From Joe's Garage, Acts I, II & III (1979):
That God
Did not want us to be
All the same
This was
BAD NEWS
For the Governments of The World
As it seemed contrary
To the doctrine of
Portion Controlled Servings
Mankind must be made more uniformly
If THE FUTURE
Was going to work
Various ways were sought
To bind us all together
But, alas SAMENESS was unenforceable
It was about this time
That someone
Came up with the idea of TOTAL CRIMINALIZATION
Based on the principle that
If we were ALL crooks
We could at last be uniform
To some degree
In the eyes of THE LAW
Shrewdly our legislators calculated
That most people were
Too lazy to perform a
REAL CRIME
So new laws were manufactured
Making it possible for anyone
To violate them any time of the day or night,
And
Once we had all broken some kind of law
We'd all be in the same big happy club
Right up there with the President,
The most exalted industrialists,
And the clerical big shots
Of all your favorite religions
TOTAL CRIMINALIZATION
Was the greatest idea of its time
And was vastly popular
Except with those people
Who didn't want to be crooks or outlaws,
So, of course, they had to be TRICKED INTO IT...
Which is one of the reasons why
Music
Was eventually made
Illegal
Garrett Epps, The Atlantic:
If a citizen speaks at a public meeting and says something a politician doesn’t like, can she be arrested, cuffed, and carted off to the hoosegow?
Suppose that, during this fraught encounter, the citizen violates some law—even by accident, even one no one has ever heard of, even one dug up after the fact—does that make her arrest constitutional?
-and-
He was charged with “disorderly conduct” and “resisting arrest without violence,” but the local prosecutor dropped the charges, saying in essence that no reasonable person would believe them. Lozman then brought a federal lawsuit against the city for “First Amendment retaliation.” A federal judge agreed that Lozman had “compelling” evidence that he’d been arrested as punishment for his protected speech. But the judge then threw out the case, reasoning that he actually could have been charged with the obscure state offense of “willfully interrupt[ing] or disturb[ing] any school or any assembly of people met for the worship of God or for any lawful purpose.”
What this meant, the court decided, was that the officer who arrested Lozman would have had “probable cause” (a reasonable basis to believe a crime had been committed) to arrest him if he had known about “assembly of people” statute and wanted to enforce it. The fact that the officer didn’t know about it was irrelevant—and so was the city’s unconstitutional motive. As long as an officer could have arrested Lozman for something, in other words, the retaliatory motive didn’t matter. The Eleventh Circuit affirmed: the existence of probable cause for any offense is an “absolute bar” to a suit for retaliatory arrest, it said.
"You're making trouble, so we'll have you arrested, and we'll charge you with some weird shit later because everybody's guilty of something - all we have to do is smash-fit some bullshit ordnance around what you did".
