Saturday, December 24, 2011

Immanent lawless action

DC Park regulations provide a permit may be denied if
"(g)(4)(iii)(B) It reasonably appears that the proposed demonstration or special event will present a clear and present danger to the public safety, good order, or health".
If that is the condition for denial of a demonstration, should that not also be the condition for the break up of a demonstration in progress?

In contrast to that test, demonstrations are routinely broken up when there is no such danger.

Monday, December 12, 2011

The free discussion of governmental affairs

Gathering information about government officials in a form that can readily be disseminated to others serves a cardinal First Amendment interest in protecting and promoting “the free discussion of governmental affairs.” Mills v. Alabama, 384 U.S. 214, 218 (1966). Moreover, as the Court has noted, “[f]reedom of expression has particular significance with respect to government because ‘[i]t is here that the state has a special incentive to repress opposition and often wields a more effective power of suppression.’”
Glick on videotaping.