where the unfairness of his punishment comes into play.. "
Jenny wrote on March 29, 2006 1:15 pm:
" Allen T: that may be, but there is something in this country called "due process." We already have laws and community standards in place to define pornographic billboards as 'obscenity.' Was the snow sculpture 'obscene' by legal definition? That's for due process to ferret out, not the LPD. Also, where's the outrage for the snow sculpture depicting, in an extremely graphic way, with fake blood and torn limbs, a shark tearing apart a person's body? This was pictured in the newspaper - you likely saw it. Was that an ok artistic expression, in your opinion? If so, why? "
Ardis wrote on March 29, 2006 1:18 pm:
" re: Herchenbach; witnesses say that he actually *was* at the party at the time it was happening, and was one of those party-goers who fled the scene. This party was not the first at his residence; he has been cited at least 3 times previously for 'disorderly house.' So, what was the judge to do? "
Gary wrote on March 29, 2006 1:25 pm:
" I'm tired too, tired of the constant complaining from people like Patty and Lindsey who never seem to have a reasonable solution to offer other than the one that is already being played out. Pull out and leave? Okay, we'll just go ahead and do that and watch the entire nutcase country that is Iran invade Iraq, putting even more radical Muslims under the control of Iran's president. If you have a better solution for this problem, I know we'd all love to here it. "
Eric wrote on March 29, 2006 1:28 pm:
" Ryan, have you actually tried to live in these building during your childhood (bet you did... back then)??? Myself, Meadow Lane Elementary, where asbestos hovered over your heads, below your feet, and in the walls... and where it got so hot during the warm seasons that the teachers had to put wet paper towels over the classroom thermostats so that the air register wouldn't automatically turn of from potential overheating. Then Robin Mickle... same story. It'd get so cold that students would wear winter coats inside the classrooms (because the hot-water radiators and heat registers from the '60s couldn't keep up)... until it ws banned. Then Lincoln Northeast. It's always fun watching pieces of building fall from the ceilings, walls, floors, etc. The band room was (and still is) the original (converted) 3ish-lane swimming pool The library was the original cafeteria - could only fit three classes inside at a time. 13 years of wonderful, 1950s-era memories... all beginning in 1985. It's about time the problems of these aging buildings are addressed..... Allen T., sounding as "radical" as ever..... and Paul, actually it wasn't his son's house... it was his son's landlord's house ^_~ . Plus he wasn't even at the party! Don't see how he broke a law while visiting his parents :p . "
Eric wrote on March 29, 2006 1:33 pm:
" Joni, actually, my prewar intelligence (which was probably more accurate then the president's) told me that North Korea and Iran were more of a threat to us than Iraq was. Oh man, how they missed that one! "
Bert wrote on March 29, 2006 1:47 pm:
" You guys on immigration are over looking one thing. A lot of AMERICAN workers would that the jobs, but they don't get the free benefits the immigrates to our south do. Free medical service, no car insurance, why do you think NE has uninsured, underinsured insurance for us to pay, no social security, income tax. There is a lot more to the story then a lot of Nebraskans know. I look see the employers that hire the cheap labor are as ow as I do the smugglers that prey on the illegals. A good way to stop all this would be not only to fine he employer $10,000.00 a day, but to throw the owners in jail for a good period of time. "
Cara wrote on March 29, 2006 2:04 pm:
" Wow Phil - do you think if you sound angry that makes you right? The world now knows that Bush was set to invade Iraq whether there were weapons or not. Your denial of the facts doesn't change the facts. Maybe "the world" doesn't support us because we are wrong. "
DJ wrote on March 29, 2006 2:56 pm:
" "...mind bending, dishonest, narrow-minded ploy...to use this as a battering ram in Presidential politics insults the intelligence of the American people" sounds like a description of the Bush camp during the last presidential election...... "
Laura wrote on March 29, 2006 4:05 pm:
" Allen T - I applaud you. Thanks for your posting. "
Anonymous TWC Employee wrote on March 29, 2006 4:39 pm:
" Robin, thanks for writing the Journal Star, voicing your frusteration. You're not alone. Many of our customers were not only displeased, but disappointed that we weren't able to get the Husker baseball game Saturday on channel 77. Believe me, we were just as disappointed, and you'd think, in an age where technology makes anything possible, things like this wouldn't happen. But like I said, anything is possible, then there's Murphy's law which says anything possible can go entirely wrong. Cox Communications misinformed our technicians which satellite they were bouncing the signal off of Saturday afternoon. Despite our best efforts, including moving our dish into position by hand, we were unable to get a signal in time for the game. This was the first time this is has been attempted in such a way, with linking two cable providers via satellite so that we could provide baseball coverage. Hopefully, we can resolve this issue, and provide the future games as we've committed to. On behalf of everyone here last Saturday, we apologize to our Husker baseball fans. "
Allen T. wrote on March 29, 2006 7:34 pm:
