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.

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