"Congress shall make no law … abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." First Amendment, U.S. Constitution
If there’s one thing the United States stands for, it’s unfettered free speech. It is vital to a functioning democracy. Unfortunately, the increasing use by government and law enforcement officials of "free speech zones" and other stifling tactics to purge dissent has largely undermined the First Amendment’s safeguards for political free speech.
For example, President Bush’s Presidential Advance Manual outlines the specific strategies his administration has used to "minimize the demonstrator’s effect." It includes such Orwellian tactics as selling tickets exclusively to presidential supporters and creating "rally squads" of supporters who will surround and drown out protesters with pro-Bush chants. The manual also discusses the strategy of asking local law enforcement to create a designated protest zone, "preferably not in view of the event site or motorcade route."
Free speech zones have been employed by both Democrats and Republicans at past political conventions. This year, however, Democrats face the embarrassing possibility that they will be the only party actually caging dissenters. Protesters at the upcoming Democratic National Convention (DNC) in Denver in late August will be corralled into caged "free speech zones" made of chicken wire and chain link fences which are located more than two football fields from the delegates’ entrance. Those who attempt to exercise their First Amendment rights outside this makeshift cage, which is partially obscured by trees and sculptures, will be arrested. (Ironically, protesters at this year’s Republican National Convention will not face a cage or even policemen in riot gear.)
Even the news media, once considered a vital stronghold for ensuring accountability in government, is also conspiring to keep protesters out of sight and earshot. Members of the media are urging Denver officials to move the designated protest zone away from where media tents will be situated, reportedly due to concerns that loud demonstrations could disrupt broadcasts or that reporters and photographers could be doused with tear gas or pepper spray if there are confrontations between police and protesters.
With the news media having seemingly sold out the First Amendment rights of protesters for the sake of their own financial interests, it has been left to a handful of civil liberties organizations and protesters to challenge these restrictions in court. The courts have previously ruled that protests can be restricted in keeping with a reasonable time, place and manner. But if you’re two football fields away and no one can see or hear you, it renders you all but invisible and irrelevant — which, of course, is the point of these so-called free speech zones.
It is only a slight exaggeration to refer to free speech zones as temporary concentration camps. Although the Holocaust has largely transformed our modern understanding of concentration camps, they were historically intended to "concentrate" populations of "dangerous" individuals into a small area so the government could monitor them more easily.
The 2004 DNC in Boston utilized such a camp, with surveillance cameras to record the individuals inside the cage. Conditions were so appalling that U.S. District Court Judge Douglas P. Woodlock referred to the designated protest zone as a "grim, mean, and oppressive space," which had the overall feel of an "internment camp."
As one visitor to the 2004 DNC free speech zone remarked:
Last night, I had my first direct experience with the so-called free speech zone. It left me with one conclusion: whatever you do, do NOT go inside. It’s not only a blatant offense to free speech, but also highly dangerous and unsafe. I would suggest protesting anywhere in Boston but inside of it. No amount of hyperbole can accurately describe how disastrous the interior actually is. It’s like a scene from some post-apocalyptic movie — a futuristic, industrial detention area from a Mad Max film. You are surrounded on all sides by concrete blocks and steel fencing, with razor wire lining the perimeter. Then, there is a giant black net over the entire space.
Concentrating, monitoring and minimizing the effects of protests are the real reasons for using designated protest zones. Protesters are only perceived as dangerous because their message challenges the status quo. It’s the message that is feared. Thus, efforts to confine and control the dissenters are really efforts to confine and control their political messages, whatever those might be. This is true whether they’re challenging environmental policies, free trade agreements or, as in Denver with the upcoming DNC, the political campaigns of candidates running for public office. And if Barack Obama is serious about being an active defender of civil liberties, he needs to openly condemn the fencing off of protesters at the upcoming DNC.
By severely restricting protesters’ access to the media and to convention delegates, free speech zones destroy the power of dissenting viewpoints to foment debate and bring about change. Just imagine if the hundreds of thousands of participants in the 1963 March on Washington for Jobs and Freedom, which culminated with Martin Luther King Jr.’s "I Have a Dream" speech at the Lincoln Memorial, had been forced into free speech zones. There likely would not have been a 1964 Civil Rights Act.
The right of political free speech is the basis of all liberty. It’s the citizen’s right to confront the government and demand that they alter policies. But first, citizens have to be seen and heard. That’s what "we the people" is all about. And only under extraordinary circumstances should free speech ever be restricted.
Caging people who want to exercise free speech goes against the entire concept of our Constitution, the Bill of Rights and what the revolutionary generation stood for. When political protest is caged, it’s not just the rights of a few protesters that are at stake. The very definition of freedom is in danger. Freedom cannot be exercised from within a cage.
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute, a Virginia-based civil liberties organization.








