Dave Brat’s Horrible, Terrible, No Good Problem with the First … – Blue Virginia (press release) (blog)
by Maggie Dolan
Question: When is a Congressmans Town Hall not really a Town Hall?
Answer: When it is held in the auditorium of a house of worship on private property.
Freedom Caucus Member Rep. Dave Brat (R-VA-7) hosted his second Town Hall of 2017 on May 9, 2017 at the Clover Hill Assembly of God in Chesterfield County, Virginia, the home church of his co-host for the event, state Senator Amanda Chase. Well known to the national and international media for his January 2017 remarks, the WOMEN are in my grillto hold a Town Hall, Brats only previous Town Hall in 2017 was held in a tiny restaurant in Blackstone, VA, a remote rural area of his district at which signs and posters were forbidden and questions had to be submitted on note cards, provided at the event, to a moderator who then selected which ones Brat would be asked. Brat followed up with two pop up town hall meetings: one at a small tire shop and the other at another small restaurant- pop up because he only gave 24 hours notice of the events and held them on weekdays in the middle of the week at times when most of his constituents would be at work.
Following the Blackstone event, the Virginia ACLU notified Brat in writing that forbidding signs and posters at his Town Hall events was a violation of his constituents Constitutional rights to free speech.
Immediately following the House of Representatives narrow passage of the AHCA bill on May 4, 2017, Brat announced by email that a Town Hall for his district which would be held during the ten-day House recess. The email laid out the rules:
1.) admission would be by ticket only. A limited number of free tickets would be available online. No person without a ticket would be permitted inside the Town Hall. The Town Hall would start at 7 PM with ticket holders admitted beginning at 6:30 PM. A wait list was available for those unable to confirm a ticket. Wait list individuals would be admitted at 6:55 PM if space was available.
2.) In order to facilitate a meeting where everyone can have an unobstructed view, and where we do not leave litter behind in the facility; no signs, placards, banners, or flyers will be permitted in the meeting. No information was given as to the total number of tickets available, the number allocated in advance to Brat supporters, or the number allocated to Sen. Chase and her supporters.
Tickets were seized quickly once announced. Those trying to obtain one after 30 minutes, were told the event was sold out and they could sign up for the wait list. On the afternoon of the event, however, a second Brat email went out which said, All tickets available for the event are accounted for at this time. We do not anticipate granting entrance to anyone who is not holding a ticket that is in their name (we will be checking photo ID at the door). And because it is private property andon-site parking is limited, no one will be admitted to the parking lot without a ticket. The Virginia ACLU was notified and promptly sent another letter to Brat sternly reminding him that prohibiting signs, posters and banners at his public Town Hall event would be considered a First Amendment violation.
With two public schools available across the street and dozens more in his district, the decision to hold the event in a private property church was a strategic one on Brats part.
It allowed him to skirt the Virginia ACLUs earlier warnings about free speech infringement. As private property owners, the church leadership would be free to set the rules regarding admission, denying admission and presence of signs, banners, flyers and posters on their property. Additionally, the church owners could, and did, have armed Chesterfield County police posted at the driveway entrance checking for tickets, at the church doors, and inside the church turning aside anyone with a sign, poster or banner, forcing them to go to a sidewalk across the country road.
Ticket holders lined up at the church doors beginning at 5:45 PM and were individually checked to make sure their photo ID exactly matched the name on the ticket. No wait-listed individuals were admitted at 6:55PM. Instead these individuals were denied entrance and ordered to exit church grounds. The church doors were then closed and guarded by armed Chesterfield County police. Inside the church, estimates of the crowd were 400-500 people, but livestreaming video showed rows and rows of empty seats even 20 minutes after the meeting had begun.
Hearing of the empty seats from their friends inside, some people from across the road approached the church doors asking to be admitted since seating was available. Police officers politely but firmly said no and escorted them back across the road.
Reporters from most local, national and international media covered the event. These journalists, whose first mission is to investigate and inform the public, duly noted the crowd size and tone. Click bait adjectives rowdy, raucous, unruly, booing, jeering, interrupting were widely used, Although the press is currently under attack by this administration and a journalist in West Virginia was arrested that same afternoon for asking a question of HHS Tom Price, the First Amendment, did not seem to be on any of the reporters radar.
