Unconstitutional Acts to Protect the President from Protestors

In the waning days of this administration's tenure, President Bush's lack of interest in opinions contrary to his own is as striking as ever. Most recently in New Mexico, a group of peaceful demonstrators was removed from the president's sight, continuing the administration's long-held tradition that dissenters should be neither seen nor heard. Sound undemocratic? Indeed.

Last August, President Bush attended an exclusive, high-priced fundraiser for New Mexico Senator Pete Domenici. Local activists opposed to the president's policies were, of course, not invited. To let the president know that not everyone agreed with him, they planned to stand along his motorcade route holding up signs expressing their views, especially their opposition to the war in Iraq.

The peaceful demonstrators' attempt at free speech was quickly squashed when police officers forced them to stay at least 150 yards away from the motorcade route, walling them off by placing numerous police cars and officers on horseback between the protesters and the president. Meanwhile, a group of Bush supporters was allowed to stand right along the motorcade route, where their "God Bless George Bush! We pray for you!" sign was in plain view of both Bush and the journalists accompanying him.

This isn't the first time law enforcement officers have tried to squelch dissenters in President Bush's presence. In 2004, Jeffrey and Nicole Rank were arrested for peacefully attending one of the president's speeches while wearing t-shirts bearing the international "no" symbol superimposed over the word "Bush." The Ranks sued and ultimately received an $80,000 settlement from the White House-a win for free speech after a fight that should never have been necessary in a free society.

And in 2005, Leslie Weise and Alex Young were ejected from another of the president's speeches because of a bumper sticker on their car that read "No More Blood for Oil." Their lawsuit is still pending.

Now, the ACLU has filed a complaint in federal court on behalf of six of the peaceful protesters in New Mexico who were banned from the view of the president. It is our hope that the lawsuit will prove once and for all that incidents such as these are unconstitutional.

These incidents of censorship appear to be dictated by White House policy. The official Presidential Advance Manual recommends that someone working on the ground where the president is to make an appearance "ask the local police department to designate a protest area where demonstrators can be placed, preferably not in view of the event site or motorcade route." It advocates the formation of "rally squads" of sign-wielding supporters that can "use their signs and banners as shields between the demonstrators and the main press platform." It also suggests that the rally squads "lead supportive chants to drown out the protesters (USA! USA! USA!)."

Lest it be thought that only Republican administrations engage in this type of behavior, it is worth pointing out that the Clinton administration's Advance Manual also suggested that supporters could "be encouraged to wave supporting placards in front of opposing ones." In fact, the ACLU supported a lawsuit against a government policy that prohibited people from demonstrating along the route of Clinton's presidential inauguration parade.

It's easy to see why presidents would want to be pictured surrounded by adoring supporters. After all, the true audience for a presidential appearance is usually not those who attend in person, but the potential millions who will catch a glimpse on the evening news. Few may hear the words the president speaks, but many will see the images filmed that day.

But the desire to look good does not justify treating members of the public like extras in a campaign commercial rather than citizens with a protected constitutional right to engage in speech of their own. Shielding the president from all criticism is an unsound and undemocratic policy that violates the Constitution. The First Amendment prohibits the government from "abridging the freedom of speech." This guarantee is grounded in the idea that, as Justice Oliver Wendell Holmes explained almost 90 years ago, "the best test of truth is the power of the thought to get itself accepted in the competition of the market."

The right to free speech is meaningless when the government is permitted to do an end run around the First Amendment by relegating those who want to exercise it to remote locations where no one will hear them. Communication requires both a speaker and a listener. Just as it is censorship to prohibit speech entirely, it is censorship to place individuals where they can speak all they want with no chance of being heard.

Comments

[QueenMaedb]

When I was in Ireland in 2004, Bush came there. The Irish, god bless them, followed the "advance manual." Protestors were kept to a side road the President didn't go on to get to and from his hotel.

So, as our Aussie friend mentioned, he throws his weight around in other countries, as well.

[radmul]

The longer we have Bush in power the more America looks like Parador

[raptor]

Everything about this administration has been stage-managed, from Mount Rushmore to New Orleans. The same things happened in Australia, which many Australians feel has become our 51st state. Snuck in and out of the country. Protestors held out of sight. Bridges closed to the public, but open to Cheney's and Bush's motorcades. Etc

[ScooterLiddy]

War is Peace.

[hopeless277]

They should be thankful they we're tazered, gassed, beaten, declared enemy combatants and taken off to Gitmo. This 'president' has no quams about murdering civilians and/or citizens. Pretty soon we will see Blackwater stepping in to handle Bush's security. I just can't wait for the first dozen or so funerals of Bush protesters. BTW, Bush has already given Blackwater total immunity from U.S. and international law, he just hasn't told anyone yet.

[hopeless277]

With no one to defend it, we have no constitution. The Republicans obviously hold the document in total contempt and the Democrats and too cowardly to take on Rush Limp-baugh. We, as citizens, have no protection any longer from police, military, and Blackwater. This country is over and done. Welcome to The Republican States of Ronald Reagan. Where disloyaty to The Party is treason and dissent is a crime. Party on!!!

[Semaj51]

Insuring the safety of the President is a good concern. Hiding protestors is just poor politics and yes, should be illegal. Let’s not forget our history. This country was started from the rude/aggressive protestors in Boston against the King’s men.