Nashville Not a Free-Speech Zone?
by Jon on Apr.16, 2008, under Babble, Politics
From Chris Lugo:
Well, about six of us peace activist lefties showed up tonight at nine pm at the main post office on royal parkway. The traffic line to the post office went back about a half a mile so we had to wait in line about fifteen minutes to find a parking space. One of our people had called up earlier and told us that one of our people was there already and that there a lot of libertarians there since 6pm. We saw Daniel and Lisa, Libertarian candidates, waiting at the bus stop to go home as we showed up.
Once we found a parking spot we got together and strategized about where the best place to protest was. Nini had spent the night before making a very nice sign that detailed how much of our tax dollars go to military spending. So our focus went to where all the news cameras were, near a tent set up along the route the cars were taking to drop off their returns. So we went toward the tent and I suggested we go to the other side of the tent just past where people drop off their taxes.
So we went there, the three of us, and shortly thereafter two more people showed up. So Nini and I were standing on the curb just past this tent and were holding signs protesting the abusive use of our tax dollars for an illegal war and Jane was trying to hand out flyers that she had made for the event. Just up ahead of us was this tent that was sponsored by 107.5 the River, a private media corporation, that was handing out pizza and candy to people as they drove by. Then as they went past us Jane was handing them flyers.
So within just one or two minutes there were several people who did not identify themselves but told us that we couldn’t stand there. We were standing on a sidewalk. They said that we have to go across the street. We said that this is public property and it is our first amendment right to stand here. They said that this was not true and if we did not move they would go get the police. So they came back about a minute later with this police officer, Troy Smith, of the Metro Police Department. He told us we had to go across the street where there was no illumination and no one was driving by. He said we did not have a right to stand there and hold signs or hand flyers to people. He said that this was federal property and that we do not have the right to be there.
We pointed out that we were standing on a public sidewalk and we have a right to be there. We told him that the constitution guarantees our first amendment right to free speech. He threated to arrest us and said he would charge us with disorderly conduct and resisting arrest. He asked for Jane’s ID. He asked for my ID. His language was threatening and intimidating. He said about five times that we had to go across the street. Jane was talking to him and trying to stall him. Jane was pointing out that this radio station, a private corporation, was in the same spot we were and they were handing out pizza. The police officer and the security people said that was diferent because pizza isn’t information and they weren’t protesting anything so they could be there. We pointed out that they were using the opportunity to advertise their radio station and why didn’t they have to move. Jane said she wouldn’t move unless they had to move.
It was getting very close to arrest territory, I have seen people getting arrested before, and I wasn’t prepared for being arrested at this time even though I knew we were in the right. So I was preparing to leave and I think we persuaded Jane to leave for the time being.
So we went down the street a couple of blocks, addled and agitated by this show of intimidation. We handed out flyers about halfway down the traffic line where all the people were stuck in traffic and no one bothered us but we also had been chased away from the television cameras as well.
After a while we went back to the spot where we had been intimidated and harrassed before and talked to the news trucks to tell them what had happened. Then most of the group went across the street and stayed until around 10:30pm or so, while there was still a line a half a mile back with people waiting to drop off their tax returns.
So here is my feeling – there is a clear case here for a lawsuit. There was a private group obviously benefing from the free publicity they were getting being in the same spot we chose to be in. We were told we couldn’t exercise our first amendment rights on a sidewalk on public property, but that a private corporation could do that. When we stood up to defend our rights we were threated with arrest. So I think we have a case here. We have at least five witnesses, as well as the officer’s name. I couldn’t get the name of the other people who were harrasing us but I think we can get them. We have the name of the radio station that was there at the same spot we were at and we have several accounts of the language which was used against us that clearly stated that we did not have a right as citizens to exercise our first amendment rights on public property but that a private corporation could.
Chris
Well clearly all that “right of the people to peaceably assemble” first amendment nonsense doesn’t cover people assembling for peace! What were they thinking?