- ACLU news
- December 28, 2011
Challenges In Supporting Free Speech and the Occupy Movement
by ACLU of Iowa
The Occupy movement in Iowa has posed challenges for supporters and opponents alike, especially in Des Moines and Iowa City. ACLU state offices across the country have wrestled with how much to be involved with the protests, which carry a general message of anger at Wall Street and overall economic inequity.
Traditionally, the ACLU has wholeheartedly supported civil disobedience of unjust and unconstitutional laws. But the “occupiers” require special consideration because they are not breaking laws related to their message—those on finance or banking–but instead are challenging laws about public spaces and safety.
Regardless, the ACLU of Iowa is doing its part to make sure that, within the law, this form of free speech is supported. We have been working with Occupy protestors, providing legal advice to “occupiers” and providing them with written information on their legal rights.
The situation in Iowa and elsewhere is about to become more challenging. Local protestors are increasingly pressed to choose between staying warm and obeying city regulations on electrical usage, fire codes, and public health issues. Moreover, “occupiers” from around the country have been invited to come here during the Iowa caucuses.
The ACLU, as much as any organization, understands that political discourse and energy are essential to a healthy democracy. We will continue to do what it can to this cornerstone of freedom—no matter what the message and no matter how long the protestors press to make their message known.
"... I'm just 15, but I already has a passion for civil rights. I have two lesbian moms, but I didn’t start caring about civil rights until this school year. I like to think my passion for equality is shared by all ACLU members."
2 Comments
I have often wondered about the right of free speech when it concerns a place or a space that is “public” . My concerns are mainly about the business of creating “Free speech zones” so as to be able to say one has free speech so long as one goes to a place designated for such activity and not places that become bothersome for law enforcement or others who don’t want to be bothered with protests. My understanding is there is no place for regulation of free speech if speech is indeed free. Especially in public spaces . I, for one, believe any inalienable right granted by the constitution and Bill of Rights, supersedes any ordinance especially directed at people who occupy any public place with the intention of protesting. Our revolution and the protests done during the revolution were manifestations of those rights; two hundred years later it seems obvious the presumption of free speech means it must be free, and accorded a higher status than ordinances against trespass, hours, or anything else to restrain free speech rights.
Obviously we at the at the ACLU are all about free speech in all its many forms, Steve. We’ve been working with and advising the Occupy movement in Des Moines and Iowa City to make sure all legal avenues of free speech are open to them.
And yeah, the notion of “free speech zones” is troubling, isn’t it? My personal concern (as an individual) is the “free speech zones” at our state universities, like the ones at Iowa State University. Of all places where open speech should not be caged into special, controlled niches.
–Veronica Fowler