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Bikes Against Bush Creator Busted

An anonymous reader writes "Joshua Kinberg, creator of Bikes Against Bush, was arrested in NYC for vandalism while being interviewed by MSNBC. Kinberg's website describes his project as 'using a Wireless Internet-enabled bicycle outfitted with a custom-designed printing device, the Bikes Against Bush bicycle can print text messages sent from web users directly onto the streets of Manhattan in water-soluble chalk". Both Wired and Popular Science have done stories on Kinberg's work." Update: 08/30 01:30 GMT by J : Mr. Kinberg has been released; he describes his arrest and brief stay behind bars on this MSNBC blog.

32 of 1,159 comments (clear)

  1. I would have busted him, too... by mOoZik · · Score: 5, Insightful

    Even though the chalk is water-soluble, he admitted previously that it takes almost 2 weeks to wash off. I don't have a problem with his political stance - in fact, I agree with him - but the mere fact that his plan revolved around the defacement of public property is enough to warrant an arrest. IANAL, but writing stuff all over the sidewalk (over an extended area) - even in chalk - has to be against some local laws.

    1. Re: I would have busted him, too... by Black+Parrot · · Score: 4, Insightful


      > IANAL, but writing stuff all over the sidewalk (over an extended area) - even in chalk - has to be against some local laws.

      I wonder how often they bust schoolgirls for drawing hopscotch guides on public sidewalks.

      --
      Sheesh, evil *and* a jerk. -- Jade
    2. Re:I would have busted him, too... by kfg · · Score: 5, Insightful

      . . . it takes almost 2 weeks to wash off.

      By natural erosion, or about 2 minutes with a hose.

      . . .writing stuff all over the sidewalk (over an extended area) - even in chalk - has to be against some local laws.

      Yeah, that's why they arrest all of those sidewalk artists and kids playing hopscotch who aren't engaging in political speech.

      KFG

    3. Re:I would have busted him, too... by gatzke · · Score: 4, Insightful

      Not all universities are so open to defacement.

      A buddy of mine got repeatedly hastled by the cops at Auburn for chaking a few years back.

      What about chalking a building? Sure it will wash off in a few weeks...

      What about a new marketing method? Coke buys a truck that chalks up everything in sight, but it will wash off, no worries.

      IBM got in trouble for hiring a marketing group that spray painted pro linux motos on the sidewalks in boston. They got busted and had to clean the stuff up.

    4. Re:I would have busted him, too... by Dominatus · · Score: 4, Insightful

      Apples and Oranges. One of these things is not like the other.

      Peacefully marching for a political statement is NEVER illegal. Defacing property is ALWAYS illegal. Now, as for selective enforcement, volume does matter.

      If I was going 45 in a 35 a cop might let me go with a warning, he wont if I was going 60. If I shout "FUCK" loudly in public I wont get in trouble, but if I keep shouting it over and over and get all my friends to do it too, then I would probably get charged with disturbing the peace.

      I'm not saying the article in question involved volume, I'm showing flaws in your analogy.

    5. Re:I would have busted him, too... by cyberchondriac · · Score: 4, Insightful

      I don't think it's so bad. I'm forced to put up with advertising that is shoved in my face everywhere I go, and I get no say about it. The only difference here is that this guy did it for free and it's messages from the people, not from some corporation that has profit in mind.

      My eyes are accosted daily by billboards and advertising, but they do obey certain zoning laws, costs, and restrictions. Supposedly, anyway.
      Frankly, I do take some objection to the original post for referring to this as, "this guy's work". Really, "work" ? Like this is some sort of serious artistic endeavor ? Or are they referring to his "getting the message out" kind of work ?
      I don'particularly care to see pro Bush, pro Kerry, anti Bush, nor anti Kerry chalk graffiti on the streets. It's just bozotic. Hell, I don't even like seeing all the political posters and placards that people put up on their front lawn, but that's their private property so they have that right.
      I guess it comes down to this: people have the right to express themselves, but do they have the right to shove it in my face ?

      --

      Look back up at my post, now look back down, you're on the Internet. Now look back up. I'm a signature.
    6. Re:I would have busted him, too... by CrkHead · · Score: 5, Insightful
      IANAL, but writing stuff all over the sidewalk (over an extended area) - even in chalk - has to be against some local laws.