No one from the media commented on the implications of holding a meeting as a civic voice for constituents in a house of worship, Christian worship at that, given that other venues were readily available.
The crowd of people across the street, numbering over 100 individuals, staged a Die In. One outraged would-be-participant made a video of the group of people gathered there, expressing their frustrations and clearly stating the First Amendment violations that were being perpetuated by Brat and Chase and being ignored by the media.
7th District Concerned Citizens Video
Wait-Listed Constituents Stage Die In
When the Town Hall began with a Christian prayer offered by the church pastor, members of the audience held up red pieces of paper to show their disapproval of this. Throughout the 90- minute meeting, which dealt primarily with attendees objections to the recently passed healthcare bill, Sen. Chase repeatedly scolded the crowd for their boisterousness, at one point standing up and shouting, This is MY Town Hall nowso sit down. and threatened to remove noisy people from the building. She ordered the armed police officers to the center aisle to implement this. The police didnt remove anyone. Brat reminded the crowd, as he does multiple times in every meeting, that he is an economist and that he went to seminary. (Brats economic theory is based on his Calvinist beliefs.) He returned to his favorite themes of the Judeo-Christian foundations of our country and health care as a predictable free market commodity. When a questioner said that health care is a human right, Brat countered the question with, .I dont think yall want the separation of church and state () In the west rights come from God. In a press interview immediately following the event, Brat was asked how excited he was about the bill, he replied, Im a Calvinist, he said. Im the frozen chosen. Im an economist. So, its likeexcitement? Whatever. He also added, I dont think people get that excited on policy in general,
Chase added that it is the responsibility of the church, not the government to protect the poor, needy and vulnerable. If a person needs help they should join a church.
Historically, Thomas Jefferson and James Madison (both of whom Brat quotes frequently when it suits his purpose) disagreed on several issues in their writings, but on one thing they were both clear: separation of church from government is essential and must be preserved. Madison wrote:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
They were so committed to this belief that they enshrined it as the First Amendment to the newly-written Constitution of the fledgling nation. All other rights which they listed in the following nine Amendments known as the Bill of Rights, come secondary to these First Amendment rights.
Choosing a church as venue for the Town Hall was a calculated move by Dave Brat to infringe upon the First Amendment rights of those who wished to attend.
It was the critical first decision from which all other decisions for the event could legally follow, like toppling dominos. Because of that first choice by Brat, the subsequent decisions by the church leaders could not be disputed. Hence, as private property owners, the church leaders were within their rights to restrict attendance and deny wait-listed individuals from entry to a public Town Hall event. They were also within their rights to prohibit signs, banners, flyers and posters on their property and require that the audience submit questions on note cards instead of verbally to Brat.
Why would a Congressman host a Town Hall meeting in a church when multiple other public venues were available? Was his intention really to listen to his constituents concerns as their elected representative and to respond to them? What happened that night, and in the emails from Brats office leading up to it, was a clear and intentional assault upon the principle of separation of church and state on which our country is founded and the accompanying First Amendment rights to Free Speech and Free Assembly.
Dave Brat imposed his personal Christian beliefs on his constituents and allowed that belief system to control and exclude them, hoping no one would notice or call him on it.
In the current administration, we have become increasingly dependent on a free press to provide accurate information and analysis of a rapidly changing and fearfully-confusing time for our nation. Its not uncommon for politicians to give talks to church congregations. In some Congressional districts, Town Halls are held in churches because the church is the largest space for public gathering, but thats not the case in Brats district and certainly not in Chesterfield County. The fact then that no one in the media recognized this as a violation and sounded an alarm is especially worrisome. Perhaps if the co-host had been a non-Christian and had held the event in a non-Christian house of worship and had begun it with a non-Christian prayer, the flagrant violation would have been more apparent and noted.
