Monochrome Mentality

Everything really is black and white...

90 days in prison for refusing to stand

[Author's Note: This article was written about 10 minutes after Ian's arrest. This is due partly to the systems New Hampshire liberty-activists have in place to inform, organize and carry out activism events. Because the news was so fresh, it was a bit inaccurate. The title should be "93 days in prison for refusing to sit". This entry has been edited since it's original, though the original text is now in strikethrough. Thanks everyone who got this news out, Dugg it and cared about it!]

"We hold these truths to be self-evident, that all men are created equal" says the Declaration of Independence, a document that asserted freedom and triggered a war. "We hold these truths to be self-evident, that all men are created equal" is a concept taught in American schools as a fundamental truth that all people are deserving of respect and life and prosperity.

Why then is Ian Freeman in prison for the next 100 93 days? Because he refused to stand sit for his equal, another man, [when he ordered him to]. He refused to call him 'honor' and this upset the man calling himself "Judge".

Ian Freeman, host of the internationally syndicated radio show Free Talk Live and fellow Free State Project member appeared at court today in Keene, New Hampshire. As the owner of a property in Keene he has been charged with some sort of code violation for his tenants having a couch in the yard they rent from Ian. Several weeks ago a person claiming to be "an official" from "City of Keene" left a piece of paper demanding money and the removal of the couch.

Ian met with the so-called official to ask if any of his neighbors had actually complained about the couch and was told that a female neighbor had filed a complaint. When Ian asked to speak with her, he was told that wouldn't happen.

In the United States of America, there is a very basic right enshrined in the Constitution, the right to confront your accuser. I hold no reverence for this document - it's not anything I agree to or am party to - but supposedly the people calling themselves "government" have agreed to be bound by it.

Ian presented the court officials with a response. He was not against removing the couch - a responsible neighbor takes note of the complaints of his neighbor. He just wanted to talk with the woman who filed the complaint, to find out what offended her about how his property was, and he'd then remove it if it still bothered her. A very adult-like thing to do.

The court refused, and instead initiated a trial.

Today, Ian appeared at their trial and intended only on calling the damaged person making a complaint against him. He never got that far, it seems. In keeping with the doctrine of "all men created equal", Ian Freeman refused to stand for the man called "Judge" sit immediately after ordered to by the man calling himself "Judge". It would be considered rude to refuse a hand extended to you in greeting, yet this man called "Judge" did not greet Ian by standing. It should be noted that usual court decorum involves the person speaking to rise and speak. Instead, he decided that Ian's refusal to stand sit was somehow and offense, and then proceeded to instruct some other men to arrest him. They ushered him off to a separate room for the supposed "trial".

In addition to being able to confront your accuser, in America there's supposedly a right to a public trial. This is so the public can show outrage when the government people become overly aggressive and start hurting people. As is so common in New Hampshire, Ian did in fact have public support. Several liberty activists attended the government people's trial over this matter. Ian mentioned yesterday [MP3] that those attendees are a huge source of motivation and strength when confronting the aggressive government people, and today they made a very clear move to separate the public from the court railroading that would follow.

In this private back room, the man called "Judge" convicted Ian of three counts of "contempt of court" (why shouldn't an ethical person be contemptuous of men using violence and threats to tell other men what they're allowed to store their property?) and sentenced him to 90 days in prison with fines with an additional 10 days in the cage for refusal to give the government people some of his money.

Welcome to the United Socialist States of America. The government people own your property. They dictate to you what you can do on your own land. You no longer have to hurt someone to have the government people turn against and hurt you. You have no right to confront your accuser. There no longer need even be an accuser, no injured party. You have no right to a public trial. "We will use force against you" the government people are saying "if you don't obey us."

Indeed, it wasn't even "obeying" they reacted to. No, the aggression they commit was triggered by what they perceive as an insult or as the man calling himself "Judge" said for "making a mockery of this proceeding".

[For the latest news on this situation, including video of Ian's arrest and the buzz this is generating, check out http://93days.com/]

#1 Re: 90 days in prison for refusing to stand

danb, <E-Mail> / 14 November, 8:34pm  
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Isn't the judge the public servant? shouldn't he be the one showing respect to those he serves, not the other way around? If he demanded you stand on one foot and make pig noises, would you have to do that as well?

[ Reply (0) ]

#2 King?

Puke, <E-Mail> / 14 November, 9:30pm  
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It's like having to bow before the King. Either you bow down like the serf that the gov't makes you or you stand (Or sit.) like a supposedly free man in a supposedly free country.

[ Reply (0) ]

#3 Re: 90 days in prison for refusing to stand

GRAFFITI, <> / 14 November, 10:42pm  
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Keene, NH is the epicenter of the movement. Come to the Shire and have fun storming the castle.

[ Reply (0) ]

#4 Re: 90 days in prison for refusing to stand

BD, <E-Mail> / 14 November, 10:45pm  
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I bet our founding fathers are but yet rolling over in their graves. Todays government has no problem taking our rights from us. Before long we'll be scared to talk to our neighbors for fear of offending the government and imprisoned like this gentleman.