      Yes, this may be in violation of some local ordinance. What concerns me is that the arresting officers and their superiors are not sure what ordinance it violates, so they confiscate his property and arrest him anyway.

      A free society dies when law enforcement can begin arresting people and look for an illegal act later. If proffesionals are no longer sure of what is legal, how is an ordinary citizen able to stay within the law?

    7. Re:I would have busted him, too... by Hard_Code · · Score: 4, Insightful

      Isn't there a different standard between scrawling business advertisements and expressing political views? I really don't think advertising a soda beverage has the same worth to the society at large as the ability to express political views. And anyway, would you the Coke driver get arrested and his truck confiscated? Or would he just get a slap on the wrist.

      --

      It's 10 PM. Do you know if you're un-American?
    8. Re:I would have busted him, too... by mrchaotica · · Score: 5, Insightful
      What about a new marketing method? Coke buys a truck that chalks up everything in sight, but it will wash off, no worries.
      Commercial speech != political speech!
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    9. Re:I would have busted him, too... by Tassach · · Score: 4, Insightful
      Peacefully marching for a political statement is NEVER illegal
      Make that "Peacefully marching for a political statement SHOULD NEVER BE illegal." Unfortunately, it is. Both parties have systemicly dismantalled the Constitution to the point where it's meaningless anymore.

      Try getting a group together in a major city and march down the street, or gather together in a public park WITHOUT a permit and see what happens. Try carrying an anti-Bush sign outside of an "approved free-speech zone" during the Republican National Convention and see how long it takes you to get arrested.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    10. Re:I would have busted him, too... by demachina · · Score: 5, Insightful

      Another related example, it appears you now have to get tickets to attend a speech by George W. It would be interesting to see if there is fine print on the tickets. But apparently if you, for example, wear a hidden T shirt that is critical of Bush and unveil it during the event your ticket is instantaneously revoked and you are arrested for trespassing even if you are in what would otherwise be a public space. There is a couple fighting a court battle for this for no crime other than quietly unveiling T shirts with the name Bush under a red circle with a diagonal line through it. A family went to a Bush event in Minnesota. Apparently it was reveiled during the strip search to get in one of the teens had a Kerry sticker on his billfold. The family was ordered to leave and was threatened with arrest.

      Its a sad for America that the rabid Bush faithful and the previously apolitical Secret Service really are starting to closely resemble Brown Shirts.

      I really don't know how conservatives can prattle about how they hate big government intruding in their lives and then turn around an bow at the feet of George W. I'll probably get modded as flame bait for it was more than a little deceptive when he campaigned as a "compassionate conservative". There isn't an once of true conservativism in him other than tax cuts for the rich. In reality he is a "compassionate fascist". The new Republican party isn't as oppressive as the fascist regimes in Germany and Italy....yet....hence the term "compassionate fascist", but if they stay in power for a few more years and have a new 9/11 attack as justification they will continue the steady migration to an oppressive police state.

      In some respects I'd like to see them stay in power a while longer. It may reawaken the sedated America public to realize their government does manner and it can turn totalitarian thanks to American indifference. it may be the only way the American people will throw off the yoke thats been laid on them by a wealthy elite and giant corporations. After another 4 years the American people may be so appalled by the Republicans ad they were after McCarthyism the last time the ruled, that they will be thrown out of office and return to an impotent minority they should be. Of course the Democrats suck too so you are left hoping the complete mess American politics is currently in will be saved by a new 3rd party that will for a change represent middle America without the intolerance of the Republican's or the pandering to interest groups that is the Dem's.

      The current misguided rush to redesign the intelligence agencies in the U.S. is a leading indicator of incoming totalitarianism. In the early 1970's Congress put a firewall between the FBI and the CIA, and between domestic and foreign spying to reign in massive abuses of spying on people in the U.S. who were guilty of nothing but opposing the people in power. It was spying designed to cement the hold on power of those in power and suppress dissenting viewpoints.

      Just stop and imagine the massive power and potential for abuse now that the CIA, FBI, CIA, DIA are being merged in to one all seeing, all powerful spying agency with no restraints on its domestic spying powers. There will also be one person with a massive power to manipulate intelligence to fabricate the case for war as was done in Iraq and there will be no independent intelligence to offer a dissenting view.

