Archive for the ‘First Amendment’ Category

How groups use ‘First Amendment’ permits for protests at National Parks – ABC10

Alexa Renee, KXTV 3:14 PM. PDT August 17, 2017

7. Sequoia and Kings Canyon National Park (Photo: TripAdvisor)

A right wing group has been granted legal permission through the National Parks Service to protest at Crissy Field in San Francisco.

The group, Patriot Prayer, obtained a "First Amendment" permit to be at the site Saturday, Aug. 26 from 2 p.m. to 5 p.m., according to KGO.

So what is a "First Amendment" permit?

Under federal law policy, the National Park Service (NPS) recognizes freedom of speech, press, religion, and public assembly, according to their website.

However, the agency also has an interest in protecting park resources and the public's use of parks, and is given the right to regulate events held on national parks. The NPS requires a permit establishing a date, time, location, number of participants and other details related to a First Amendment event.

The content of First Amendment activities doesn't need to reflect the NPS mission or views to be reviewed for a permit.

Each national park has its own set of details and rules for a permit but in general, a group of more than 25 people are required to apply for a permit to hold a First Amendment event.

Crissy Field is apark unit of the Golden Gate National Recreation Area. A First Amendment permit is required for use of the area if a group will have more than 25 people, is utilizing special equipment such as generators and tents, if the organizers would like priority use of the area and if the group is requesting an area not otherwise open to the public, according to the NPS.

While a First Amendment permit is free to apply for at Golden Gate Park, large groups require a Special Events permit application fee of $45 and a certificate of liability insurance for $1,000,000.

Permit costs are separate from application costs and can range from free to $40,000, according to the NPS.

Ten business days is the minimum amount of time required to review most permit applications but larger events may take more time.

Some sensitive areas could be restricted and at least one park ranger needs to be present during an event as well as when loading and unloading.

For more details about First Amendment permits at national parks go to http://www.nps.gov.

2017 KXTV-TV

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How groups use 'First Amendment' permits for protests at National Parks - ABC10

Piers Morgan: C’mon, let’s change the First Amendment and ban Nazis – Hot Air

The mans a tool but I admire his immodesty in taking on all comers in a debate on a subject about which hes obviously ignorant. Hes the guy at the bar whos too drunk to stand up but proclaims himself ready to kick the ass of every man within earshot. You may think him sad and annoyingly belligerent. But hes got moxie.

We should not change the First Amendment to ban Nazis, by the way.

Pretty much everything the Nazis did in Charlottesville was free speech, up until James Fields got behind the wheel and fights started breaking out with counter-protesters. You can in fact chant blood and soil in a crowded theater in America, to borrow a phrase. (Although youll annoy the theatergoers around you.) Piers has it all figured out, though:

Lawyers who read that had a laugh, as did lots of people who didnt go to law school but are sufficiently interested in the history of free speech in America to have cracked a book on it once. Schenck is a notorious case from World War I in which an anti-war protester handing out leaflets urging people to dodge the draft got locked up for violating the Espionage Act(!). He sued on First Amendment grounds and lost, with the Supreme Court ruling that dangerous speech could of course be banned by the government. Thats where the infamous formulation about not (falsely) shouting fire in a crowded theater came from, courtesy of Oliver Wendell Holmes.

Soon after Schenck, though, Holmes and the Court started to have a rethink about the implications of banning dangerous speech and where that might lead. Fifty years later, in Brandenburg v. Ohio, the Court announced a new standard for criminal incitement drawn very narrowly, to protect as much speech as possible. (Under Brandenburg, which I mentioned here, virtually anything short of goading an angry mob to attack is protected.) In citing Schenck, Morgans relying on a case that the Supreme Court started inching away from nearly 100 years ago and which it abandoned nearly 50 years ago. Hes opening the door to reintroducing sedition prosecutions, citing a precedent that was used to jail a peaceful socialist war critic. Thats some fancy thinkin for a liberal.

When people started calling him out for this on Twitter, he fired back that he knows his incitement law quite well, thank you. Spoiler: He does not know his incitement law well.

