HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Places » U.S. » Wisconsin (Group) » Wisconsin: Why the Capit...

Thu Oct 10, 2013, 07:33 PM

 

Wisconsin: Why the Capitol Settlement is a Win (ACLU)

http://aclu-wi.org/story/victory-why-capitol-settlement-win

After we announced our settlement yesterday in the Capitol free speech case, the Department of Administration claimed that the ACLU of Wisconsin had agreed that the state’s “permit process is constitutional.” We’re not surprised the state wants to fudge facts and claim the settlement as a victory. But it’s important to cut through the spin and get a few things straight:

We’ve always held that the state’s permitting scheme is unconstitutional — and Judge William Conley, the federal judge who presided over the case, clearly found it unconstitutional. Nothing about the settlement changes that. At the most abstract level of generalization, the U.S. Supreme Court has held that narrowly tailored, content-neutral permit schemes can be constitutional. Judge Conley recognized that, as do we.

...

So, when a certain number of people had gathered inside the Capitol, the state could have required them to submit a full application for a permit, then taken up to 30 days to decide whether to grant the permit, and then arrested people who didn't have one.

This settlement changes that. It’s a victory for free speech because now no one has to receive permission from the government to exercise their First Amendment rights inside the Capitol. Instead of being forced to apply for a permit, now groups of 12 or more can give notice instead. Giving notice is much more informal than applying for a permit, can be done in a variety of ways, and doesn’t even require providing your name. And, unlike permits, the state has essentially no grounds (other than illegal conduct or someone else obtaining a permit) for refusing to allow people who give notice to use the Capitol. The Capitol Police don't get to decide whether to "grant" the notice. The settlement means they must put it on the schedule.


There's more at the link, including how the decision effects past arrests. Also this quote from Judge Conley's decision:

"The Capitol rotunda is closer to an out-of-doors, traditional public forum in that it is a capacious gathering space with a unique history as a place for government and public discourse, which admits for (indeed was designed for) a certain level of disturbance that would not be proper in a typical state office building or even a typical state capitol."

4 replies, 1189 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 5 replies Author Time Post
Reply Wisconsin: Why the Capitol Settlement is a Win (ACLU) (Original post)
Scuba Oct 2013 OP
madrchsod Oct 2013 #1
mokawanis Oct 2013 #2
gopiscrap Oct 2013 #3
hue Oct 2013 #4
AllyCat Oct 2013 #5

Response to Scuba (Original post)

Thu Oct 10, 2013, 08:09 PM

1. yes the last paragraph IS very interesting

it would seem the judge is hinting that all the cases should be thrown out.

boy that has to sting ole wanker walker.....

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Scuba (Original post)

Thu Oct 10, 2013, 08:25 PM

2. What will Wanker do now?

Now let's see what tactics he instructs the Capitol Cops to use against the protesters. If Walker had any brains, which he doesn't, he'd cut his losses and back all the way off.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Scuba (Original post)

Thu Oct 10, 2013, 09:33 PM

3. Good for the ACLU

they litigated my yard sig 9-0n case in Collier-vs-Tacoma 1993 and won 9-0

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Scuba (Original post)

Fri Oct 11, 2013, 06:30 AM

4. The fact is the public had the right to assemble all along. Someone should pay for the sufferage

of the Peeps who were arrested, assaulted, made to feel inferior or that they had broken "some law", jailed etc. A public official such as Wanker should be held accountable for dictating actions that are unlawful. The Capitol Police need to share in the responsibility legally as well. IMHO some of them should spend time in the clink/locked up for the way they treated those who care about justice! They participated in fascist behaviors while living in a democracy!!

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Scuba (Original post)

Fri Oct 11, 2013, 12:01 PM

5. This is great news. Seems like it should be cross-posted to GD

It is national news

Reply to this post

Back to top Alert abuse Link here Permalink

Reply to this thread