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Free speech zone
In the United States, free speech zones (also known as First Amendment zones, free speech cages, and protest zones) are areas set aside in public places for the purpose of political protesting. The First Amendment to the United States Constitution states that "Congress shall make no law ... abridging ... the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." The existence of free speech zones is based on U.S. court decisions stipulating that the government may reasonably regulate the time, place, and manner – but not content – of expression.
The Supreme Court has developed a four-part analysis to evaluate the constitutionality of time, place and manner (TPM) restrictions. To pass muster under the First Amendment, TPM restrictions must be neutral with respect to content, be narrowly drawn, serve a significant government interest, and leave open alternative channels of communication. Application of this four-part analysis varies with the circumstances of each case, and typically requires lower standards for the restriction of obscenity and fighting words.[citation needed] Academics have suggested that free speech zones have become a part of a broader strategy to regulate public expression, using the context of safety and security. Many feel these TPM restrictions have allowed limitations on expression of speech on accounts of maintaining a neutral perspective. Some studies even show that variations in the application of TPM restrictions highlight a difference in visibility of protests and demonstrations (Chamlee-Wright 2018).
Free speech zones have been used at a variety of political gatherings. The stated purpose of free speech zones is to protect the safety of those attending the political gathering, or for the safety of the protesters themselves. Critics, however, suggest that such zones are "Orwellian", and that authorities use them in a heavy-handed manner to censor protesters by putting them literally out of sight of the mass media, hence the public, as well as visiting dignitaries. Though authorities generally deny specifically targeting protesters, on a number of occasions, these denials have been contradicted by subsequent court testimony. The American Civil Liberties Union (ACLU) has filed, with various degrees of success and failure, a number of lawsuits on the issue.
Although free speech zones existed prior to the presidency of George W. Bush, it was during Bush's presidency that their scope was greatly expanded. These zones continued through the presidency of Barack Obama, who signed a bill in 2012 that expanded the power of the Secret Service to restrict speech and make arrests. Many colleges and universities earlier instituted free-speech-zone rules during the Vietnam-era protests of the 1960s and 1970s. In recent years, a number of them have revised or removed these restrictions following student protests and lawsuits, while generating debates amongst policymakers, academics, and even courts on the constitutionality and impact on discourse.[citation needed]
During the 1988 Democratic National Convention, the city of Atlanta set up a "designated protest zone" so the convention would not be disrupted. A pro-choice demonstrator opposing an Operation Rescue group said Atlanta Mayor Andrew Young "put us in a free-speech cage." "Protest zones" were used during the 1992 and 1996 United States presidential nominating conventions.
Free speech zones have been used for non-political purposes. Through 1990s, the San Francisco International Airport played host to a steady stream of religious groups (Hare Krishnas in particular), preachers, and beggars. The city considered whether this public transportation hub was required to host free speech, and to what extent. As a compromise, two "free speech booths" were installed in the South Terminal, and groups wishing to speak but not having direct business at the airport were directed there. These booths still exist, although permits are required to access the booths.
WTO Ministerial Conference of 1999 protest activity saw a number of changes to how law enforcement deals with protest activities. "The [National Lawyers] Guild, which has a 35-year history of monitoring First Amendment activity, has witnessed a notable change in police treatment of political protesters since the November 1999 World Trade Organization meeting in Seattle. At subsequent gatherings in Washington, D.C., Detroit, Philadelphia, Los Angeles, Miami, Chicago, and Portland a pattern of behavior that stifles First Amendment rights has emerged". In a subsequent lawsuit, the United States Court of Appeals for the Ninth Circuit found that "It was lawful for the city of Seattle to deem part of downtown off-limits ... But the court also said that police enforcing the rule may have gone too far by targeting only those opposed to the WTO, in violation of their First Amendment rights."
When then-President George W Bush came to Pittsburgh, Pennsylvania, on Labor Day, 2002, for a speech, the local police, acting on the request of the Secret Service, erected chain-link fence on a baseball field a third of a mile from the speech site, and proclaimed it a "designated free-speech zone."