Truth or falsity has nothing to do with incitement, a point that should be obvious if you reflect on it for two seconds. If an anti-semitic mob has a Jewish man cornered and someone yells Kill the Jew!, its, errrrr, not a defense to point out that the victim was in fact Jewish. Falsity is an element in defamation, another exception to the First Amendment but not one that has anything to do with incitement. There are three elements to unlawful incitement under Brandenburg intent to cause lawbreaking with your words, likelihood that people listening to you will in fact break the law, and imminence between the two. The last factor is important as it explains why so much Nazi speech is protected by the First Amendment. A Nazi might say Kill the Jews!; he might mean every word; and his audience of fellow Nazis might be ramped up to make it happen. But unless hes saying it in a situation where it seems like that audience might act imminently, its protected speech. Thats why Nazi or Islamist propaganda online isnt against the law. Even if the reader is inspired by it to behave violently, his lawless action isnt imminent at the time. Those are the variables you should be focused on if youre analyzing incitement, not false claims.

When Ben Shapiro, who went to Harvard Law, interjected to inform Morgan that he doesnt know what hes talking about, Piers (a) goofed on his height and (b) declared that American law schools suck. So maybe hes just trolling with all of this? Or maybe the thing about false claims was the germ of a tortured argument in which defamation committed by Nazis should be considered the lawless action that makes them indictable for incitement under Brandenburg? I dont know. I think maybe he was just bored and farting around on Twitter. As one does.

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Piers Morgan: C'mon, let's change the First Amendment and ban Nazis - Hot Air

Steyn: Without First Amendment Protections, You Have Charlottesville-Type Violence – Fox News Insider

Tucker: 'Today's Political Opponents Could Be Tomorrow's Designated Nazis'

Al Sharpton: Defund the Jefferson Memorial

Author Mark Steyn said that the First Amendment protections of freedom of speech and expression are paramount for a functional society.

"Freedom of speech enables you to argue for other freedoms, and that is the point of it," Steyn said.

Steyn was reacting to Tucker Carlson's monologue regarding corporations and progressives censoring speech of offensive factions.

He agreed that, while white supremacy is abhorrent, stifling the rights of more moderate factions lead to those factions finding other ways to express themselves.

"The less freedom of speech we have, the more we have what we saw over the weekend," he said. "All you can do is blow things up and shoot people."

"It always starts off with [white nationalist websites], but it goes further than that," he said.

Steyn said that PayPal recently banned a website from using its payment transfer services because the website is "immigrant restrictionist."

"If the U.S. government thinks in 1909 that [monopoly] Standard Oil had gotten too big... what is Google now?" he asked.

Watch more above.

Huckabee: 'Most Voices Unhappy With Trump' Are 'People Who Just Don't Like Him'

Ted Nugent Blasts Trump Critics: 'All Lives Matter, We Condemn All Violence'

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Steyn: Without First Amendment Protections, You Have Charlottesville-Type Violence - Fox News Insider

The First Amendment: Who can protest where? – ABC10

Typically, all forms of expression are including free speech is protected at city parks, sidewalks, and streets (August 16, 2017)

Giacomo Luca, KXTV 7:44 AM. PDT August 17, 2017

After a gut wrenching weekend violence in Charlottesville, Virginia that lead to one person killed and at least 19 others injured, protests by right-winged groups are being planned in San Francisco and Berkley, California, next weekend, KGO-TV reports.

San Franciscos Supervisor Mark Farrell is working with the National Parks service to come up with a safety plan for the rally planned in Crissy Field near the Golden Gate Bridge, KGO-TV reports.

While the events in Charlottesville escalated beyond those protected by the U.S. Constitutions free speech clause -- The initial rally where white supremacists met in Charlottesville to defend a confederate statue of Robert E. Lee was protected speech, said constitutional law expert and professor Leslie Jacobs at the University of Pacifics McGeorge School of Law in Sacramento.

In this article we ask Ms. Jacobs what rights Americans have to protest, demonstrate, and speak freely at places like universities, government buildings, parks, sidewalks, and other public places.