View Comments
Comment posted July 22, 2008 @ 2:29 pm
Totalitarian governments don’t always suddenly swoop in and take the citizens’ rights away. Totalitarianism can slip through the back door and subtly take our rights away, one at a time, until we wake up one day and realize they’re gone.
Comment posted July 22, 2008 @ 12:56 pm
Mr. Whitehead brings forth some great questions. Is it any wonder that after 8 years of Carl Rove, a White House supportive of misinformation campaigns and the use of ‘scare tactics’ within a complicit/naive media, that we have a public fearful of protest? And while these reports appear to be a significant oppression of free speech, government officials seem to often overreach in a rush to ensure public safety. One thing the constitutional author does downplay, however, is the ability for dissenters of any stripe to come up with creative strategies of their own to ensure that ‘voice’ is protected in a post-9/11 America. Journalists who witnessed protest events in the past, especially in the 60′s and 70′s, know too well that even with an unlimited basket of legislation and law enforcement, voices of righteousness seem to always find a path.
Comment posted July 23, 2008 @ 11:50 am
Mayor Hickenloopers Police are already putting pressure on long standing Denver protesters, enforcing long ignored and un-Constitutional laws and threatening protesters.
I amazed you haven’t published a direct link to the USAToday.com article and to the original “Comments” by myself and others on your related article
http://www.coloradoindependent.com/view/usa-today-raps5
This is the original USA Today.com link to Mayor Hickenloopers rebuttal to
the USAToday Editorial:
(With readers COMMENTS
including regarding current Denver Police efforts to suppress
the free speech rights of our group of protesters two weeks ago )
Denver Mayor Hickenloopers rebuttal:
Opposing view: We support free expression
http://blogs.usatoday.com/oped/2008/07/opposing-view-2.html#more
As you can see I posted a lengthy comment detailing our Impeach Colorado Coalition’s recent experience in dealing with threats from the Denver police while protesting in front of Rep. DeGette’s office and Channel-7 and Channel-31.
Our experience suggests that the Denver police are currently engaged in a campaign of threats of “disturbing the peace” and “conspiracy” charges against any/all protesters and that this new threat is happening now and is not just “planning for DNC radicals”.
This threat has caused our group to stop using “Honk To Impeach” signs, which the Denver Police claim is a “conspiracy” to violate Denver laws. We do not have the financial resources to oppose them in court and must concentrate on the goal of impeachment, not trying to change local laws. Since there are so few groups pushing for impeachment we feel we must concentrate on our original goal, having impeachment hearings prior to the election.
In an article published on Friday, February 1, 2008 by The Detroit News (Michigan) entitled: Judge Rules In Favor of First Amendment,
Comment posted July 27, 2008 @ 11:47 pm
It’s strange they have stopped the impeachment horn-honking after all this time, probably it has intensified because people are becoming increasingly frustrated. The pillage of our country has quickened this year, it’s like they want to get all they can in their few remaining months in office, now banks are folding, the Constitution seems to be going out the window…
Well, only 177 days until they leave office (unless Kucinich gets them impeached sooner).
Honk, honk, honk.
Comment posted July 26, 2008 @ 5:06 pm
The Enforcement Act (17 Stat. 13)
How about using the anti Klan Act against Chief Bootlicker.
KEY PROVISIONS AND THEIR CURRENT RELEVANCE
Of the many sections of the Ku Klux Klan Act, the most influential today is the little debated section 1983. The section provides in part:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress….
The language of the statute is much the same as it was in 1871. Interestingly, the 1874 revisions resulted in the apparently inadvertent insertion of the words “and laws,” which has resulted in a large expansion of the statute’s coverage. Reference to the District of Columbia and to territories was added in 1979.
Section 1983 allows people to sue for state and local violations of the Constitution and federal law. It enables private citizens to affirmatively enforce these rights. Lawsuits may be brought in federal or state court, and the remedies available for violations include damages and injunctive relief. A key to Section 1983′s revitalization was when the Supreme Court breathed new life into the Fourteenth Amendment. The Court developed an extensive theoretical framework for the due process and equal protection clauses, under which it recognized a wide variety of federally protected rights. Also, in Monroe v. Pape (1961), the Supreme Court interpreted Section 1983′s “under color of law” requirement to cover cases in which state and local officials were not acting in accordance with state law but in violation of it. This was the beginning of a series of interpretations that loosened the judicial stranglehold on civil rights legislation that had been passed during the Reconstruction era.
Comment posted July 22, 2008 @ 7:56 am
Mr. Whitehead brings forth some great questions. Is it any wonder that after 8 years of Carl Rove, a White House supportive of misinformation campaigns and the use of 'scare tactics' within a complicit/naive media, that we have a public fearful of protest? And while these reports appear to be a significant oppression of free speech, government officials seem to often overreach in a rush to ensure public safety. One thing the constitutional author does downplay, however, is the ability for dissenters of any stripe to come up with creative strategies of their own to ensure that 'voice' is protected in a post-9/11 America. Journalists who witnessed protest events in the past, especially in the 60's and 70's, know too well that even with an unlimited basket of legislation and law enforcement, voices of righteousness seem to always find a path.
