Inspired by Trump, new Arizona law redefines free speech
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In a Phoenix聽suburb in March, protesters parked about two-dozen cars in the middle of the highway聽to stop聽drivers on their way聽to聽an outdoor rally for Donald Trump and聽Joe聽Arpaio, the controversial Arizona sheriff.
With posters that read "Dump Trump" and "Must Stop Trump,"聽the protesters, in one sense,聽acted on their right聽to demonstrate against the Republican frontrunner and the聽sheriff who was . 聽
But聽Arizona Gov. Doug聽Ducey (R) saw it聽differently: The demonstrators聽prevented Trump supporters聽from聽expressing their political views.听听
Inspired by this event, Governor Ducey聽signed a measure into law Monday that increases聽penalties on protesters who聽.听听
"That hopefully will create a deterrent for people intruding on others' abilities," said聽Daniel聽Scarpinato, a gubernatorial spokesman.聽"There's a balance here of everyone getting their voice heard."听听
"If someone is physically preventing someone from participating in exercising their constitutional rights, that is unacceptable,"聽said Mr. Scarpinato.听听
In the wake of Occupy Wall Street, Black Lives Matter, and the Trump campaign's orders to remove protesters from its聽rallies, the Arizona law聽could further complicate this聽conflict between competing free speech rights: A protesters' right to demonstrate vs. how they demonstrate聽can prevent聽others聽from expressing聽their views.听听
The measure聽Ducey聽signed is made up of two laws. One聽聽for anyone聽found to have intentionally blocked聽traffic for聽access to a political聽campaign聽event or government meeting or hearing to a six-month jail sentence, according the Associated Press.聽The other law prevents state universities and community colleges from limiting where free speech can be exercised, which directly affects聽a lawsuit against Paradise Valley Community College in Phoenix.聽Alliance Defending Freedom, a 海角大神 organization that聽aims to聽protects free speech,聽聽from having an informational table聽in a "free speech" zone on campus.听听
Although聽Ducey聽and the one of the two聽bill's聽sponsors celebrated the laws, not聽everyone聽in the state legislature was happy聽about聽it.听听聽
"To stop somebody from going to a political rally to hear a candidate is not furthering the First Amendment,''聽said Steve Farley, a Democratic senator. "It is suppressing that person's First Amendment right to assembly.''聽
The First Amendment聽does restrict聽violence. Yet, questions around whether incitements of聽violence, trespassing, and obstructing others from expressing their聽own, constitute violence or actual restrictions on speech. 聽
In the聽Occupy聽Wall Street movement, for instance, Mayor Michael Bloomberg聽ordered New York City police聽to clear聽protesters' encampment at聽Zuccotti聽Park because, he said, it聽become a "fire and health hazard."听听聽
In an interview with聽ProPublica聽shortly after the incident,聽Geoffrey Stone, a聽constitutional law professor at the University of Chicago,聽听听
"Government can make reasonable stipulations about the time, place and manner a peaceable protest can take place, as long as those restrictions are applied in a content-neutral way," he said.聽"Things like noise, blockage of ordinary uses of the place, blockage of traffic and destruction of property allow the government to regulate speakers."聽
These restrictions apply to all public spaces, he said.听听
In the year after the Occupy Wall Street movement, President Obama signed into a law an act聽that further provides government the right to restrict protesters. The Federal Restricted Buildings and Grounds Improvement Acts is an update to a law聽that聽聽the president, vice president, or any others under the protection of the Secret Service, Slate reported shortly after the passage of the law in 2012. Under the act, restricted areas聽聽large public events like the Super Bowl and the聽party聽conventions, according to the American Civil Liberties Union. Some said the passage of the law was minor, while others said it gave prosecutors the right go after any protester who knew they entered a restricted area, but didn't realize their actions were illegal.听听
Private property makes things trickier聽because owners can constitutionally call the police to remove someone for trespassing. At his聽rallies, Trump has called for removal of protestors because they are private events.听听
In an聽interview with The Huffington Post three days before the Arizona protest, Stone said Trump can ask police to remove from his rallies anyone who opposes his candidacy.聽But its' debatable whether Trump can forcibly remove those who oppose his political views聽, said Stone.听听
In a聽聽on The New York Times website, Jay Levine, of Richmond Virginia, weighed in.听听
"Where does it say someone has a right to disrupt a private event?" wrote Levine. "If Trump holds his rallies in public venues, then fine, he has to face the public. However if he pays for a private venue and the participants are there by invitation, then no, people do not have a 'right' to protest inside the venue."听听
"They of course can protest outside the venue all they want," he added. 聽