Brat has greased a slippery slope. His deliberate decision to use a house of worship instead of a nondenominational venue for a civic event is not an inconsequential occurrence but rather a skillful ploy to manage his constituents into a situation that is less threatening to himself, but very threatening to their constitutional rights. It is an act of insidious guerrilla warfare on our most important constitutional rights. Failure to respond to his actions with strenuous public and media objections will normalize this abnormal, unacceptable and unconstitutional action and set precedent for further encroachment. If we dont seize this opportunity to make our voices heard loudly, clearly and to multiple audiences, this experience will not be the last time Dave Brat or other elected officials employ this method to control and exclude their constituents
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - The Conversation - October 9th, 2025 [October 9th, 2025]
- Mary Rose Papandrea Installed as Burchfield Professor of First Amendment and Free Speech Law - GW Today - October 9th, 2025 [October 9th, 2025]
- Supreme Court Weighs First Amendment Challenge to Colorados Ban on Conversion Therapy for Minors - Law Commentary - October 9th, 2025 [October 9th, 2025]
- 'We took the freedom of speech away:' Trump on flag burning protection, First Amendment - USA Today - October 9th, 2025 [October 9th, 2025]
- Jane Fonda heads celebrity-organized Committee for the First Amendment - The Tufts Daily - October 9th, 2025 [October 9th, 2025]
- Pastor shot in the head by ICE agents sues Trump administration over First Amendment threats in Chicago - The Independent - October 9th, 2025 [October 9th, 2025]
- CAC Release: Colorado Banned Conversion Therapy Because It Is Harmful. That Conversion Therapy is Accomplished Through Speech Does Not Make Colorados... - October 9th, 2025 [October 9th, 2025]
- Board of Health gets updates in wake of First Amendment audit controversy - Hopkinton Independent - October 9th, 2025 [October 9th, 2025]
- A new lawsuit claims the federal government is infringing on first amendment rights | First Listen - NPR Illinois - October 9th, 2025 [October 9th, 2025]
- Letter to the editor: Beware of abridgement of the First Amendment - The Independent Record - October 9th, 2025 [October 9th, 2025]
- NPPA raises First Amendment concerns over largest drone flight ban ever issued in US - Editor and Publisher - October 9th, 2025 [October 9th, 2025]
- Why free speech rights got left out of the Constitution and added in later via the First Amendment - EL OBRERO | Periodismo Transversal - October 9th, 2025 [October 9th, 2025]
- Cancel culture is undermining the First Amendment and the press is helping | Column - Tampa Bay Times - October 7th, 2025 [October 7th, 2025]
- Charlie Kirks Death Has Created New Debates Around The First Amendment - Religion Unplugged - October 7th, 2025 [October 7th, 2025]
- FBI Cuts Ties With Southern Poverty Law Center, Anti-Defamation League After Conservative Complaints - First Amendment Watch - October 7th, 2025 [October 7th, 2025]
- How Unique is the First Amendment? featuring Floyd Abrams Harrington School of Communication and Media - The University of Rhode Island - October 7th, 2025 [October 7th, 2025]
- Apple and Google Block Apps That Crowdsource ICE Sightings. Some Warn of Chilling Effects - First Amendment Watch - October 7th, 2025 [October 7th, 2025]
- Iconic First Amendment Attorney To Offer Forecast 2026 Keynote - Radio & Television Business Report - October 7th, 2025 [October 7th, 2025]
- Opinion: Local journalism is too important to give up on, and the First Amendment is too important to surrender - Anchorage Daily News - October 7th, 2025 [October 7th, 2025]
- The Trump administration is waging a systematic assault on First Amendment - The Durango Herald - October 7th, 2025 [October 7th, 2025]
- Press, protesters sue Trump administration over First Amendment violations at ICE facility in Broadview - Yahoo - October 7th, 2025 [October 7th, 2025]
- SCOTUS To Consider Whether Conversion Therapy Bans Violate First Amendment - GO Magazine - October 7th, 2025 [October 7th, 2025]
