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Rights of Protesters Violated, Judge Rules

by Carol D. Leonnig

The Bush administration violated the public’s right to free speech by keeping protesters far removed from the 2005 inaugural parade, a judge ruled yesterday.0321 03

U.S. District Judge Paul L. Friedman found that the National Park Service violated its own regulations by giving the inauguration’s private organizers preferential treatment and extraordinary control over access to Pennsylvania Avenue. The Presidential Inaugural Committee roped off most of the parade route and allowed only those with tickets inside: largely a crowd of Bush administration donors, supporters and friends coming to celebrate the start of President Bush’s second term.

Protesters were limited to small, specific areas, leading to a lawsuit by antiwar activists.

“The inauguration is not a private event,” Friedman said in his ruling. “The National Park Service, on behalf of the PIC, cannot reserve all of Pennsylvania Avenue for itself, leaving only the Ellipse and the northern part of John Marshall Park to protesters.”

Unless overturned on appeal, the ruling would force the Park Service to make more room for passing spectators, activists, residents and tourists in the next presidential inauguration, in January.

Friedman said the Park Service allowed the Presidential Inaugural Committee to apply almost a year ahead of anyone else for a permit, contrary to its usual regulations. It then granted the committee exclusive use of nearly all of the parade route from the Capitol to the White House and allowed the group to use the area for five months before Inauguration Day, instead of the typical three weeks.

Mara Verheyden-Hilliard, the lawyer who filed the suit on behalf of the antiwar ANSWER Coalition, cheered the ruling and said protesters would finally get a fair chance at the upcoming inauguration.

“We’re thrilled that the National Park Service can no longer privatize Pennsylvania Avenue and restrict its use only to the donors and supporters of the incoming administration,” she said. “This is an end to their very strained efforts to stage-manage democracy at the inauguration.”

A Justice Department attorney for the Park Service said the government was reviewing the judge’s decision and considering its options.

The government argued recently in the case that its permits did not prevent protesters from exercising their rights to free speech.

“These claims seem to be at odds with plaintiff’s website proclamations, claiming that their ‘anti-war mass rally on the inaugural parade route today was so successful,’ ” the government wrote. “Indeed, plaintiff proudly proclaimed that its demonstration was ‘[t]he first thing that [President] Bush saw as the presidential motorcade began the parade route.’”

© 2008 The Washington Post

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24 Comments so far

  1. peaceman March 21st, 2008 11:26 am

    Big Bad Bob, Good comment. Only thing dumber are people willing to die or be maimed by the world’s dumbest dictator by joining his military.

  2. ToeBot March 21st, 2008 11:29 am

    So, will this ruling mark the end of so called ‘Free Speech’ zones? I’ll be watching the various party conventions to find out.

  3. BeForKids March 21st, 2008 11:29 am

    Sure protesters have a right to free speech. They can sit in cages miles away from venues and talk their heads off to each other. Just like here. And the general public wont even know they exist. Just like here.

    kathyodat

  4. COMarc March 21st, 2008 11:30 am

    OK, nice for future inagurals. But, where’s the penalties for denying these protesters their rights.

    Whenever the politician types are talking about crimes not committed by the government, their ‘get tough on crime’ talk always includes lots of penalties to be ‘a deterrent’. So, where’s the penalties in this case? How about having the Park Service pay millions of dollars in punitive fines to the groups that were denied their constitutional rights to peaceably aseemble? How about time in jail for the Park Service officials who made these decisions that denied those rights?

    Such actions, with some real teeth in them, would make government officials far more wary about denying people their rights. On the other hand, if all this is is just a notice to do better next time, they won’t give a damn. Because they’ll know that if they violate people’s rights again, the worst that will happen is that 3 years later some judge might slap their wrist with a limp noodle and say ‘naughty, naughty, don’t do that again.’

    Denying an American citizen the rights that are guaranteed in the Bill of Rights should be an extremely serious crime and should be treated as such. If you know the history of the Constitution, it was originally rejected by the American people. And these rights were added as a part of the deal to get American citizens to agree to this constitution. As such, they are a fundamental part or our society, and when the government does not respect them they call into question the entire legitimacy of the government. So, the law and the courts should treat this as one of the more serious crimes that comes before them, with penalties to match.

  5. Edward1793 March 21st, 2008 11:41 am

    When the middle class is under attack by corporate powers and their cronies in political office, and there are limited jobs to be had, where is a person to turn except to work for the military or the government.

    It’s all a big game to the big money people; eliminate the middle class, sell our country to foreign interests, send decent jobs overseas, get the U.S. hooked on addictive consumerism (gas, drugs, toys, etc.)and you have a captive population that will do what you want them to.

    It does not matter who’s in power, politics is all an illusion to make us think that we still have some control over our lives. The country is being run by the corporations no matter who is elected. Go against them and see where you end up.

  6. MetalDog March 21st, 2008 2:04 pm

    peaceman — why’d you have to go and dis our armed forces? It’s not their fault Bush is a murderous sociopath.

  7. SkySonja March 21st, 2008 4:07 pm

    I like to think of our troops as more naive than dumb, unfortunately also brain washed. I know we are all, but most of us never kill anyone or are expected to do so.

  8. rosco45 March 21st, 2008 5:07 pm

    Good job, ANSWER!

  9. John F. Butterfield March 21st, 2008 5:30 pm

    So, more than one aspect of Bush’s inauguration was unconstitutional.

