Cactus Flipping The Bird on Cover of The Economist Sept 20 2003 as Referred to in the Texas 3rd Court of Appeals Austin,TX Travis County Case) [http://www.firstamendmentcenter.org/speech/personal/topic.aspx?topic=fighting_words ] the Acquittal of a Bird sign Flashed By Truck Driver Coggin [In OVERTAKING MANEUVER] to Caldwell Co Jailer and Wife Hogging The Fast Lane-They called 911 Coggin was Arrested for Disorderly Conduct for a Rude-Obscene Gesture Coggin won As There was NO BREECH OF THE PEACE!! The Variation on The O’Brien test-Burning Draft Card and Cohen F___K The DRAFT !! Jacket Arrest Overturned at US Supreme Court .jpg

‘Shooting the bird’ may be rude, but it’s not a crime
Texas appeals court orders that Robert Lee Coggin be acquitted of disorderly conduct charges. 10.15.03
Gerald Russell
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May 4, 2011 9:05 AMWhether appellant made the gesture was in question. John Pastrano testified that appellant “shot me the bird” with his right hand when passing Pastrano’s vehicle. Robin Pastrano testified similarly: “I looked, because I was curious to see who it was, and I saw him flipping us off.” Both positively identified appellant in the courtroom as the man who made the gesture. Appellant denied making the gesture, although he testified that he has “given the bird to people on many occasions.” Viewing the evidence in
Gerald Russell
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May 4, 2011 9:05 AM”given the bird to people on many occasions.” Viewing the evidence in the light most favorable to the judgment, the evidence was legally sufficient to establish that appellant made the gesture.
Gerald Russell
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May 4, 2011 9:06 AMThus, we are left with the question of whether appellant’s gesture tends to incite an immediate breach of the peace. “Actual or threatened violence is an essential element of a breach of the peace.” Woods, 213 S.W.2d at 687. The test is whether the words, “when addressed to the ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reaction.” Cohen, 403 U.S. at 20; see also Virginia v. Black, 123 S. Ct. 1536, 1547 (2003).
Gerald Russell
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May 4, 2011 9:07 AM

Whether particular words constitute fighting words is a question of fact. Duran, 921 S.W.2d at 785. This “requires careful consideration of the actual circumstances surrounding the expression, asking whether the expression ‘is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.’” Texas v. Johnson, 491 U.S. 397, 409 (1989) (quoting Brandenburg v. Ohio, 395 U.S. 444, 447 (1969)). Language that is merely harsh and insulting
Gerald Russell
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May 4, 2011 9:09 AM

Language that is merely harsh and insulting does not generally rise to the level of fighting words; derisive or annoying words only rise to such level when they plainly tend to excite the addressee to a breach of the peace. Duran, 921 S.W.2d at 785. It is not enough that the words merely arouse anger or resentment. See Skelton v. City of Birmingham, 342 So. 2d 933, 937 (Ala. Crim. App. 1976). Anything short of the use of fighting words does not constitute a violation of the statute. Jimmerson, 561 S.W.2d
Gerald Russell
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May 4, 2011 9:16 AM

Here, the record and circumstances of this case do not demonstrate that appellant’s gesture “tends to incite an immediate breach of the peace.” Tex. Pen. Code. § 42.01(a)(2). John Pastrano, one of two witnesses to the incident, testified as follows:
Q. What was your reaction when this happened, sir?
A. It made me angry. It kind of, you know, resulted back into, you know, as if I wanted to react to it, as in an angry mode, you know, to somewhat defend, you know, myself, as well as the disrespect of my wife.
Gerald Russell
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May 4, 2011 9:16 AM

Q. And what did you do as a result of that?

A. I went ahead and dialed 9-1-1 due to the fact-because the vehicle had went on after that.

Although the gesture may have been provocative, there is no evidence that Pastrano was moved to violence or restrained himself from retaliating. Instead, he had the composure to call 911 on his cell phone and report not the gesture but reckless driving. Robin Pastrano similarly testified that she was angry:
Gerald Russell
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May 4, 2011 9:17 AM

Robin Pastrano similarly testified that she was angry:

Q. How-what did you think of that gesture? How did that affect you?

A. I was angry and scared and upset all at one time.

Q. Okay. Do you find that-that gesture offensive to you, ma’am?

A. Yes, sir.

* * *

Q. How long did you stay upset about this?

A. A few days, it made me upset, maybe two or three days. Not that not [sic] long, but it did make me very upset.
Gerald Russell
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May 4, 2011 9:19 AM

