This Is a Fine Fisk She’s Gotten Us Into
February 13th, 2003 - 2:17 pm
Diana Moon gives us today’s second Fisk, this one on the “suppressed” peace protesters in New York.
Originally I sided with Eugene Volokh on the issue, but Diana has me convinced otherwise.
Thanks so much Stephen for helping to spread the meme.
One point: I don’t disagree with Volokh; in fact I completely agree w/him that the Sun editorial was reprehensible.
We were addressing two separate and distinct issues. Mine was simply that the NYPD never denied the protesters a rally permit, just a march and rally permit.
Big difference.
I will see if I can attend a counter-demo and report on the proceedings. Depends how cold it is, and what the word is on the possibility of violence.
As my latest post shows, a mouthpiece for the protesters now whines that because the judge denied the march and rally permit, violence is inevitable.
I’ve been watching leftists for years, but I can never get accustomed to their sheer, unmitigated gall.
Call me a law-and-order liberal for liberation.
Based on what I have read, I do not believe this is a free speech violation. Professor Volokh did not really address the 1st Amendment standards applicable. He was arguing more that calling it treason doesn’t give the government a pass. I agree with that.
Under the free speech analysis, you have to ask two questions.
1. Is this a content-based restriction? From what I’ve seen, I don’t believe it is. It seems that a march of similar size and disruptive capacity with another message(supporting the war, protesting the Westminster Dog Show, . . .) would be banned as well.
2. Is it an outright prohibition of the protest or is it a “time, place and manner” restriction? It is the latter. And, again, from what I have seen, it is reasonable. They are allowed to gather, but not march, and it only applies to the one day (at this point).
We are under Code Orange status, which has some significance in itself, but is also accompanied by a more particularized terror threat than we have seen in a while. It is reasonable to try to control roaming crowds during such times and to minimize the number of police officers that have to babysit these nut-jobs, and thus maximize the number that can try to keep the rest of the citizenry safe from terrorism.
BTW NYC has been under a Code Orange ever since 9/11/01
Hmm. I guess it’s a more reddish shade of orange now?
Hmm NYC is probably not the brightest place to hold such a thing (Bagdad comes to mind
. I’d be worried about a 4 million person L/Y/N/C/ Counterdemonstration. The good folk of NYC being known for showing their affection to the poeple who are on the side of the fellow who so thoughtfully arranged some urban renewal.