  10. Old Hippy March 21st, 2008 5:31 pm

    By the time this issue works it’s way thru the court system,
    everything inside the beltway will be guarded by Blackwater.
    It’s going to take another Kent State to bring the vast
    majority of the citizens to their senses. Even that might
    not get them away from their big screens and SUVs
    To paraphrase Orwell: “Sex, Sports and “reality TV” shows which MSM happily peddles to the stupified masses”

  11. peaceman March 21st, 2008 5:45 pm

    MetalDog, “peaceman- why’d you have to go and dis our armed forces? It’s not their fault Bush is a murderous sociopath.”

    You’re right, MetalDog, it isn’t their fault the coward-in-chief is a murderous sociopath, but after more then seven years in the White House and everything the sociopath has done to destroy everything good and decent in our country and setting himself up as an absolute ruler with the most morally and ethically reprehensible government in American History, and commiting war crimes abroad, why would a rational thinking person join the armed forces and carry out his desires for an imperialistic and fascist agenda? Unless they believe in the Bush/Cheney game plan.

    Especially with “Stop Loss” where the military can extend you past your ETS. (Expiration of term of service)

    MetalDog, I understand people need to earn a living, and the “blood money” looks good to a lot of folks, but why work for a murderous sociopath? The information has been out there for eight years. Why people prefer to remain ignorant is beyond me.

  12. whatfools March 21st, 2008 5:59 pm

    I think it will take more than another Kent state Massacre
    by a Texan Tyrant to bring American citizens to their senses.
    More than another Napoleon firing canons into the crowd.
    I think Darth Cheney will hold out for another full blown ‘Algiers’ to rip this nation apart.

  13. urthsong March 21st, 2008 9:48 pm

    The other day, a woman pulled up next to me on the parking lot. She was all adither about my “Impeach Bush” bumper sticker. She said that I looked nice. Why was I trying to divide our nation? I tried to talk about upholding the Constitution. She wasn’t interested. She asked me if I believed in the Bible and insisted that I must begin watching Fox News. So there we are. Many Americans have been convinced, perhaps brainwashed in many instances, that protests and free speech are destroying America when the opposite is the case. I agree that if there are no “teeth” in the decision to protect the protestors’ rights, nothing will change.

  14. lizard March 21st, 2008 11:50 pm

    metal dog: The armed forces have failed their constitutional duty. They have violated their oath. Additionally, many ,if not most, are guilty of war crimes. Why not dis the armed forces?

  15. shakker March 22nd, 2008 12:24 am

    This isn’t done yet, the EXTREME COURT may want to jump on this. Goes to show you how far we have regressed from the ideals of free speech, freedom of assembly, and speedy trials. Three years to decide an obvious case.

  16. IMPEACH cheney March 22nd, 2008 11:04 am

    Hey urthsong,
    Very disheartening encounter. This woman seemed brave or curious enough to speak up to you - at least she is thinking about things, and willing to reach out?!

    One of the challenges that feeds the mindset like that of the woman above is something that is very common in the press, including this article. In the first line of the article Ms. Leonning uses the word “protester”.

    This popular and continued choice of wording does the citizenry of this country a disservice. We are first and foremost CITIZENS — that are exercising our right to PROTEST. This is so fundamental, and is so often lost. By labeling us by our action makes us different and separate from those who are not protesting. I have so often corrected the press during interviews. I am not a protester, I am a citizen who is participating lawfully, and acting accordingly to redress the grievances I have with my government. This is my obligation - it is not who I am.

  17. terryb March 22nd, 2008 12:05 pm

    Bush wouldn’t go to a picnic, unless those in attendance, were hand picked, and signed a pledge of allegiance, and devotion to his sorry ass.
    I can hardly wait to see what happens after he is out of office, and he tries to mingle with the common public.

  18. Hetware March 23rd, 2008 12:59 am

    I remember back when Clinton was POTUS there was a marked rise in the amount of strong fortification erected around the White House and Capitol. It was not difficult to understand that this evinced an alienation of the electorate from our elected(sic) officials.

    There has been a systematic, progressive dismantling our Constitutional Republic and replacing it with an imperial oligarchy. The case discussed in the article is simply an example of a tactic used in this nefarious scheme.

    What Lawrence Wilkerson, Colin Powell’s former Chief of Staff, says in this video is stunning and frightening.

    http://www.youtube.com/watch?v=k4ji-VBrfQo

    He basically said that the appointment of George W. Bush to the presidency changed our republic to an empire.

  19. Jeffrey Courion March 24th, 2008 12:02 am

    How can anyone claim we are anything related to a democracy when we restrict the dissenting elements of humanity to mouse cages remotely positioned from the range of our ears? Those who remain outside the cage are more akin to muted birds with clipped wings. It’s all a bunch of bad theater — bound to make for the best of historic folly!

  20. Hetware March 24th, 2008 12:57 am

    Wow! CD blocks the American Free Press website as well!

  21. Hetware March 24th, 2008 1:00 am

    I wonder if I am permitted to mention Sylvia Stolz or Germar Rudolf without being banned.

  22. Hetware March 24th, 2008 1:24 am

    What I had attempted to provide a link to is the story ADL Link to Local Police Agencies Uncovered in Chris Bollyn Affair I am truly stunned by the hypocrisy evinced by this censorship.

  23. greatbear215 March 24th, 2008 10:52 am

    Looks like all that “crackin’ heads” for this White House isn’t going very well!

  24. Boots March 25th, 2008 7:56 am

    Aren’t you all proud to be an American? I’m not.

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