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Federal Judge Upholds Denver Convention Protest Zone

Update 8/7: Here's my breakdown of yesterday's federal court decision upholding Denver's planned protest zone.

In a 71 page ruling available here, a federal judge in Denver today upheld Denver's planned protest zone for the Democratic National Convention, finding the plan does not run afoul of the First Amendment. As the Denver Post reports:

The demonstrators wanted the public-protest area moved closer to the delegates coming in and out of the Pepsi Center, and they wanted parade routes to end closer to the venue.

Law-enforcement officials and Denver representatives argued during a one-day trial that there has been a robust effort made to allow groups of all backgrounds to demonstrate and that security concerns superceded the demonstrators' need to be closer to the delegates.

The last paragraphs of the ruling:[More...]

The Court finds that the Plaintiffs have shown that the challenged restrictions affect their ability to engage in expressive activities in traditional public fora. However, the Defendants have shown that the restrictions are content-neutral, that they are narrowly tailored to serve important governmental interests, and that there are adequate alternative channels by which the Plaintiffs can communicate their messages.

Thus, the Plaintiffs have not shown that their First Amendment rights will be infringed, nor that they are entitled to any injunctive relief.

As to the "alternative channels" the ruling states:

In addition to participating in any of the 18 approved parades, the parties are free to assemble, demonstrate, and protest on nearly all of the city’s public streets (subject to compliance with all generally applicable laws and ordinances). They may visit the public/Demonstration Zone, avail themselves of the communicative opportunities afforded by their permits to hold events in city parks, and communicate through innumerable media outlets.

For the reasons previously discussed, the Court finds that, given the minimal burdens on speech reflected in the parade-related denials, the parties have ample alternative channels in which they can adequately communicate their messages.

Still to come: The Judge's ruling on the protest zones at Invesco Field where Sen. Barack Obama will deliver his nomination acceptance speech.

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  • Display: Sort:
    Ugh (5.00 / 2) (#1)
    by txpolitico67 on Thu Aug 07, 2008 at 12:03:05 AM EST
    whatta joke.  This isn't Tiananmen Square, it's a political convention.

    The Dems are becoming what they loathed.  Free speech supressing hacks.  I wonder if one is going to have to sign a "loyalty oath" at Invesco the day of the event?

    Dems gone wild (5.00 / 1) (#5)
    by daryl herbert on Thu Aug 07, 2008 at 12:25:55 AM EST
    See Dems get nasty with their "barely legal" convention

    Watch them almost break all of the rules, and get down and dirty!  Order now and get your free AT&T/telecom immunity tote bag!

    They'll do anything approved by the judiciary--and you get to watch.

    Great comment (5.00 / 0) (#21)
    by Claw on Thu Aug 07, 2008 at 06:29:59 AM EST
    And you're right.  This is nasty.  "Protest Zones?"  I'm an unabashed Obama supporter, but as much as I like him, I like the rights to free speech and free association even more.  The Dems should've rejected the idea of free speech zones outright, as a symbol of the Constitution-hating Bush.

    Parent
    Will they have to (5.00 / 0) (#6)
    by weltec2 on Thu Aug 07, 2008 at 12:29:34 AM EST
    wear monitoring bracelets on their ankles if they want to leave the area? Come on people. A Public Demonstration Zone for Democrats? This is not us. This is not my party. This just sickens me.

    Excuse me, 'content neutral'? (5.00 / 0) (#7)
    by Valhalla on Thu Aug 07, 2008 at 12:34:32 AM EST
    How does that work?  They are being kept caged up because the content of their speech is against the DNC.

    Horse-pucky.

    Well, I guess we'll (5.00 / 1) (#8)
    by oldpro on Thu Aug 07, 2008 at 12:36:08 AM EST
    have to hope some of those busunder delegates are more radical and annoyed than usual and become protesters with badges.

    Wouldn't be the first time there was a walkout and a rump convention.

    Probably won't happen...but it could.

    Depends, I suppose, on Obama's behavior between now and then and on anything, ANYTHING, the Obama campaign says about the Clintons before the convention.

    We'll find out how surefooted they are in their choice of veep and their sales pitch when they have to explain to every reporter with a camera and a microphone why he 'didn't choose Hillary.'

    I hope they're practicing their talking points.

    1984 Republican Convention, Dallas (5.00 / 1) (#9)
    by Ben Masel on Thu Aug 07, 2008 at 01:02:22 AM EST
    I sued over the City's 1 1/2 mile "Security Zone.' The Hon.Barefoot Sanders advised the City to modify their plans, "or you won't like the order I'll write." "The proper balance between legitimate security concerns and the 1st Amendment Right to be within sight and sound is 'a stones throw plus 10 feet.'"

    What's the (none / 0) (#10)
    by oldpro on Thu Aug 07, 2008 at 01:07:53 AM EST
    Olympic stone-throw record?

    Parent
    We ended up at 175 feet (none / 0) (#13)
    by Ben Masel on Thu Aug 07, 2008 at 01:27:09 AM EST
    from the Convention doors.

    Parent
    UUUUuuu... (none / 0) (#22)
    by weltec2 on Thu Aug 07, 2008 at 06:45:49 AM EST
    Nebraska - Florida State: I wouldn't complain about that.

    Parent
    55 yards! (none / 0) (#25)
    by oldpro on Thu Aug 07, 2008 at 09:07:10 AM EST
    Pretty good...less than 1/2 a football field.

    Good job.

    Was it effective from the demonstrators' point of view?  Could you see reactions from those to whom you were demonstrating?  Could they see you as well as hear you or were there obstructions to their view of demonstrators/signs etc.?

    Parent

    We brought a monster sound system, (none / 0) (#28)
    by Ben Masel on Thu Aug 07, 2008 at 12:13:07 PM EST
    dead kennedys played as the delegates filtered out.

    Parent
    I was 16 (none / 0) (#11)
    by txpolitico67 on Thu Aug 07, 2008 at 01:08:38 AM EST
    living here in Fort Worth and I remember my aunt who was SUPER active in politics wanted me to go with her to demonstrate over in Dallas.

    I was sick that week and had missed school.  I regret not going.  My aunt Pauline was the one who got me involved in politics helping Speaker Jim Wright.

    I think it SUX that everything has to be so damn sanitized for the sake of not offending the likes of Bush 43 or Obama.

    Pitiful, pathetic cowards.  They can sure dish out the criticism but they can't take it.  Say what you will about the Clintons, but they take their critics HEAD ON!

    Parent

    Had me arrested 3 times outside 1996 (none / 0) (#14)
    by Ben Masel on Thu Aug 07, 2008 at 01:33:08 AM EST
    Democratic Convention, twice for leafletting, then an indictment on 6 felonies for participating  in an anti-death penalty march that swelled from 1 lane to 2.

    Acqu