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Old 01-10-2005, 01:22 PM   #1 (permalink)
Bill O'Rights
will always be an Alyson Hanniganite
 
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High court leaves KKK on highway litter duty

Quote:
WASHINGTON (AP) - Missouri lost a Supreme Court appeal Monday over its decision to bar a Ku Klux Klan group from a highway litter cleanup program.

The court's rejection, made without comment, means that the KKK chapter must be allowed into Missouri's Adopt-A-Highway program, which is designed to save money by using volunteers for garbage pickup. Volunteer groups are publicly thanked with signs along the highway acknowledging their help.

Every state but Vermont has such a program. States supporting Missouri in the appeal argued that the Supreme Court needed to intervene so that states unwilling to partner with the KKK would not decide to abolish their programs.

The dispute involves a half-mile stretch of Missouri 21 near Potosi, a town of fewer than 3,000 in the eastern part of the state.

A KKK chapter sought permission to pick up trash along the road but was turned down because the program is not open to groups that discriminate based on race or those that courts have said have a history of violence.

Missouri lawyers had argued that a sign marking the KKK stretch of road could lead to more dumping and could endanger highway workers mistaken for Klan members.

The Klan sued and won on grounds that it had a First Amendment free-speech right to participate.

In its appeal, Missouri attorney Erwin O. Switzer III said state leaders are "trying to avoid giving motorists the mistaken impression that the state has anything good to say about a horrific, racist group."

Robert Herman of St. Louis, the attorney for the KKK, said that the group wants to do its part in community service and to express "solidarity with the community."

The 8th U.S. Circuit Court of Appeals had ruled that Missouri's "desire to exclude controversial organizations in order to prevent 'road rage' or public backlash on the highways against the adopters' unpopular beliefs is simply not a legitimate governmental interest that would support the enactment of speech-abridging regulations."

The 10 states that backed Missouri are Alabama, Arkansas, Hawaii, Illinois, Kansas, Maryland, Oklahoma, Pennsylvania, Texas and Vermont.
So, should Missouri be required to allow the KKK to participate in its' Adopt-A-Highway program?
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