Here in the United States, our Supreme Court has interpreted our free speech clause to protect very, very hateful speech, said Jacobs. It is not permissible for the government to put people in jail for expressing their points of view.

The government may not restrict a person from protesting at any location solely on the basis of what they want to say, Jacobs said. However, limitations may be set on the time, location, and manner in which a free speech activity may be held.

Typically, prior permission must be given to protest inside government buildings like a city hall, so it doesnt interfere with government operations.

Permits, deposits, and special fees can be asked before a large event or for events that may block traffic, use loud noise devices, or are held in special areas.

You may also need to get permission if protesting in front of a school during class hours, so it doesnt disrupt education -- Anyone may protest on a public college campus as long as its outside, according to the American Civil Liberties Union. For more on individual colleges and university policies in Northern California click here.

The American Civil Liberties Union has also published a Know Your Rights pamphlet on demonstrations and protests, which can be viewed by clicking here.

2017 KXTV-TV

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The First Amendment: Who can protest where? - ABC10

Theres no hate speech exception to the First Amendment – The …

The First Amendment protects the speech we hate to hear.

Hard as it is to accept, the right to express vile and repugnant thought is guarded by the Constitution. Of course, theres no right to smash a car into others who have gathered to express alternative opinions. But its the job of elected officials and law enforcement to protect both the purveyors of ugly language and those who gather to protest it.

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Thats reality for Governor Charlie Baker and Mayor Marty Walsh. Bracing for a free speech rally that might take place Saturday on Boston Common, on Monday they held a joint press conference to send the message that while Boston, the cradle of liberty, recognizes free speech, they really hope the haters choose another time and place to exercise their rights.

They are right to be disgusted by the weekend rally in Charlottesville, Va., which was organized by white supremacists and neo-Nazis. They are right to denounce their gospel of bigotry and hatred and the domestic terrorism it spawned. James Alex Fields Jr. of Ohio, 20 years old, allegedly smashed his car into people who were protesting the nationalist rally, killing Heather Heyer, 32, and injuring at least 19 others. Thats criminal, and theres no First Amendment protection for that.

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But trying to ban a Boston gathering undermines an underlying precept of our democracy. A corporation like Google can set the parameters of permitted speech in its workspace. Organizers of the St. Patricks Day parade can legally exclude a gay veterans group. But government cant restrict speech just because it sickens or offends others.

I dont want them here, we dont need them here, theres no reason to be here, said Walsh, about a rally planned by a mystery group whose organizers say they have nothing to do with the organizers behind the Charlottesville rally. Freedom of speech isnt about racist remarks and division, the mayor added.

Unfortunately, the mayor has it backwards. Constitutional protection is not needed so much for someone saying, I like you, said lawyer Harvey Silverglate, a staunch defender of First Amendment rights. But it assuredly is needed to protect someone who says, I hate you.

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Just last June, the Supreme Court unanimously reaffirmed what it called a bedrock principle: Speech may not be banned on the ground that it expresses ideas that offend. In a case which upheld the right of a band called The Slants to trademark its racially offensive name, Justice Samuel Alito wrote, Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express the thought that we hate.

When it comes to neo-Nazis, the right to promote their twisted thinking goes back to the 1977 case Nationalist Socialist Party of America v. Village of Skokie. Organizers who described their group as a Nazi organization wanted to march through the streets of Skokie, Ill., which was at the time a village where over half the residents were Jewish, some survivors of Nazi concentration camps. The residents of Skokie argued the march would incite or promote hatred against persons of Jewish faith or ancestry. In the end, the Supreme Court upheld the Nazis right to march with swastikas, on the grounds that promoting religious hatred is not a reason for suppressing speech.

We can and should speak up against hate. As the Supreme Court makes clear, theres no hate speech exception to the First Amendment. With that freedom comes a heavy burden for government officials like Baker and Walsh, who must try to keep protected speech from turning into acts of violence.

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Theres no hate speech exception to the First Amendment - The ...