- California educators First Amendment rights face test in wake of Charlie Kirks killing - EdSource - October 4th, 2025 [October 4th, 2025]
- Reagan-Appointed Judge Calls Out Trumps Full-Throated Assault on the First Amendment - Democracy Docket - October 4th, 2025 [October 4th, 2025]
- Federal judge overturns part of Fla. book-ban law, drawing on nearly 100 years of precedent protecting First Amendment access to ideas - Middle... - October 4th, 2025 [October 4th, 2025]
- Senators Blumenthal and Warren on First Amendment and the FCC - C-SPAN - October 4th, 2025 [October 4th, 2025]
- A Word From Legal: Social Media, the First Amendment, and You - Maryland State Education Association - October 4th, 2025 [October 4th, 2025]
- League of Women Voters spotlights First Amendment - Midland Daily News - October 4th, 2025 [October 4th, 2025]
- A grave dancing teacher tests the First Amendment in San Jacinto public schools - Orange County Register - October 4th, 2025 [October 4th, 2025]
- Clemson University being sued, claiming the school violated First Amendment - WLTX - October 4th, 2025 [October 4th, 2025]
- First Amendment invoked in bid to demolish Holy Cross Catholic Church. Here's what historic board decided - IndyStar - October 2nd, 2025 [October 2nd, 2025]
- Is counseling entitled to protection under the First Amendment? - American Psychological Association (APA) - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches Committee for the First Amendment With Support of 550 Celebrities Including Pedro Pascal, Viola Davis and More - Variety - October 2nd, 2025 [October 2nd, 2025]
- US stars back relaunched Committee for the First Amendment - Music Ally - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda reboots Committee for the First Amendment: Artists must speak out before its too late - The Hill - October 2nd, 2025 [October 2nd, 2025]
- Nearly 80 years after McCarthyism, Jane Fonda relaunches Committee for the First Amendment: The stakes are too high - CNN - October 2nd, 2025 [October 2nd, 2025]
- Full-throated assault on the First Amendment: Judge rips into Trump over attempts to deport pro-Palestinian academics - CNN - October 2nd, 2025 [October 2nd, 2025]
- Your right to know: What the First Amendment really says about freedom of the press - The Montpelier Bridge - October 2nd, 2025 [October 2nd, 2025]
- Rhode Island Latino Arts vs. the Trump administration: Inside a First Amendment court battle - Rhode Island PBS - October 2nd, 2025 [October 2nd, 2025]
- LETTER TO THE EDITOR: School district doesnt believe in First Amendment - Rogue Valley Times - October 2nd, 2025 [October 2nd, 2025]
- Judge Finds the Trump Administration Unconstitutionally Targeted Noncitizens Over Gaza War Protests - First Amendment Watch - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches the Committee for the First Amendment with 550+ Signatories (Including Me) - The Ankler. - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches McCarthy-Era Committee For The First Amendment With Support Of 550 Celebrities Including Barbra Streisand, Pedro Pascal, Ben... - October 2nd, 2025 [October 2nd, 2025]
- Committee to Protect Journalists calls on FCC chair to respect First Amendment rights, press freedom - Editor and Publisher - October 2nd, 2025 [October 2nd, 2025]
- Trump is targeting the First Amendment rights of all Americans - The Contrarian - October 2nd, 2025 [October 2nd, 2025]
- Sens. Blumenthal and Warren Hold Forum on First Amendment and FCC - C-SPAN - September 30th, 2025 [September 30th, 2025]
- The First Amendment Applies to the Doctors Office, Too - National Review - September 30th, 2025 [September 30th, 2025]
- Readers respond: Stand strong for First Amendment - OregonLive.com - September 30th, 2025 [September 30th, 2025]
- The First Amendment as a racist weapon - People's World - September 30th, 2025 [September 30th, 2025]
- Judge Rules MyPillow Guy Mike Lindell Defamed Smartmatic With False Claims on Voting Machines - First Amendment Watch - September 30th, 2025 [September 30th, 2025]
- Someone remind Florida universities that you either have a First Amendment, or you dont - Creative Loafing Tampa - September 30th, 2025 [September 30th, 2025]
