Gavin Newsom Banning Permits For Protests In California
Constitutional rights are not suspended in times of crisis or when it is expedient.
On April 22nd, the California Highway Patrol said it won’t issue permits for further demonstrations on state property anywhere in California. CHP officials said until health officials decide it’s safe for people to gather in large groups, the ban will remain in place.
CHP Officer John Ortega told The San Francisco Chronicle, “In the interest of public safety and the health of all Californians during the COVID-19 pandemic, effective immediately the California Highway Patrol will deny any permit requests for events or activities at all state facilities, to include the state Capitol, until public health officials have determined it is safe to gather again.”
In response, an advocacy organization named Protect Democracy, delivered a letter to Governor Newsom arguing that the California Highway Patrol ban on protests is unconstitutional. Even though the goal of the ban is stopping the spread of the novel coronavirus, the letter, written by fifteen prominent attorneys, including Floyd Abrams, Lyrissa Lidsky, and Laurence Tribe, argues “traditional public forums” for speech cannot easily be closed indefinitely to California protesters. California’s power to regulate activities during a pandemic might be greater than under normal circumstances; a complete ban is clearly illegal.
The group states that constitutionally, restrictions on the rights of free speech and assembly must be “narrowly tailored.” This ban isn’t. The group suggested how California authorities should consider tailoring the state’s “legitimate interest in protecting public health” with the rights of citizens to exercise their First Amendment freedoms in areas such as the grounds of the state capitol.
We do not doubt that CHP’s ban on protests is well-intentioned and meant to protect Californians’ health. And states are certainly empowered to protect the health and safety of their residents.
But constitutional rights are not suspended in times of crisis or when it is expedient. Even the grave public health risks posed by the coronavirus pandemic do not justify CHP’s wholesale and indefinite ban on individuals’ exercise of their First Amendment right to peaceably protest at the state capitol and other state facilities. We urge CHP to either eliminate or revise its current ban so that it comports with the Constitution.
They also state:
The letter includes a series of recommendations aimed at bringing CHP’s policy into constitutional compliance, including issuing a written policy on any limitations on protests, defining the ban’s duration, tailoring the ban to enable protests that meet social distancing guidelines, and exempting in-car protests.
It’s an intriguing read for anyone interested in the power of the state and civil liberties.
Read the letter HERE.
Something Interesting:
My girlfriend and I watched this last week. After seeing it, I want to do more research in to Argentinian history and find out what really happened in 1976.
I love learning the back story of someone’s life and how they became the person they are today. I don’t know what the real Pope Francis is like, but he seems like a good person. I know he likes scotch so he’s cool with me!
This is a movie worthy of your time.
Clayton Craddock is an independent thinker, father of two beautiful children in New York City. He is the drummer of the hit broadway musical Ain’t Too Proud. He earned a Bachelor of Business Administration from Howard University’s School of Business and is a 25 year veteran of the fast paced New York City music scene. He has played drums in a number of hit broadway and off-broadway musicals including “Tick, tick…BOOM!, Altar Boyz, Memphis The Musical and Lady Day At Emerson’s Bar and Grill. In addition, Clayton has worked on: Footloose, Motown, The Color Purple, Rent, Little Shop of Horrors, Evita, Cats, and Avenue Q.
Holy crap! This is bad. I mean, I knew it was bad but this letter better have the intended effect. No one has the ability to suspend the constitution. No one at all. The constitution is just a document that outlines our natural rights as human beings. The government has taken too much power, piece by piece, over the years, in the name of “safety,” and in the process has destroyed our natural rights. They have instilled fear and dependence for their own power and greed. I am sick of this oligarchy. And this is the time people should be rising up and saying NO MORE! While the government destroys livelihoods, families, the poor. Divides us. They laugh. Toss us checks printed from thin air that will cost our children and grandchildren thousands upon thousands of dollars. And yet we sit, complacent.