How is this not a direct violation of the first amendment? An arrest for a t-shirt? Where is the camous snowflakes killed free speech crowd on this?https://twitter.com/donmoyn/status/1274385086356631554 …
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Replying to @zeynep
Refusal to leave a private event (like a political rally) after notice from the organizer is arrestable trespass, regardless of their reasons for excluding you. https://www.aclu.org/blog/free-speech/it-okay-kick-people-out-campaign-rallies-depends … Harder Q: is the place where she was arrested considered public or part of the rally?
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She was sitting at the intersection of 4th St and Cheyenne Ave, two blocks from the venue. Can a political rally mean that a large swath of public streets temporarily becomes off-limits to First Amendment activity?pic.twitter.com/ezj8EDN4J5
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Replying to @RyanRadia @zeynep
A lot of the caselaw here comes from protests at Pride festivals held on public property: Starzell upheld arrests: https://scholar.google.com/scholar_case?case=11684954533416119166 … But the Twin Cities Pride cases allowed protesters in: https://scholar.google.com/scholar_case?case=14284595767562965674 … https://scholar.google.com/scholar_case?case=7289174348891451608 … Fact-laden cases, complex doctrine.
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Thanks. Very interesting. Under Starzell, she could be removed if she was disrupting permit-holders' speech. And Sistrunk held that a campaign rally in a park can exclude protesters who interfere with the collective message of the rally. https://scholar.google.com/scholar_case?case=7792231210084933083&hl=en&as_sdt=6,47 ….
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But Parks says that a non-disruptive person expressing a message contrary to permit holder's views cannot be excluded when the person isn't interfering with permit holder's ability to select the message it expresses. https://scholar.google.com/scholar_case?case=18408932376605776357&hl=en&as_sdt=6,47 …
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Replying to @RyanRadia
There are a bunch more cases, including many from Bush II/Iraq War protests. But I wasn’t reading them for this issue when I did this research, so I don’t want to overclaim definite knowledge here.
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I wonder if this one will be litigated.
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Odds are it won't be challenged.
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