There is no showing that Pastrano and his wife were in fact violently aroused or that appellant intended such a result. See Cohen, 403 U.S. at 20. Taking serious offense does not necessarily lead to disturbing the peace, and we may not prohibit conduct on that ground alone. See Johnson, 491 U.S. at 408-09. “The fact that speech arouses some people to anger is simply not enough to amount to fighting words in the constitutional sense.” Cannon v. City & County of Denver, 998 F.2d 867, 873 (10th Cir. 1993).
Gerald Russell
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May 4, 2011 9:27 AM

But given the circumstances–the brief exposure to the gesture as one car passed the other, made stranger to stranger, causing momentary hostility on Pastrano’s part–we cannot conclude that appellant’s conduct tends to incite an immediate breach of the peace. There was no actual or threatened violence, “which is an essential element of a breach of the peace.” Woods, 213 S.W.2d at 687. That the gesture may be thrust upon unsuspecting or sensitive viewers falls short of the type of conduct in a public place
Gerald Russell
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May 4, 2011 9:29 AM

tends to incite an immediate breach of the peace. There was no actual or threatened violence, “which is an essential element of a breach of the peace.” Woods, 213 S.W.2d at 687. That the gesture may be thrust upon unsuspecting or sensitive viewers falls short of the type of conduct in a public place that would incite those present to violence. See Cohen, 403 U.S. at 21-22 (in the presence of many people at a courthouse, wearing jacket bearing the term “F— the draft” did not constitute fighting words).
Gerald Russell
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May 4, 2011 9:52 AM

Furthermore, to incite an immediate breach of the peace contemplates a face-to-face encounter, such as occurred in Estes, or at least something more than the impersonal, brief encounter of one motorist passing another. For example, a motorist shouting an obscenity and making the same gesture to a group of abortion protestors did not rise to the level of fighting words because the vehicle was across the street from the group and traveling at a high rate of speed. Sandul v. Larion,
Gerald Russell
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May 4, 2011 10:02 AM

Sandul v. Larion, 119 F.3d 1250, 1255 (6th Cir. 1997). When a passing motorist shouted “sooey” to a police officer, he did not violate the statute because there was “no direct face-to-face contact or other exigent circumstances.” Garvey v. State, 537 S.W.2d 709, 711 (Tenn. Crim. App. 1976); see also Matter of Welfare of S.L.J., 263 N.W.2d 412, 420 (Minn. 1978) (when young girl shouted obscenity to police officer who was standing fifteen feet away “rather than eye-to-eye, there was no reasonable likelihood
Gerald Russell
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May 4, 2011 10:03 AM

(when young girl shouted obscenity to police officer who was standing fifteen feet away “rather than eye-to-eye, there was no reasonable likelihood that [the words] would tend to incite an immediate breach of the peace or to provoke violent reaction by an ordinary, reasonable person”); Herschfield v. Commonwealth, 417 S.E.2d 876, 877-78 (Va. App. 1992) (when one neighbor shouted obscenity to another, “distance and barriers” precluded an immediate breach of the peace).
Gerald Russell
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May 4, 2011 10:03 AM

We hold that the evidence was legally insufficient to establish that appellant’s gesture tends to incite an immediate breach of the peace. Because the evidence is legally insufficient to support appellant’s guilt, we reverse the judgment of conviction and render a judgment of acquittal.

—–Original Message—–

 From: Gerald Russell [mailto:grussell03@netzero.net]

Sent: Wednesday, November 20, 2002 12:49 PM

To: Annette

Subject: FW: Read “As The Band Played On” by Randy Shits. The approach you need is listed in here, Dr. Koch! My Own Flesh and Blood obstruct Justice, You are not qualified to Dx nor are the Misapplied, Causal, Shallow UT-Tyler Attendings!