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Free speech zone
In the United States, free speech zones (also known as First Amendment zones, free speech cages, and protest zones) are areas set aside in public places for the purpose of political protesting. The First Amendment to the United States Constitution states that "Congress shall make no law ... abridging ... the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." The existence of free speech zones is based on U.S. court decisions stipulating that the government may reasonably regulate the time, place, and manner – but not content – of expression.
The Supreme Court has developed a four-part analysis to evaluate the constitutionality of time, place and manner (TPM) restrictions. To pass muster under the First Amendment, TPM restrictions must be neutral with respect to content, be narrowly drawn, serve a significant government interest, and leave open alternative channels of communication. Application of this four-part analysis varies with the circumstances of each case, and typically requires lower standards for the restriction of obscenity and fighting words.[citation needed] Academics have suggested that free speech zones have become a part of a broader strategy to regulate public expression, using the context of safety and security. Many feel these TPM restrictions have allowed limitations on expression of speech on accounts of maintaining a neutral perspective. Some studies even show that variations in the application of TPM restrictions highlight a difference in visibility of protests and demonstrations (Chamlee-Wright 2018).
Free speech zones have been used at a variety of political gatherings. The stated purpose of free speech zones is to protect the safety of those attending the political gathering, or for the safety of the protesters themselves. Critics, however, suggest that such zones are "Orwellian", and that authorities use them in a heavy-handed manner to censor protesters by putting them literally out of sight of the mass media, hence the public, as well as visiting dignitaries. Though authorities generally deny specifically targeting protesters, on a number of occasions, these denials have been contradicted by subsequent court testimony. The American Civil Liberties Union (ACLU) has filed, with various degrees of success and failure, a number of lawsuits on the issue.
Although free speech zones existed prior to the presidency of George W. Bush, it was during Bush's presidency that their scope was greatly expanded. These zones continued through the presidency of Barack Obama, who signed a bill in 2012 that expanded the power of the Secret Service to restrict speech and make arrests. Many colleges and universities earlier instituted free-speech-zone rules during the Vietnam-era protests of the 1960s and 1970s. In recent years, a number of them have revised or removed these restrictions following student protests and lawsuits, while generating debates amongst policymakers, academics, and even courts on the constitutionality and impact on discourse.[citation needed]
During the 1988 Democratic National Convention, the city of Atlanta set up a "designated protest zone" so the convention would not be disrupted. A pro-choice demonstrator opposing an Operation Rescue group said Atlanta Mayor Andrew Young "put us in a free-speech cage." "Protest zones" were used during the 1992 and 1996 United States presidential nominating conventions.
Free speech zones have been used for non-political purposes. Through 1990s, the San Francisco International Airport played host to a steady stream of religious groups (Hare Krishnas in particular), preachers, and beggars. The city considered whether this public transportation hub was required to host free speech, and to what extent. As a compromise, two "free speech booths" were installed in the South Terminal, and groups wishing to speak but not having direct business at the airport were directed there. These booths still exist, although permits are required to access the booths.
WTO Ministerial Conference of 1999 protest activity saw a number of changes to how law enforcement deals with protest activities. "The [National Lawyers] Guild, which has a 35-year history of monitoring First Amendment activity, has witnessed a notable change in police treatment of political protesters since the November 1999 World Trade Organization meeting in Seattle. At subsequent gatherings in Washington, D.C., Detroit, Philadelphia, Los Angeles, Miami, Chicago, and Portland a pattern of behavior that stifles First Amendment rights has emerged". In a subsequent lawsuit, the United States Court of Appeals for the Ninth Circuit found that "It was lawful for the city of Seattle to deem part of downtown off-limits ... But the court also said that police enforcing the rule may have gone too far by targeting only those opposed to the WTO, in violation of their First Amendment rights."
When then-President George W Bush came to Pittsburgh, Pennsylvania, on Labor Day, 2002, for a speech, the local police, acting on the request of the Secret Service, erected chain-link fence on a baseball field a third of a mile from the speech site, and proclaimed it a "designated free-speech zone."