      --
      @de_machina
  2. The question is: by Xshare · · Score: 4, Insightful

    Was he doing it in Linux? Slashdot humor aside, he was arrested perfectly legally, for vandalism. People here will say "Omg look at them arresting people for not liking bush, blah blah blah!", but guys... what he did was vandalism, whether or not it was about pink elephants, faeries, or a dumbass president.

  3. I wonder if . . . by ir0b0t · · Score: 5, Insightful

    the message "support our troops" would have gotten him arrested.

    --
    I'm laughing at clouds.
    1. Re:I wonder if . . . by Hatta · · Score: 5, Insightful

      the message "support our troops" would have gotten him arrested.

      Only if it was followed by, "...bring them home."

      --
      Give me Classic Slashdot or give me death!
  4. Re:Can't say I agree... by cmacb · · Score: 4, Insightful

    Yeah, what passes for protest these days gets sillier and sillier. Everyone wants to enjoy their favorite hobby or passtime while engaging in protest against the evil dark lords. Too many airheads, too much time on their hands. What a horribly oppressed society we live in!

    Latte sit-in for partial-birth abortion anyone?

  5. What was he charged with? by dave-tx · · Score: 5, Insightful
    According to TFA:
    Kinberg cooperated fully with the officers as he was being handcuffed, only asking, "can I ask what I'm being arrested for?" to which no one provided an answer. As of 11:00 PM Saturday evening, he was still in custody without being charged with anything.

    I think it's safe to say that if being inconvenient or embarassing to Republicans during the Convention was a crime, that's what his charge would have been. As it is, they'll just have to hold him for a while.

    Shameful the level some officials will stoop to silence dissent.

    --

    >> "What would the robut do? Frame someone!"

    1. Re:What was he charged with? by mattkime · · Score: 5, Insightful

      Don't forget Clinton and Bosnia.

      Doesn't compare to Iraq.

      Don't forget Clinton and the DMCA.

      Doesn't compare to the Patriot Act

      Don't forget Clinton and some of the tax breaks passed during his time in office.

      Doesn't compare to the deficit we're running now OR a war that is dumping $$$ into the VP's former company

      --
      Know what I like about atheists? I've yet to meet one that believes God is on their side.
    2. Re:What was he charged with? by RayBender · · Score: 5, Insightful
      or reduced our civil liberties...

      Name five you've lost.

      Why five? Wouldn't one lost liberty be enough to cause concern?

      In any case how about: the right to a trial (Jose Padilla), the right to a lawyer (Shoe-bomber dude), the right to call witnesses (the so-called 20th hijacker), the right to hear evidence presented by the prosecution (the Gitmo detainees), the right to not have the government know what you read (at least not without getting a warrant; Patriot Act), freedom of assembly and to protest (e.g. in Central Park).

      --
      Human genome = 3 billion base pairs = 6 GBit. Windows + Office = 20 Gbit. Which is more impressive?
  6. Fine line by thedogcow · · Score: 4, Insightful

    There is a fine line between protest and vandalism. The stuff comes off with water so I don't see how this is effecting anything.

    I also have a different attitude in general towards what other people would call vandalism. I've been through the Bronx which has its fair share of "paintings" on walls (most of which is not environmentally friendly like what the biker is using), and I don't call it vandalism but I call it art. Most of these paintings are not banal expression like "fuck you" but rather creative expression and political/social commentary.... much like what Mr. Kinberg is doing.

    --
    Yes! I listen to NYC Speedcore and do math at 3AM. I suggest you try it too.
  7. OTOH... by lysium · · Score: 4, Insightful
    I don't recall the architects of the NYC MSN Butterfly sticker campaign going to jail; they just paid for the clean-up. This guy gets delayed-process treatment and permanently loses his bike.


    --
    Together, we will drive the rats from the tundra.
  8. Re:Can't say I agree... by Anonymous Coward · · Score: 4, Insightful

    \begin{sarcasm} your right...the country is so perfect there really aren't any reasons to dissent. Anyone who does is automatically a silly hippie. That is a well thought out philosohy on your part, congradulations. \end{sarcasm}

  9. Re:As usual: RTFA by jsebrech · · Score: 4, Insightful

    As for it being vandalism you could call almost anything that has to do with protesting a criminal act. Carry a banner? Unlicensed advertising. Hold a sit in? Traffic disruption maybe even holding the people you are stopping against their will.

    Excellent point, just because the law forbids something doesn't mean the law should forbid it. When the Indians protested against the British it was illegal, but nobody would dare claim their cause was unjust. Sometimes the right thing to do is to break the law.