 

 

Hi Miranda/Reganda, hit the links

 

               You remember my prediction (To Miranda) when cutting the cheese for XMAS dinner (Miranda Russell observed an moderate intention tremor at the time with each slice of the cheese, which ceased in between slices hint- intention tremor is the cardinal sign or symptom of chronic metallic mercury

poisoning that is pathongomonic-”sign or symptom that names the disease for the medical professional” Check the descriptions on Medline)   that I could make this (tremor) worse by using Listerine mouthwash and toothpaste and vinegar, chips and salsa. Well. that is what Feb 2002 is all about. You don’t have objective medical approaches, you are not logical nor rational and your approach places the cart before the horse. THE MONEY IN ILLNESS IS ALL ABOUT SIGNS AND SYMPTOMS YOU ARE UTTER FOOLS AND MEDICALLY INCOMPETENT WHEN YOU FAIL TO MAKE THIS OBJECTIVE APPROACH!!! You don’t know the medical definitions of CNS infectious Dx. You don’t know mercury poisoning either and you remember I predicted this to Jeneat Burist and Nicole King also in High-tech surveillance (Jan 2002). Why there is no HIV test either, and I know CNS infectious disease better than any doctor with long years of clinical experience. I was trained by Paul Volberding M.D. and he wants to know your approach to the patient.

      I never made a move towards infectious disease. No move ever, there are 9 occurrences but you can’t even hold Charles Becker’s M.D. or Paul Volberding’s M.D. jockstrap.

I know my body better than you or anyone else (including doctor) .You tell me why I am using baking soda and not toothpaste or vinegar. Nurses don’t think, they follow orders. It shows. You don’t know how to use the word doctor, if you did you would become Dr. Koch, Dr. Volberding, Dr. Becker and make your inspection of the medical literature first before you leaped.( ZERO REPORTS) The body speaks louder than you it says Hg toxicity. I say it and the UT-Tyler
Attendings say it and you even say “we can’t prove that you don’t have Hg poisoning either.”

 

As an Ignorant layperson or medical professional, I can’t overemphasize just how badly you need to read the book “As the Band Played On” by Randy Shilts. You need to be enlightened here as this describes just how modern science, medicine, infectious disease, sexual orientation, JET TRAVEL, society and Koch’s postulates of microbiology interact in a way, (Yes, Paul Volberding M. D. is described here) that clearly makes HIV “gay” or “IVDU” or “Hemophiliac” or ” prostitute”
but no infectious agent is ever anything more than agent+organism might or might not =infectious human disease. This is the best recollection of the early years of the HIV/AIDS epidemic in all of literature and it is suitable for both layperson and medically trained professional. Here you will find that infectious agents do not arise from nowhere or from thin air
either.
nor do they arise from sexual orientation or sex itself- 5billion persons hint!!)

 

 

Subject: Michael Fumento reviews And the Band Played On.

 

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And the Band Played On

Book Review by Michael Fumento

The American Spectator, February 1988

Copyright 1988 by the American Spectator

(And the Band Played On: Politics, People and the AIDS Epidemic; By Randy Shilts, St. Martin‘s Press)

---

The doctors at the Centers for Disease Control in Atlanta called him “Patient Zero.”
A stunningly handsome French-Canadian airline steward, Gaetan Dugas had over 2,500 male sexual partners on both sides of the Atlantic Ocean by the time he died at age 31.

It was in France, the doctors think, that he picked up the AIDS virus. Thence he brought the virus to both San Francisco and New York, where he infected partners through anonymous bathhouse sex and pickups from gay bars.
At least forty of the first 248 homosexuals diagnosed with AIDS as of April 12, 1982 had had sex either with Dugas
or with someone who had.
(“Typhoid
Mary” Mallon, by contrast, had fifty-three confirmed cases attributed to her, of
whom three died.)
-By The way This is
Fecal-Oral Transmission Richard Wallace “Round Tree Stump” & Peter “The Horse Is
already out of the barn Horse Herpes Barnes -No MD Degree behind The name
-not a Sexual Orientation-Cart In Front of The Horse- You Need Signs & Sx’s- Not
The food you are eating. Like the
Signs & Symptoms worsening after eating Vinegar Containing Sushi at The China
cafe -Chinese Buffet on a Fri with Lavon Henderson *
he argued that I used Sweet & Sour sauce on my food there which I didn’t
(Lavon was mistaken as that is
what he uses.) and I
explained about the Abrasive grit in a Car’s Oil and Changing the Oil filter in
a Dust storm, the Dry Startup of a Engine and

Toothpaste and heavy
Chewing on Dental Amalgam and how it Increases the release of Mercury Vapor from
The Amalgam)
and watching Betty Nygen that Sat Am on CNN -weekends
  

Long after his diagnosis, Dugas
would sodomize willing partners in dimly lit cubicles, then turn up the lights
and
point to the purplish Kaposi’s sarcoma lesions on his skin. “I’ve got gay
cancer,” he would say. “I’m going to die, and so are you.”