" Jenny: Are you suggesting a trial? Police officers are allowed to stop crimes that they witness...without trial. If the "crime" is in public, then the policecan literally shoot first and ask questions later. I did not see the shark in the news paper. I don't have an opinion of any of the snow sculptures not having seen any of them; that's not my point. Lindsey: You seem to engage in the same behavior that you claim to be tired of, ie. twisting my argument to support your partisan position. No where in my comment do I claim that the President is infallible. I also make no reference to 9/11 and intend no such reference. I think Iraq presented a security reisk before 9/11, during 9/11 and after. "
Luke wrote on March 29, 2006 8:20 pm:
" What is all this "our jobs" nonsense? The job belongs to the person who creates and fills it (unless you have a contract). If you don't have a contract, it isn't "your job". A person who wishes to trade money for the services of another has every right to pay anyone willing to provide such service for it. The argument that certain immigrants broke the law by being here is meaningless. Just because something is legal or illegal doesn't make it right or wrong. Many laws are an absolute abuse of governmental power, including certain immigration laws. A non-violent, honest person has every right to move here unobstructed and trade his or her services for money. "
Lindsey wrote on March 30, 2006 2:04 am:
" Why is it that I read Allen's and Gary's and like posts and the only word that comes to mind is "truthiness"?? And Gary, I didn't say to pull out of Iraq. I specifically said not to, but that we need help there right now. If you *feel* like you read it, it must mean I actually wrote it, right??? Allen, you might want to respond to the entire question asked of you: why did you feel the need to imply Ms. Hawk's letter said anything about "degrading troops" or not recognizing "radical islam"?? You practically put words into her letter that weren't there. Read what you wrote again and tell me you don't see it. Oh, wait. If you feel like it's not there, it must not be. "
Lindsay wrote on March 30, 2006 6:50 am:
" "I'm tired too, tired of the constant complaining from people like Patty and Lindsey who never seem to have a reasonable solution to offer other than the one that is already being played out. Pull out and leave? Okay, we'll just go ahead and do that and watch the entire nutcase country that is Iran invade Iraq, putting even more radical Muslims under the control of Iran's president. If you have a better solution for this problem, I know we'd all love to here it." I didn't see in either comment where that was said. Nobody is saying that anyone should leave...it would be foolish to leave right now. And how about the name calling? Liberal is flung about as a dirty word (and yes, so is conservative as well, but not as often). Is it possible to have discourse without making the other side sound evil and Un-American? I'm liberal, and I'm proud to be American. I just have a different point of view for the path the country should follow. "
Jenny wrote on March 30, 2006 8:27 am:
" Allen T., no, I'm making the point the police don't normally go around smashing what others don't agree with, and if there's some sort of dispute about its legality then there is a process to follow. Here's what I think should have happened; the police speak with the 'perps' and tell them that they may be violating obscenity laws with their sculpture, and to remove it or they will be cited. THAT is due process. And there's no reason to treat a snow sculpture in that regard any differently than a more permanent one. "
GMP wrote on March 30, 2006 9:07 am:
" Mr. Herchenbach, if your son had not been cited before, maybe he and you could complain. But I think the wake-up call that something was not right would have been the second time he was cited. If my children had been cited more than once, I'd just tell them, "well, if you keep it up, don't call me when you are arrested for it". They are old enough to do the time if they do the crime, and they know not to cry to me or expect me to stand up for them if they aren't smart enough to learn from their mistakes (he had plenty of time to learn the first couple of times). "
overzealous law student wrote on March 30, 2006 3:56 pm:
" Just a note about free speech--The First Amendment protects political and religious messages, but does not protect art, and permits reasonable limitations on commercial speech. For example, someone cannot pile junk in their yard and call it 'art' so they are not forced to remove it. Tobacco companies cannot advertise on television. An adult business would no dobut be prevented from advertising their business in certain lewd ways. So, sorry, but unless snow sculptures are conveying a political, religious, or similar message, they are not protected from the First Amendment. "
Jenny wrote on March 30, 2006 10:06 pm:
" That may be, Overzealous law student; however, that doesn't give the police the right to destroy private property. They can (and should, if the law has been broken) give a citation if their request for the sculpture to be removed is not met. However. the *police themselves* do not have the right to destroy it. That is a violation of the right to due process. I hope, as a law student, you can see the distinction. "
erin wrote on March 31, 2006 2:06 pm:
" Eric; thanks for mentioning the threats posed by North Korea and Iran since everyone else was forgetting them. If I were leader of either of those countries I would be super jealous that all my threatenting actions were ignored in favor of Iraq. What does it take to get some US military attention? Lindsay; thanks for asking if it is possible to have discourse without making the other side sound evil and un-American. I, too, get annoyed when people use "liberal" and "conservative" as insults. It would be great if people could talk about controversial issues believing that if something is controversial it is because there are plausible arguments on either side. "

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