Protesters to be kept out of sight, out of mind at the Democratic convention

August 8, 8:55 AMCivil Liberties ExaminerJ.D. Tuccille

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According to Judge Marcia S. Krieger, of the United States District Court for the District of Colorado, "security precautions" at the Democratic Convention in Denver, including a fenced perimeter, a designated "public demonstration zone" where free speech will be permitted and a parade route out of sight of the actual proceedings at the Pepsi Center, are just fine and dandy.

Krieger does concede "that the restrictions inhibit the Plaintiffs’ ability to engage in some forms of expressive conduct." But, in her decision (PDF) in a case brought by the ACLU and a number of other organizations, the judge ruled "the restrictions are content-neutral, that they are narrowly tailored to serve important governmental interests, and that there are adequate alternative channels by which the Plaintiffs can communicate their messages."

Unfortunately, it has become increasingly common for the courts to find that officials have "important government interests" in keeping people exercising their First Amendment rights away from the politically powerful -- especially if everybody is muzzled equally. Similar precautions can be expected at the Republican convention in St. Paul, which has also been designated a "special national security event" by the Secret Service. Free speech is increasingly treated as a privilege when exercised in a place and manner that might actually draw the attention of -- and worse, offend -- government officials.