‘Jefferson Memorial’
courtesy of ‘qr7d88 (Alex) *mending*’
Summer is a time for re-runs and apparently that goes for protest events too. Adam Kokesh and others have indicated their intention to show up at the Jefferson Memorial this Saturday at Noon for a repeat performance of last Saturday’s civil disobedience. There’s over 2500 folks RSVPed on Facebook, though that seems to include folks who are going to boogie remotely in solidarity.
I already weighed in with my opinion on how I thought the protesters should have responded during their arrest and a number of you weighed in with your position on me getting stuffed. I thought a more useful follow-up would be from someone with actual law knowledge so I reached out to Kevin M. Goldberg who has helped us out with speech law before.
Kevin is Special Counsel at Fletcher, Heald & Hildreth where his area of expertise is First Amendment, FOIA and IP issues, making him a good person to turn to about this. Plus he still takes my calls. He’s also a regular contributor to their CommLawBlog where you can find items like his recent piece about “copyright trolls” and the BitTorrenters who don’t so much love them. If you’re getting your Gaga or Hangover 2 fix via less-than-legit channels this might be the kind of thing you’re interested in reading about.
For the moment, though, let’s talk about doing the monument boogie. Take it away, Kevin.
Don first contacted me Sunday evening with the idea of a guest piece about the Oberwetter decision. That’s Oberwetter v. Hilliard, the case that Adam Kokesh and the other protestors were responding to when they had their Jefferson dance-in this weekend. His suggestion for a primary focus was the subject of that case’s odd-sounding finding: That the inside of the Jefferson Monument is not a public forum.
This isn’t a the first time Don and I have discussed this subject. I teach Journalism Law at George Mason University and talking about when, where, and how the government can and cannot legitimately restrict your speech gets sizable attention in my lesson plan. Not that long ago Don audited my class to make sure We Love DC can try to enjoy a long and lawsuit free existence. Ever since he’s been contacting me as his “expert” on speech law. (Note to self: update email filters)
This event was no exception and we exchanged a few emails about the details of the Oberwetter case and this more recent event. While I can assure you that nothing would make me happier than to show Mr. Whiteside up both publicly and violently, I have to say that I can’t. We’re in total agreement here on two counts: (a) it’s unfortunate that (b) the Court of Appeals probably got this right.
How can that be when anyone’s free to walk into the memorial any time of night or day? How do two people slightly left of Marx on speech rights come to a conclusion like that one? Well, let’s discuss.
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