  10. Re:Funny enough, I was planning on voting for Kerr by mborland · · Score: 5, Insightful
    I don't care which way you vote, but I find your reasoning to be quite immature. You basically have the reasoning of a cliquish high-schooler (not to say that's unusual): you make your voting decisions based not on any interest in a candidate's position on issues but instead on wanting to be lumped in with the crowd you feel more comfortable with.

    If you don't like either candidate or think they're too close to each other politically, vote for someone you do like. That will send a real message, not some sort of knee-jerk reaction to the fact that--gasp--some people express themselves in ways you don't like.

    So unless Teresa Heinz personally gives me a blowjob

    Right, everyone else is being immature.

  11. You'd lose the bet. by Anonymous Coward · · Score: 5, Insightful

    This fellow was making a political statement. The courts have held that political statements are the most protected of free-speech rights. The children are creating artistic expression of a unique and persusiave nature and Gulliford v Pierce County held that artistic expression of an individual is also among the free-speech rights, even if expressed in chalk. Commerical entities using chalk are making a non-political, non-individual, non-creative use of speech, and though I might disagree; the courts afford commercial speech less protection.

    So there you have it: my unbiassed bias. I believe it should be perfectly legal for this fellow, the children, or even Microsft to use chalk to display speech. The courts, however, do not agree. As I am a creature of law, more than I am a libertarian, I stick by the court - free speech must be protected and some speech more than others. Commercial and functional speech is at the bottom of the heap, but that's not my doing.

    Point is, and your barb doesn't address it. If the highest form of speech is reason for punishment, and the lowest form is reason for punishment (as you cite), then should not the middle protected speech be reason for punishment as well? Should we not therefore arrest those kids? Hopefully, you recognize the difference and your own implied bias or will you just ignore the logic and move on?

  12. Re:Supreme court would find no probable cause by MacJedi · · Score: 5, Insightful
    Don't give a damn what the "Supreme Court" has said. If the law is that you don't write on public property then that's the damn law!

    You may have heard of this document called The Constitution. See, it turns out that it trumps all other laws in the land...

    --
    2^5
  13. Re:Civil Disobedience by ethan0 · · Score: 5, Insightful

    The concept of civil disobedience isn't to randomly break laws. If you deface someone else's property, you're not just doing something illegal, you're being an asshole. The point of civil disobedience is to change laws that you think are unjust, by disobeying them publicly and making your reasons known. This wasn't intended to break any laws nor to protest any laws, it was simply to spread this guy's opinion. This has nothing to do with civil disobedience at all.

  14. Shame, shame, shame! by LibrePensador · · Score: 5, Insightful

    First of all, this guy does no permanent damage to public property.

    Secondly, while not all graffiti is equally defensible, I think of it as a valuable form of expression. And the problem is that as with many other free speech issues, you cannot protect the positive uses while penalizing the negative ones. Hear me out, before you jump the gun.

    See, there are times when the appropriation of public space is the only way to speak because the state or its corporate allies controls all legal -or the most effective- forms of communication. This isn't as true in the United States, although the large media conglomerates do exercise a great deal of control over what he hear and listen. Thankfully, we have the internet still left.

    Yet, as surprising as that may be to some Slashdotters, a piece of wall is an easiser medium to master than a computer and thinking otherwise only shows how out of touch some of you may be with some very poor communities in the United States where internet access does not exist nor do the skills to use a computer are common (I am working on fixing both, by the way).

    Moreover, graffiti and leafletting have both played a crucial role in breaking the fear that grips societies in authoritarian regimes. In dictatorships where people often die for less than painting graffiti on the wall, a piece of political graffiti can serve to end the sense of isolation caused by fear that often renders people unable to seek other ways to overthrow the military junta.

    If you are interested in history, read about how graffiti was used against the dictatorships of the southern cone in Latin America in the late 1970s and 1980s.

    The ethymological origin of the word is also very telling:

    Graffiti Graf*fi"ti, n. pl. It., pl. of graffito scratched Inscriptions, figure drawings, etc., found on the walls of ancient sepulchers or ruins, as in the Catacombs, or at Pompeii.

    --
    Pragmatism as an ideology is not particularly pragmatic in the long term. Keep it in mind when you dismiss Free Software
  15. Look at the timing! by mrchaotica · · Score: 4, Insightful
    From his website:
    The performance will be "live" during each day of the Republican National Convention, from August 30 to September 2, 2004.

