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Right to Free Speech and Protest Questions at Dem and GOP National Conventions
By Lily Garza
August 5, 2008
As the election year’s Republican and Democratic National Conventions near once again, an old issue is already resurfacing. As in the past, demonstrators are planning protests at both conventions and are concerned about their constitutional right to "free speech."
In the year that marks the fortieth anniversary of the 1968 riots that plagued the Chicago Democratic National Convention, both protesters and law officials are preparing for a fight. Demonstrators representing issues ranging from immigration to health care to abortion have announced plans to protest and have requested that their First Amendment rights be respected.
These issues bring into question what, exactly, our first amendment rights entail. The United States Constitution states that “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.” However, since the 1960’s the Supreme Court has added qualifications to further define this right. State, local and federal governments are permitted to regulate how citizens express these rights. Certain forms of speech receive no First Amendment protection and the government can stop expressive behavior that violates public safety laws, such as street or sidewalk blockages, sit-ins and human barricades.
While city officials in both Denver and St. Paul have made no announcements indicating that they wish to stop protests, they have stated a desire to “keep the peace” and are making efforts to ensure that no violence will take place during the conventions. The Minneapolis and St. Paul police hope that communication will be the key to avoiding any disruptions during the Republican National Convention. The police department is already contacting organizations that they expect to demonstrate, and trying to exchange cell phone numbers and other contact information to maintain communication throughout the convention.
The open communication tactic, according to the Associated Press, has been successful in aborting violence at events throughout Europe, including a 2007 NATO meeting in Oslo, Norway. The St. Paul police published a news release stating that their officers have been in contact with police in Britain, Canada, Germany and Norway to study this method.
In Denver, tactics to appease both sides of this issue are still under debate. A coalition of protest groups, along with the A.C.L.U. filed a lawsuit to ease strict security provisions already proposed for the convention. According to the New York Times, the two-day trial ended July 31, but the judge has yet to announce her ruling.
During the 2004 Republican National Convention in New York City, police tactics and use of surveillance were widely criticized after it was revealed that over 1,800 people were arrested during the four-day convention at Madison Square Garden.
With only weeks remaining until the conventions begin, the amendment that is widely viewed as establishing the most fundamental of American rights is once again a topic of intense debate.
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