First Amendment Violations to Watch for at the RNC and DNC
By Jay Stanley, ACLU Speech, Privacy and Technology Project | August 22, 2012
We know that photographers have been having problems all over the country with police harassment, and that demonstrators’ free speech rights have also been under assault. But with the Democratic and Republican political conventions coming up, we have all too much reason to expect that free speech rights will be swallowed up in the vortex of those events, which have become constitutional black holes in recent years.
Chris Hansen, our senior First Amendment attorney, has been litigating First Amendment cases for many years, including landmark cases such as Reno v. ACLU, and a number involving the free speech rights of protesters. I asked him to give me an overview of the situation, and he said that we’ve been seeing three big problems that come up increasingly at all these kinds of events:
1) “Free Speech Zones.” People wishing to express themselves are being sent to distant locations—euphemistically called “Free Speech Zones”—so they are inaccessible to the audience at the event. (There is one legitimate Free Speech Zone we don’t have a problem with, it’s called the United States of America.)
2) Arrests. People are simply being swept up and arrested, essentially for no reason at all, in order to clear the streets. Cities figure that they can just deal with the ensuing litigation later. They don’t much care that they don’t have grounds to arrest people, they just sweep the streets.
3) Surveillance. Unjustified surveillance is common, both prior to and during the event. Recent stories suggest that there is a lot more infiltration of protest organizers taking place than we had realized at first. But then there’s also the surveillance that takes place at the event, where often everything is filmed. Even worse are the new restrictions on what you can carry into the demonstrations, which give the police the authority to search you as you go in.
These rights violations are happening repeatedly, despite lawsuits that are filed and won after the event is over. Chris tells me, “the cities view it as a cost of doing business.”
Consciously and intentionally violating the law and Constitution is apparently viewed as a legitimate tactic by the same police and officials who are supposed to be enforcing the law. Chris Hansen adds,
It’s an accelerating pattern, and a remarkably consistent pattern. In other words, there don’t seem to be significant city-by-city variations in police behavior; there seems to be a playbook for police departments that they’re all using.
Chris says that when attorneys for protesters try to seek legal protection in advance, the cities respond by using various tricks they have learned to get around legal oversight. For example, with respect to the free speech zones, he says:
We’ve tried. Part of the problem is the city often won’t tell you until the last minute where you’ll be allowed to demonstrate. So if you go into court six months before the event, the city says, “we haven’t made any decisions yet,” and the judge says “well, how can I decide this in the abstract?” But if you wait for the police to announce the location right before the event, the judge often says, “I don’t have time to second-guess the city, I’m just going to let it go.”
So the cities have learned that if they keep the location information secret up until the very last minute, for the most part judges aren’t going to second-guess their decision, so they end up sending you six miles away, under a bridge. That’s the classic example, in Boston, where they were literally under the highway.
It’s sad and ironic that the political conventions, which at some level are supposed to represent democracy and freedom, have become empty, stage-managed, institutionalized, Soviet-style show events, while simultaneously becoming the occasion to sell out real individuals’ actual, ground-level free speech rights as a “cost of doing business.”
Related articles
- What Not to Bring to the 2012 Conventions (theatlanticcities.com)
- Federal Court Upholds The Herding Of Demonstrators Into ‘Free Speech Zones’ (dprogram.net)
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August 22, 2012 - Posted by aletho | Civil Liberties, Solidarity and Activism, Timeless or most popular | American Civil Liberties Union, Chris Hansen, First Amendment, First Amendment to the United States Constitution, Free speech zone, Freedom of speech, United States
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The Fiction of the Jewish History in Palestine
By Hasan Afif El-Hasan | The Palestine Chronicle | April 8, 2011
Prime Minister Benjamin Netanyahu told NNC Pierce Morgan on March 18, 2011 that he might agree to a Palestinian state through negotiations. And he added, “We will make territorial concessions although it is very painful to do that in our ancestral land.” Netanyahu was not talking about Poland where his ancestors lived. He was talking about Palestine where generations of its indigenous population ancestors lived, cultivated the land and are buried.
By the end of the nineteenth century, Zionism created a new Jewish identity of blood and soil. To mobilize their followers and supporters and appeal to their emotions, the Zionists created myths. Zionism started as a tribal religion without god, but in order to fulfill its function as a unifying force, Zionism required external religious and race symbols, not inner content. Its leaders regarded metaphysical religious belief and purity of race as having value in itself. They created a divine paradisiacal state of merger with the gods. Despite his non-religious ideology, Herzl’s writings were replete with religious references. The Jews should settle in Palestine because, in his words, “the Temple will be visible from long distance, for it is only our ancient faith that has kept us together”.
The Zionists and their supporters have invested tremendous financial and scholarly resources to work within the Hebrew Bible historical narratives to affirm the links between the intrusive Zionist population and the ancient Israelite past, and by doing so assert the right of that population to the land. The political end-game shaped the investigation and the outcome. Tracing the roots of Israel’s ethnic state in biblical antiquity is effectively to silence the indigenous Palestinian claim to the past and therefore to the land. The Biblical scholarship employs a bewildering array of terms for the region: “the Holy Land”, “the Land of the Bible”, “Eretz Israel”, “the Land of Israel”, or “Judah and Samaria.” To the casual reader these names appear interchangeable, but they all imply connection to ancient Israel.
Biblical narratives or poems that cannot be supported by archeology and common sense are treated by the Zionists and their supporters as historical language. … continue
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