Paul Volberding
M.D, -UCSF Editor-in-Chief of the Journal. of AIDS

No one will ever be certain whether Dugas was the one who began the AIDS epidemic in the United States, but it would be fitting if he was. For the way he continued business as usual – or pleasure, as it were – even after his diagnosis is representative of the larger tale of miscreants and fools
told in Randy Shilts’s

And the Band Played On,

a remarkable feat of investigative journalism that traces the AIDS epidemic from the death of Danish physician Margrethe Rask, a lesbian who contracted AIDS in Africa in 1976, up to mid-1985 and the death of Rock Hudson.

An openly homosexual
writer for the San Francisco Chronicle and the nation’ s first full-time AIDS reporter,
Shilts names names, slams reputations,
and yet poignantly testifies to those few who fought desperately to get the band’s attention and those who died horribly while it continued to play.

Introducing the members of the band:

“Fast lane” homosexuals.
Some homosexuals racked up as many as a mind-boggling 20,000 sexual partners,
engaging in high-risk (receptive anal) acts long after it became apparent that a
fatal illness was spreading through the homosexual populations of New York, San Francisco, and Los Angeles. Scoffing at advice to limit partners and avoid such activity, many homosexuals continued going to bathhouses, readily infecting themselves with the AIDS virus and passing it on to others.

Homosexual leaders such as Konstantin Berlandt, a columnist for the Bay Area Reporter, shed new light on the debate over whether homosexuality is genetic or acquired by stating, “I didn’t become a homosexual so I could use condoms.” Later Berlandt wrote: “Advice on safe sex, while perhaps well-meaning, is actually collaboration with the death regime that delights in blaming ourselves and would pin the blame onus.”

Berlandt also used his column to make a pitch for
“rimming,”
known in other circles as
oral-anal contact and then considered to be a high-risk activity for contracting AIDS. According to Berlandt,
the practice could be “spiritually uplifting.”

Other homosexuals saw profit in the epidemic, as did the San Mateo doctor who promised to cure AIDS with massive doses of – you guessed it – Vitamin C. Still others made desperate efforts to pretend that the syndrome was not sexually transmitted, such as the homosexual psychologist who wrote a series of articles maintaining that AIDS victims all had suffered an “emotional emergency” as children that was now manifesting itself as fatal immune suppression.

The bathhouse owners. Even before AIDS, notes Shilts, “the bathhouses were a horrible breeding ground for disease…
A
Seattle study of gay men suffering from shigellosis
[a parasitic disease
most efficiently transmitted by ingestion of feces]
UT-Tyler Health Center ID
Division Thinks along with the Tyler Public at Kindercare and Tyler PD-Smith
County Texas Law-Enforcement That
Fecal-Oral Transmission is [By The Way I never did This]
“All Those Things you do with men”
” All That Cum”  “The ‘GOT” and “The
Doctor” is
Shigellosis.
-Febrile
Infectious Acute Bloody Diarrhea with Tenesmus A Constant urge to defecate 
Like Head
Elected Smith County DA  Matt Bingham

Corruption
Anal-Rectal Gonorrhea-Gave Up Every Hole!! 
 ,
for example, discovered 69 percent culled, their sexual partners from
bathhouses.
A Denver study found that an
average bathhouse patron having his typical 2.7 sexual contacts
risked a 33 percent
chance of walking out of the
tubs with syphilis
or
gonorrhea.
. . .”

All
of which prompted one doctor in 1980 to remark, “If something- new gets loose
here, we’re going to have hell to pay.” Yet even after hell broke loose,
bathhouse owners refused to close up shop or even display safe-sex posters.
Instead, they treated the AIDS epidemic in the way Amity businessmen treated
news of the shark in the movie Jaws
the less said, the better. As one callous owner explained
to Dr. Paul Volberding, “We’re both in
it for the same thing. Money. We make money at one end when they come to the
baths. You make money from them on the other end when they come out.”

The San Francisco Health Department, which recently forbade all smoking in government offices on public health grounds, delayed putting restrictions on the bathhouses for several years so as to not offend the homosexual lobby. It wasn’t until 1987 that the last bathhouse closed its doors.

