Thursday, July 4, 2013

Analysis of the June 26th arrest

take 2.1, with footnotes
== General References
Google Maps view of the White House Sidewalk and and of the Center Zone
== Annotations, with @timestamp
@00:30 36CFR7.96 as of 2010, formatted. Subsection (g.5.vii) is the Center Zone text
@01:45 09/11 didn't change everything: 36CFR7.96. Was it too quaint?
@03:00 See the June 26th video @01:00 for the announcement that the sidewalk was closed.
@04:30 People act surprised on the June 26 video. Something happening at the curb?
@05:30 Why should a judge not require somewhat reliable evidence?
@07:15 Or cordon off to collect evidence, or aid a victim...
@08:00 Photo after closure of sidewalk
@08:10 The Mary Grace exception
@11:00 Here is the deal with the First Amendment. Why all that in one amendment anyway?
@13:00 What is a traditional public forum?
@13:45 The White House sidewalk is a traditional public forum.
@18:40 Example of discriminatory enforcement, against protected speech.
@19:50 Build a viewing platform, rather than trample on the First Amendment.
@21:30 regulations aimed at self supporting signs.
@22:00 Regulating t-shirts: Fed Register, Volume 75. page 64149 and ff
@25:00 History of pointless enforcement
@25:45 Strict scrutiny

take 1

@08:50 Strict scrutiny of restrictions to the content of speech (press), and as to time place and manner for speech and assembly.
@13:00 Demonstrations provide valuable feedback.
@14:15 A deference to be given to police, like referees.
@14:45 But certain places are assumed to be ok, are, traditionally, public forums.
@20:00 First come, first served. If the demonstrator is facing the fountain, he's ok.
@21:00 Find a solution that satisfies both demonstrator and tourist, or try to.

1 comment:

  1. This is great. I'm wondering if a pictorial of some sort might not be helpful in explaining further the sidewalks and people and what was the essential (alleged) violation. But thank you, Martin, for taking the time to a) going to protest, and, b) getting arrested, and, c) following up with these revealing posts.