    So he gets arrested right before the "live" event! Considering that he wasn't arrested immediately, but rather a few hours later, one wonders if some higher-up checked his website...
    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  16. Re:Should have known by cmallinson · · Score: 5, Insightful
    I can't stand everyone who is 'anti-Bush'. Why don't you devote your efforts to being pro-Kerry?

    Were you also mad at Bush for being "anti - Saddam"?

    Sorry, but maybe the people who are anti-Bush are not necessarily pro-Kerry. Maybe the issue is the terrorism inflicted by the Bush administration, and the fear that many Americans have of what Bush could do with "four more years".

  17. Re:Time, place and manner regulations are lawful by Anonymous Coward · · Score: 4, Insightful

    So long as the government - in this case, NYC - does not regulate content, it can regulate the time, place, and manner of expression.

    As long as they arrest people for writing political messages in chalk but not kids playing hopscotch or artists working with chalk, they are regulating content.

  18. Stupid troll by FurryFeet · · Score: 5, Insightful

    Not only are you lying, but you didn't RTFA. It all happened in front of a news TV crew, amd he reporter stated how controlled and polite he was. Plus, there were no "cohorts".
    You're not only a troll, but a stupid troll. And whoever modded you interesting has no business being a moderator.
    (Oh, sure, the reporter lied too, because big media is so antiBush. Spare me).

  19. Re:Property by freejung · · Score: 4, Insightful
    How? This I just don't understand

    OK, this is quite an interesting subject, and deserves a lot more answer than I have time to give here. As I said, our society is a long way from being ready to do without the concept of private property. Right now, private property is the only way someone can benefit from their labor, and as such it is a necessary part of our society. The thing is, private property is not the only way it is possible, in theory, for a person to benefit from their own labor, that's just the way we do it.

    If we were properly organized, that is, if we were organized in small egalitarian groups with strong social bonds (tribes), everyone would benefit from their own labor because everyone's labor would benefit the group, and the good of the group would benefit the individual. There would be no need for private ownership, everyone in the group could collectively "own" and use the resources created by the group.

    However, without this kind of organization, in the kind of dog-eat-dog system we have now, private property is essential. So I think we, as a culture, have a lot of growing up to do before we're ready for a non-propertarian system.

    However, as to corporate property, I think we could take steps to abolish this now without radically changing our culture. Corporations have only existed for a relatively short time. It would take a lot of work to dismantle them, but I think it's something we can work toward without doing all the hard work of reorganizing our culture that would be necessary to abolish private property completely.

    If I create something is it not mine?

    Ah, but under the current system, most of the things people create are not theirs, they belong to their employers from the moment of their creation. Indeed, the current system does enormous violence to this basic idea of private property.

    But I would put it differently. I would say, "if I make something, should I not benefit in proportion to the value of what I have created?" Absolutely. One of the biggest problems with the current system is that it does not promote that, but instead usually rewards the people who make things far less than the value of what they create, in order to line the pockets of people who didn't create anything. The thing is, I don't think private property is the only way to accomplish this, as I've outlined above.

    as a concequence, there may be damage to the reputation of the ideal that any protester wishes to advance, if they use such tactics.

    You are quite right, and you have convinced me that spray-painting Starbucks would be a bad idea, not on moral grounds but on tactical ones. It is very important that any act of expression be designed not to offend the majority of the population, otherwise it will have the opposite effect of the one intended. In this light, what this guy did with his chalk is perfect, as most people would not consider that vandalism, and it got him enormous publicity and probably a lot of popular sympathy and support.

    Sure they should, there should just NEVER to a seperation of the corporation from the people who own or run said corporation.

    But that is equivalent to abolishing corporate property. What you would have is not corporate property, it would be personal property owned jointly by the owners of the corporation. I agree completely that this is the immediate goal we should be working toward. After that, we can go further if possible, but right now, corporations need to be held accountable in a real way for their actions, otherwise we're in big trouble.

    we are not a true democracy

    Yes, yes, I know, we are technically defined as "a republic with a strong democratic tradition" according to the CIA. However, that strong democratic tradition necessitates having an egalitarian view, rather than an elitist one. I'm just urging you to have more respect for the opinions of others, that's all.

    What is jeapordizing our freedoms...