- A Big Win for the First Amendment in Retaliatory Case Filed Against Journalist Timothy Burke - freepress.net - September 28th, 2025 [September 28th, 2025]
- Guest Post: Your favorite college team is likely to be violating the First Amendment at its stadium - Extra Points - September 28th, 2025 [September 28th, 2025]
- Where America stands on the First Amendment: key takeaways - Free Speech Center - September 28th, 2025 [September 28th, 2025]
- The Trump administrations relationship with the First Amendment - 1A | Speak Freely - September 28th, 2025 [September 28th, 2025]
- Voices of the Newsroom: Is comedy a First Amendment right? - Los Angeles Loyolan - September 28th, 2025 [September 28th, 2025]
- New York Times columnist discusses the state of free speech and the First Amendment at WashU - studlife.com - September 28th, 2025 [September 28th, 2025]
- Does the First Amendment Apply to Hate Speech?: News Article - Independent Institute - September 28th, 2025 [September 28th, 2025]
- In 'Crucial Victory for the First Amendment,' Charges Against Journalist Timothy Burke Dismissed - Common Dreams - September 28th, 2025 [September 28th, 2025]
- The First Amendment: 7 things you need to know - baldwin-bulletin.com - September 28th, 2025 [September 28th, 2025]
- Jimmy Kimmel Thanks Trump for Record Ratings After Suspension; Julia Louis-Dreyfus Brings Host a Puppy Whos a Big Fan of the First Amendment - Variety - September 28th, 2025 [September 28th, 2025]
- Jimmy Kimmel May Be Back. Trumps Attacks on the First Amendment Arent Over - Rolling Stone - September 25th, 2025 [September 25th, 2025]
- How the First Amendment protects Americans speech and how it does not - The Conversation - September 25th, 2025 [September 25th, 2025]
- First Amendment lawyer on Jimmy Kimmel, the FCC and free speech - CBS News - September 25th, 2025 [September 25th, 2025]
- Peter Strzok, the FBI agent who sent anti-Trump texts, loses First Amendment case over his firing - Politico - September 25th, 2025 [September 25th, 2025]
- SPJ Foundation recognizes The State News of Michigan State University with $10K Pulliam First Amendment Award - Society of Professional Journalists - September 25th, 2025 [September 25th, 2025]
- America has lost its belief in the First Amendment - Columbia Missourian - September 25th, 2025 [September 25th, 2025]
- Ball State violated First Amendment by firing employee over Charlie Kirk post | Opinion - IndyStar - September 25th, 2025 [September 25th, 2025]
- Letter: Stand up for First Amendment - The Columbian - September 25th, 2025 [September 25th, 2025]
- First Amendment: "The Canary in the Coal Mine," by Ben Tripp - Claremont COURIER - September 25th, 2025 [September 25th, 2025]
- First Amendment Day and the insincerity of Rep. Lisa Fink - Arizona Capitol Times - September 25th, 2025 [September 25th, 2025]
- Press Release: Rep. Laura Friedman Leads Rally in Hollywood to Defend Free Speech and First Amendment - Quiver Quantitative - September 25th, 2025 [September 25th, 2025]
- Speech: First Amendment rights are non-negotiable - News and Sentinel - September 25th, 2025 [September 25th, 2025]
- YouTube bans were First Amendment violations, but thats not the whole story - Washington Times - September 25th, 2025 [September 25th, 2025]
- Book Review: The First Amendment: Essays on the Imperative of Intellectual Freedom, Tara Smith (with contributions by Onkar Ghate, Gregory Salieri,... - September 25th, 2025 [September 25th, 2025]
- Jessell: A First Amendment Win, And A Crossroads For Nexstar - TV News Check - September 25th, 2025 [September 25th, 2025]
- Cal Thomas: Jimmy Kimmel and the First Amendment - wng.org - September 25th, 2025 [September 25th, 2025]
- How Jimmy Kimmel is giving us a crash course in the first amendment - JoySauce - September 25th, 2025 [September 25th, 2025]
- Professors weigh in on First Amendment boundaries - Spectrum News - September 25th, 2025 [September 25th, 2025]
- Sean 'Diddy' Combs argument filming 'freak-offs' protected by First Amendment blasted by feds - New York Daily News - September 25th, 2025 [September 25th, 2025]