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#5 Re: 90 days in prison for refusing to stand

aApe, <E-Mail> / 15 November, 12:22am  
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That's horrible and wrong. Period. But in all fairness, it's not an example of socialism. In true socialism, we work towards consensus, not arbitrary and unjust power structures like this poor guy is suffering under. Anyone can call themselves 'socialist' but that doesn't make them socialist any more than me calling myself a bumblebee makes me a bumblebee.

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#6 Re: 90 days in prison for refusing to stand

Neal Jiutai, <> / 15 November, 1:17am  
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Please digg!
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[ Reply (0) ]

#7 Re: 90 days in prison for refusing to stand

Kevin Dean, <E-Mail> / 15 November, 4:00am  
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"But in all fairness, it's not an example of socialism."

I didn't mean to imply this act is socialist (though, there may be some arguement there with the notion that anyone owes another person anything. Ian owns his property - end of story. He has no obligation to anything "greater" to change his property or conform to some "greater" authority since there is none.)

That said, I'm reflecting the greater use of force in America, a de-emphasis of (or outright hostility towards) individualism. I can assure you, they don't think "We're gonna put Ian in his place". They're thinking "We need to uphold laws for the 'greater good'". It's a socialist concept - there is nothing greater than the rights of the individual.

[ Reply (0) ]

#8 Re: 90 days in prison for refusing to stand

Nautical Journal, <E-Mail> / 15 November, 4:57am  
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Please update this post with the video on freekeene.com

Makes it much more powerful with the images. Hopefully more will dig.

FREE IAN!!!

[ Reply (0) ]

#9 Re: 90 days in prison for refusing to stand

bob dobbs, <E-Mail> / 15 November, 10:38am  
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meh...contempt of court..happens all the time. I'm torn because I could see doing away with that sort of ceremony in court, but on the other hand anyone that wants to take a stand on such a trivial and unwinnable situation pleases me by sitting in jail for a bit....

[ Reply (0) ]

#10 Re: 90 days in prison for refusing to stand

Jimmy Show, <E-Mail> / 15 November, 1:58pm  
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It's called respect. We have a long standing tradition in the United States regarding this. The judicial system, while imperfect, is the best that the world has to offer. It is vital that it be taken seriously. Refusing to stand, listen to the judge etc. are things that cannot be taken lightly if the court is to maintain any credibility. And as far as "facing your accuser", your accuser in this instance is the Code Enforcement Officer. A "complaint" is not required for a code violation. I noticed that the free staters asked the officers at the Keene rally who complained about them being there as well. If you are violating these types of codes there need not be a complainant. If his neighbor was accusing him of stalking or some such thing he obviously would have the right to cross examine her and to confront her story. This is not the case. Was the couch there? If the code enforcement officer saw it, it is his observation that you could confront. It doesn't matter what his neighbor thinks. It's what all his neighbors think ie. the City of Keene. If one neighbor was ok that he was dumping toxic waste, it doesn't negate the law on the issue. While I am certainly troubled by the government's increased role in our lives, these issues are not what you are making them out to be. If you don't like the code, petition the city to change it. Being in jail isn't going to solve anything. In fact, it's issues like these that make it difficult to support the Free State movement. They lose credibility with me when I see things like this or the issue at the Keene rally. It's a shame too because I am in support of less government and more local control.

Whether or not this is a "socialist concept" is in my estimation a silly question. If there is no basic authority to maintain order how does a society remain free? Under that model the man with the most weapons rules. No? There has to be and always was in the United States, laws to govern conduct. It's certainly not new and will always exist under any government. I agree that the founding fathers would be very disappointed in our system but not for the reasons listed in the comments. They were very respectful of one's office and if you spent any time reading the literature of the day you would see that. They were big on parlimentary procedure and created the very court system you are decrying. They without doubt showed the respect to the court, in congress or before a judicial court, that you are rallying against.

Our fight is with the size and scope of government. That's what is disappointing. What is the purpose of goverment? Charity? Bailing out Wall Street and Labor Unions? Education? These are the principals that are contrary to the founding fathers. Not whether or not you show respect and adhere to the rule of law. When you start from the position that a city cannot enforce rules that were put in place by elected officials, you lose all credibility. This issue is better handled by challenging the law if that is your issue. Working within the system is the only way to change it while maintaining the safety and security we enjoy today.

[ Reply (1) ]

#10.1 Re: Re: 90 days in prison for refusing to stand

danb, <E-Mail> / 16 November, 2:34am  
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respect is earned. you are not appointed to it. If you want to stand up for the lawyer in silly robes... more power to you.. the rest of us should have a choice... I get to choose who deserves my respect.. it doesn't get chosen for me.

The founding fathers had slaves too.. doesn't make it right.

[ Reply (1) ]

#10.1.1 Re: Re: Re: 90 days in prison for refusing to stand

freedumb2003, <> / 16 November, 11:37pm  
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"respect is earned"

Not always. When a cop is pulling you over he doesn't have to "earn" his respect -- the badge demands it.

Same for the Judge -- the POSITION is what gets automatic respect. Only little children say "he needs to earn my respect."