Comment posted July 22, 2008 @ 9:29 am
Totalitarian governments don't always suddenly swoop in and take the citizens' rights away. Totalitarianism can slip through the back door and subtly take our rights away, one at a time, until we wake up one day and realize they're gone.
Comment posted July 23, 2008 @ 6:50 am
Mayor Hickenloopers Police are already putting pressure on long standing Denver protesters, enforcing long ignored and un-Constitutional laws and threatening protesters.
I amazed you haven't published a direct link to the USAToday.com article and to the original “Comments” by myself and others on your related article
http://www.coloradoindependent.com/view/usa-tod...
This is the original USA Today.com link to Mayor Hickenloopers rebuttal to
the USAToday Editorial:
(With readers COMMENTS
including regarding current Denver Police efforts to suppress
the free speech rights of our group of protesters two weeks ago )
Denver Mayor Hickenloopers rebuttal:
Opposing view: We support free expression
http://blogs.usatoday.com/oped/2008/07/opposing...
As you can see I posted a lengthy comment detailing our Impeach Colorado Coalition's recent experience in dealing with threats from the Denver police while protesting in front of Rep. DeGette's office and Channel-7 and Channel-31.
Our experience suggests that the Denver police are currently engaged in a campaign of threats of “disturbing the peace” and “conspiracy” charges against any/all protesters and that this new threat is happening now and is not just “planning for DNC radicals”.
This threat has caused our group to stop using “Honk To Impeach” signs, which the Denver Police claim is a “conspiracy” to violate Denver laws. We do not have the financial resources to oppose them in court and must concentrate on the goal of impeachment, not trying to change local laws. Since there are so few groups pushing for impeachment we feel we must concentrate on our original goal, having impeachment hearings prior to the election.
In an article published on Friday, February 1, 2008 by The Detroit News (Michigan) entitled: Judge Rules In Favor of First Amendment,
Comment posted July 26, 2008 @ 12:06 pm
The Enforcement Act (17 Stat. 13)
How about using the anti Klan Act against Chief Bootlicker.
KEY PROVISIONS AND THEIR CURRENT RELEVANCE
Of the many sections of the Ku Klux Klan Act, the most influential today is the little debated section 1983. The section provides in part:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress….
The language of the statute is much the same as it was in 1871. Interestingly, the 1874 revisions resulted in the apparently inadvertent insertion of the words “and laws,” which has resulted in a large expansion of the statute's coverage. Reference to the District of Columbia and to territories was added in 1979.
Section 1983 allows people to sue for state and local violations of the Constitution and federal law. It enables private citizens to affirmatively enforce these rights. Lawsuits may be brought in federal or state court, and the remedies available for violations include damages and injunctive relief. A key to Section 1983's revitalization was when the Supreme Court breathed new life into the Fourteenth Amendment. The Court developed an extensive theoretical framework for the due process and equal protection clauses, under which it recognized a wide variety of federally protected rights. Also, in Monroe v. Pape (1961), the Supreme Court interpreted Section 1983's “under color of law” requirement to cover cases in which state and local officials were not acting in accordance with state law but in violation of it. This was the beginning of a series of interpretations that loosened the judicial stranglehold on civil rights legislation that had been passed during the Reconstruction era.
Comment posted July 27, 2008 @ 6:47 pm
It's strange they have stopped the impeachment horn-honking after all this time, probably it has intensified because people are becoming increasingly frustrated. The pillage of our country has quickened this year, it's like they want to get all they can in their few remaining months in office, now banks are folding, the Constitution seems to be going out the window…
Well, only 177 days until they leave office (unless Kucinich gets them impeached sooner).
Honk, honk, honk.
Comment posted August 19, 2008 @ 9:09 pm
The United States of America itself is our free speech zone. It is so designated by the highest law of the land, the U.S. Constitution. We need to find the most creative ways to challenge the concept of limiting free speech to caged zones and dedicate ourselves to standing up to those who would subvert the Constitution no matter what political party they belong to. The very idea is outrageously offensive to anyone who really believes in the basic freedoms upon which this great country was founded.
Comment posted August 19, 2008 @ 10:09 pm
The United States of America itself is our free speech zone. It is so designated by the highest law of the land, the U.S. Constitution. We need to find the most creative ways to challenge the concept of limiting free speech to caged zones and dedicate ourselves to standing up to those who would subvert the Constitution no matter what political party they belong to. The very idea is outrageously offensive to anyone who really believes in the basic freedoms upon which this great country was founded.
Comment posted August 22, 2008 @ 6:09 am
Speaking of free speech, where is my comment that I posted here the other day?
Comment posted August 22, 2008 @ 11:09 am
Speaking of free speech, where is my comment that I posted here the other day?
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