by gg3 » Thu 16 Nov 2006, 07:07:53
I'll agree with Gideon that this is more aimed at violent actions and threats thereof, than at legitimate protest.
However if you think that grassroots action is dead, look back at the election a couple of weeks ago. That was proof that we can in fact throw out the one-party state and bring back some checks & balances. As a result of which, the prognosis for political and civil life in America has improved considerably.
One other side effect of that law: now they can't use the phrase "anti-abortion violence" when someone blows up a womens' clinic, they have to call it by the T-word.
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As for protest per se, yes, the "free speech zones" have got to go. Everywhere you are is a free-speech zone. The right inheres in the person, not conditionally upon a place. Traditionally, "time/place/manner restrictions" were used to designate specific areas where unlimited exercise of free speech was prohibited, for example in the wee hours of the morning in residential districts. Now instead of having freedom except for limited restrictions, the "free speech zones" concept provides restrictions except for limited freedom.
The way to handle that is as follows:
Assume some instance where a protest is warranted, e.g. a public speech by a candidate who you want to oppose.
First, inform all relevant law enforcement agencies of exactly what is planned.
Then:
Organize a protest consisting of a fairly large group of people who are as disciplined as Marines.
Each will be wearing a T-shirt with appropriate messages in G-rated language, and each will be carrying a cardboard sign no larger than 1 foot x 2 feet bearing a message printed in large letters, and held directly in the hands rather than being attached to a stick.
With their shirts on and signs in hand, they arrive at their destination.
The assemble in a line.
They walk in a line, calmly, at a walking pace. If the protest site is a public street, they spread out along the sidewalk in a manner that is clearly identifyable as a deliberate pattern but does not obstruct pedestrian or other traffic. If the protest is an open area such as a field, they spread out similarly around a perimeter or other area where their pattern is clearly observable to anyone present.
Then they
just
stand
there.
No shouting, no heckling of the candidate whose speech they are protesting, no other doing anything beyond standing there with sign and T-shirt on.
Now any reasonably astute law enforcement agency is going to allow this to continue without interference. But just in case...
Their backup plan is to do the following:
If ordered to leave, they politely decline. Each of them also says, in a calm voice to whatever police happen to be nearby, "if you have to arrest me, I'll go peacefully and cooperate."
So, if arrests happen, the protesters calmly walk out of their with their arresting officers, climb into the paddy wagons, and generally behave in a polite and well-mannered way regardless of whatever else happens.
When booked, they give their proper names and information, and then they post bail and presumably get released.
Now what you have is either
a) A successful protest action with no arrests, where you have managed to overcome the limits of "free speech zones," or you have
b) A few hundred people arrested for some minor charge such as trespassing, where the actual facts of the case show that there was no questionable behavior beyond simply standing there with sign and t-shirt bearing messages whose content is clearly protected speech.
If (b), you then take it to court. And you argue that, given the fact that you informed the law enforcement agencies in advance of your intent to remain peaceful, and did so throughout the action, the case boils down to a prima-facie First Amendment free speech case, and that you have an absolute right to engage in this specific type of behavior in public places such as streets, parks, and so on.
I'm no lawyer, but I can imagine that no prosecutor in his right mind would want to try to press those charges, or if he did, he'd find himself on the losing side of the case even if it had to go all the way to the Supreme Court. (And I'd like to see the Supremes try to justify any conclusion other than affirmation of the free speech rights in this instance, that would be funny...)
Once this method is established, it becomes usable in all types of venues. And once it achieves the successful objective of getting the message across and making mush out of a "free speech zone," I would say the gates are open for some very interesting and creative and thoroughly nondisruptive but effective types of expression. (Hint: clever positioning of protestors can make it very difficult for some blowhard badguy to find a location for the photo op! "Dammit there's another one of 'em in the background over here too!")
Oh, one more thing. If you really want to blow some minds along the way, do this: If the venue is a large outdoor area other than a street, and you manage to successfully stay there with signs and suchlike present, then at the end of the event, get together and pick up all the litter on the ground! This will require some logistic support in the form of someone arriving discretely after the event with brooms and shovels and perhaps large plastic bags (which should be clear plastic so there's no way anyone can suggest there are bombs or whatnot concealed in there). This is so far "outside the box" that the people whose event is being protested will do a double-take as they leave, and will have to give it at least a moment's thought. "What?! Those protestors are sweeping up the trash?!!? Huh?!!"
That's called being a threat to the paradigm, not to the people in it.