It wasn't the lack of sitting fast enough (the OP makes that mistake as well as many others), it is his smart-ass comment that got him in trouble.

[ Reply (2) ]

#10.1.1.1  Re: 90 days in prison for refusing to stand

Reverend Draco, <E-Mail> / 22 November, 10:36am  
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"Not always. When a cop is pulling you over he doesn't have to "earn" his respect -- the badge demands it."
The badge demands nothing, least of all respect. All that damn piece of tin does is mark the difference between people with a government sanction to perform acts of terrorism and those who do not. The cop works for me, not the other way around. Therefore showing me respect is demanded, as any other employee when dealing with his or her employer. Same for the judge. HE works for ME. The position of my being his freakin BOSS is what demands automatic respect.

Idiots. . .

[ Reply (0) ]

#10.1.1.2 Re: Re: Re: Re: 90 days in prison for refusing to stand

Brunny, <E-Mail> / 16 December, 11:40pm  
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I'm confused. Is this post a parody or is it for real?

Sorry it's probably obvious to most of you but it's hard for me to tell this stuff sometimes.

[ Reply (0) ]

#11 Re: 90 days in prison for refusing to stand

George Donnelly, <E-Mail> / 15 November, 8:05pm  
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I've registered 93days.com and am working on setting up a website. Someone at FreeKeene.com suggeted noting any persons who had been accused or convicted of violent crimes who are released in these 93 days, as an example of how ludicrous this is.

I'm not anywhere near NH so any help that can be provided, any suggestions or anyone who wants to join in on this, let me know.

[ Reply (1) ]

#11.1 Re: Re: 90 days in prison for refusing to stand

Brunny, <E-Mail> / 16 December, 11:44pm  
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Convicted would work, accused would not. Anyone can be accused, including me you and a person who has been in a coma since 3 months before the accusation.

That is why we have a principle of innocent until proven guilty.

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#12 Re: 90 days in prison for refusing to stand

Gary Chartier, <E-Mail> / 15 November, 9:14pm  
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But it seems to me that the question is precisely (a) the legitimacy of the court's authority; (b) the importance of social deference as a means of preserving that legitimacy; and (c) the legitimacy of the code and the code enforcers' authority. It's not a satisfactory response to the story to maintain that it's OK to punish Ian because punishing him is needed to establish the authority of the court when (i) this hasn't been demonstrated and (ii) even if it had been, there's a reasonable question about the court's exercise of monopolistic authority here. And it definitely won't do to assert that Ian (or anyone else) ought to have to defend his own non-harmful use of his property. Why should city code enforcers have any authority to determine whether Ian's tenants have couches on their lawns? If there's a genuine, demonstrable economic loss to someone, that person should be free to sue; but if someone just thinks other people's lawn ornaments are eyesores--tough luck. If you're opposed to state power, this is a perfect example, not something trivial to be dismissed.

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#13 Re: 90 days in prison for refusing to stand

mike, <E-Mail> / 16 November, 4:15am  
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After watching the vidio of the incident it is clear that the Judge was the asshole and was the one out of order. The judge walks in asks everyone to be seated and Ian goes to sit down, then the judge announces Ian's name, so Ian stops from sitting and stands. Then the judge starts screaming sit down, sit down. Ian sits down after 6 secs. and the judge has him arrested.

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#14 Re: 90 days in prison for refusing to stand

mike, <E-Mail> / 16 November, 4:20am  
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The Judge forgot to say simon says.

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#15 Re: 90 days in prison for refusing to stand

THE JAILHOUSE LAWYER, <E-Mail> / 16 November, 10:56pm  
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The contempt charge initiated by the judge is wholly arbitrary and capricious as is evidenced by the fact that I, myself, have been in court dozens of times and did not stand for the man holding to a title of nobility without being so charged or held in contempt.

The laws of our land demand equal treatment and leave no place for such lawless acts as this judge doth commit.

"When we consider the nature and the theory of our institutions of government, the principles on which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power. Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts. And the law is the definition and limitation of power."Yik Wo v. Hopkins, 118 US 356 (1885)

In the battle for Liberty,
THE JAILHOUSE LAWYER
http://www.angelfire.com/az/sthurston/IO.html

"Few will have the greatness to bend history; but each of us can work to change a small portion of events, and in the total of all those acts will be written the history of this generation ... It is from numberless diverse acts of courage and belief that human history is thus shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current which can sweep down the mightiest walls of oppression and resistance." ~ Robert F. Kennedy

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#16 Re: 90 days in prison for refusing to stand

Fred Black, <E-Mail> / 17 November, 2:26am  
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I recommend asking Judge Edward burke how he may justify this? His email is:

eburke@courts.state.nh.us

[ Reply (0) ]

#17 Judicial Conduct Committee

CHCH, <E-Mail> / 16 December, 3:54pm  
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If you are dissatisfied with Judge Edward Burke's performance, please contact the NH Judicial Conduct Committee at (603) 292-1825. The given contact is Robert T. Mittelholzer.

http://www.courts.state.nh.us/committees/judconductcomm/

[ Reply (0) ]

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#21 Re: 90 days in prison for refusing to stand

Al, <> / 20 January, 12:50am  
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