Hemmed in, fenced out, and covered up — the FirstAmendment has been having a hard time lately in America. In the midst of one of the most hotly contested presidential elections in recent memory, government officials and the two main political parties seemed increasingly hostile to the free exchange of ideas. In Boston and New York City, huge fences kept dissenting voices away from delegates at the Democratic and Republic conventions. The New York Civil Liberties Union fought for months on behalf of protest groups in NYC in order to ensure permits would be issued for non-violent demonstrations. Even so, demonstrators were corralled into certain “free speech zones,” far away from delegates, as the only legal venue to voice their dissent.
In Charlestown, WV, a couple was charged with trespassing for wearing anti-Bush t-shirts at a July Fourth rally at the state capital that was billed as an official presidential visit and open to the public. The couple was taken away in handcuffs for refusing to cover the t-shirts. The charges against them were dropped on a technicality.
Here in Maryland, the ACLU has fought back against the use of free speech zones for presidential visits. When President Bush came to Baltimore for a fundraiser in 2002, ACLU legal observers witnessed disturbing treatment of protesters. The Secret Service instructed the Baltimore City Police to grant a front row seat for Bush supporters near the hotel where the event was being held. Meanwhile, those who wished to express dissenting views were kept out of sight, blocks away.
This discriminatory treatment and hostility to rights was not tolerated in 2003, when Bush returned for a fundraiser in downtown Baltimore. The ACLU negotiated with Baltimore City and ensured that protesters were not cordoned off away from view.
The ACLU had other victories for speech rights this year — we won a significant victory for the right of students to protest on campus. The University of Maryland College Park had restricted free speech activity to a small area in front of the student union. University policy dictated that students had to get a permit to express themselves — even within the limited forum provided. The UMCP Chapter of the ACLU signed up as plaintiffs in the case and helped to ensure that students could freely participate in the marketplace of ideas.
The ACLU believes that when dissent is suppressed, this country suffers an immeasurable loss. Public expression of sincere and deeply felt disagreement with government policies is one of the highest forms of patriotism and the lifeblood of a democracy. Details about the ACLU of Maryland’s free speech advocacy and so much more are in this newsletter. Our legal, legislative, and public education work is making a real difference for thousands of Marylanders every day — from the schoolchildren in Baltimore City whose test scores have steadily been increasing due to our school funding lawsuit to the African American drivers on I-95 who are no longer subject to racial profiling to a single student on the Eastern Shore who protested unwanted religious messages from his coach and now can play with his team free from proselytization.
It is an honor to work with our talented staff, the members of our dedicated Board of Trustees, the inspiring activists in our ACLU chapters, the brave clients who seek to defend rights, and our committed members. Together, we are bringing the promises of the Bill of Rights and the protections of the U.S. Constitution to life everyday.