Saturday, September 6, 2014

84-5271 White House Vigil @118

The purpose of the sentence 7 proviso

"Nor is it any mystery why the Park Service decided to allow non-stationary protests within the center zone, even though such protests will admittedly obscure some of the White House view. Assuming arguendo that a ban on non-stationary protests would have been constitutional, the effect of instituting such a ban would be to demarcate a "no man's land" in the middle of the sidewalk. Protestors on either side of the zone would have considerable difficulty communicating with one another, for they would be prohibited from carrying their signs across the demarcated area. The regulation the Park Service adopted represents a reasonable effort to accommodate the needs of such protestors."

Sunday, July 21, 2013

Substantially unobstructed view of the White House


The Law

01. What the CFR is(wikipedia)
02. 36CFR7.96 Center Zone: G.5.viii ¶2
03. Federal Register 1985 on the new regulations
04. Freedom of speech (wikipedia) (case law)
05. Strict scrutiny (wikipedia)
06. Intermediate scrutiny (wikipedia)
07. 1972 Grayned v City of Rockford (SC, 70-5106) TPM trigger
08. 1984 Clark v CCNV (wikipedia)
09. 1984 WH Vigil for the ERA v Clark (DC, 84-5271) (Injunction)
10. 1989 Ward v Rock Against Racism (wikipedia) (SC),(2nd Circuit)
11. 1983 Perry Educ. Ass'n v Perry Local Educators' Ass'n, (SC,81-896)
12. 1939 Hague v CIO (wikipedia),(SC,39-0651), the public forum doctrine
13. 1983 US v Mary Grace (SC, 81-1863) and
13. 2013 Hodge v Talkin (DC, 12-00104), demonstration at the SC
14. 1985 US v Mary Grace (DC, 85-5174) Presidential Seal Exception ¶¶9&10

42 U.S.C. § 1983 - Civil Rights violations

Ambiguities in the regulations

1. Walk through the Center Zone vs walk in circles within the Center Zone.
2. Hand held signs vs self-supporting signs.
3. Unobstructed view from where
4. Unobstructed view vs ugly signs
5. Signs that are ugly vs signs are ugly.
6. By the way, why say placards?

From Time Place and Manner

01. The video of the closing of the sidewalk, here.
02. The problems with White House Vigil, here.
03. The Presidential Seal Exception, here.
04. Traditional public forum, and the center of the national stage, here.
05. Compatible use, here. Permits are all the regulation you need.
06. Necessary and Proper, here.
07. Overbroad, here
08. Criminalization of dissent, here.
09. History of arrests, here

Saturday, July 20, 2013

Interpreting the First Amendment

Remember that the Bill of rights, including the First Amendment, was added to the Constitution in order to placate revolutionaries who violently resisted oppressive government. "Congress shall make no law ... abridging the ... right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Time Cleared - 1800 hours

Note on Officer Nielsen's report the time that the sidewalk was re-opened: 6pm. That means that because of the method of enforcement, the sidewalk was closed for five hours. How does this serve the compelling state interest to protect a substantially unobstructed view of the White House for tourists and passersby.
The tourists and passersby who were there are long gone.