Blood bank operators.

Like the bathhouse owners, blood bank operators faced the AIDS problem by ignoring it.

By late 1981 there was reason to believe that AIDS was a bloodborne virus like
hepatitis B
and that it would turn up in blood transfusions
by mid-1982 the CDC had reported that hemophiliacs had contracted AIDS through
clotting factor. Yet in December 1982 an officer of the American Association of
Blood Banks went on network television to say flatly that there still was no
evidence that transfusions spread AIDS. It’s not that there was no way to screen
blood.
One method,
rejected as too expensive, was to test
for antibodies to the core of the hepatitis B virus, antibodies
ubiquitous in the blood of AIDS patients.
Another method was to ask members of high risk groups to exclude themselves
voluntarily.

But at a meeting of all the major blood banking organizations it was announced that no such screening would be tolerated. “Direct or indirect questions about a donor’s sexual preference are inappropriate,” read the official statement. Dr. Roger Enlow, a New York
homosexual physician and a leader of the American Association of Physicians for
Human Rights, praised the policy. “We’ve preserved not just gay rights,” he
said, “but the human right to privacy and individual choice.” Except, of course,
for those who chose not to die of a horrible disease simply because they needed
blood products. In his epilogue Shilts writes, “An
estimated 12,000 Americans were infected from
transfusions largely administered
after the CDC had futilely begged
the
blood industry
for action to prevent the spread of the disease.”

Homosexual Rights Groups and the Media. Shilts is not shy about going after his own. The book is replete with examples of callousness, overcaution, and sheer idiocy on the part of so-called gay rights organizations which consistently fought efforts to save homosexual lives – including such efforts as voluntary testing – alleging such measures were but the first step toward slapping pink triangles onto homosexuals and marching them off to the gas chambers. Shilts has told one writer that the press’s lack of AIDS coverage – until, that is, the disease appeared to threaten heterosexuals and until the death of Rock Hudson – makes it the “one institution with the most blood on its hands.”

Public Health Authorities.

The argument that public health officials and the Reagan
Administration shortchanged AIDS
research until it was perceived as a national,
and not just a homosexual and drug addict, problem
is much more contestable. Hindsight is always 20-20; it’s easy to see now that much more money should have been spent much more quickly on AIDS.

But hindsight also tells us that those same public
health authorities strongly overreacted
to the Swine Flu scare
in the mid-1970s. Would funding have been substantially different if the afflicted had been, to use one congressman’s comparison, tennis players instead of homosexuals? This is something that Shilts can’t establish, even with the hundreds of memos he obtained through the Freedom of Information Act.

Shilts can’t resist a parting shot at President Reagan. “Already,” writes Shilts, “some said Ronald Reagan would be remembered in history books for one thing beyond all else: He was the man who had let AIDS rage through America, the leader of the government that when challenged to action had placed politics above the health of the American people.” That may be how some homosexuals will view Reagan’s presidency, but most historians, with the help of Shilts’s book, will conclude that, although many share the blame for the AIDS epidemic, those primarily responsible were its prime victims, the homosexuals themselves.

The issue is not and never has been, as Konstantin Berlandt contends (in Shilts’s paraphrase), “society’s responsibility to find the medical technology to prevent all sexually transmitted diseases rather than the gay community’s responsibility to keep sexuality in line with what medical technology can cure.”

Read Michael Fumento’s additional work on AIDS.

---

Michael Fumento is the author of numerous books, including The Myth of Hetersexual AIDS.

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This is what I was reading, along with Paul Volberding’s M.D./Merle Sande’s M.D. #1 medical text book (1990 edition) “The Medical
Management of AIDS” while I was a 3rd medical student at UCSF/SFGH for my 8 weeks of Medicine rotation. Here Paul Volberding M.D. was my medical Attending Professor for 11 days and I am extremely well trained and he never approaches from “gay”, HIV/AIDS is all about infectious disease and weakened immune systems. No infectious agent once in the highest risk group would ever be cleared from their bodies with out treatment and would just spread like wild-fire and would not be missed by Paul Volberding M. D. or someone at UCSF/SFGH or the rest of medicine (i. e. blood banking medicine, pediatric infectious disease, CDC or the WHO) ZERO REPORTS. This does not occur on anyone.

 

 

 

You owe apologies and evidence,

 

Gerald.