By now, you’ve certainly heard of the outrageous 9-hour detention of Guardian journalist Glenn Greenwald’s partner David Miranda at Heathrow Airport under Great Britain’s supposed “Terrorism Act” over the weekend. As Rachel Maddow amazingly, but justifiably, found it necessary to point out loudly last night, “journalism is not terrorism”, and both the British government and U.S. government (which has admitted receiving a “heads-up” about the planned detention by British authorities in advance, but didn’t stop it from happening) should be ashamed of themselves and held accountable for the outrage.
Many have opined, since the detention of Miranda, what an outrage something like that would have been had a similar harassment and the seizure of personal property of, say, a New York Times journalist doing his or her job, occurred in this country or by a country so closely allied with the U.S.
Well, before we took our short break last week, I had been covering some of the increasing citizen protests in several states around the U.S. in reaction to the extreme and radical Republican policies being put in place by states where the GOP has recently taken control of state government. I covered the ensuing arrests of an 83-year old Korean War vet peacefully demonstrating for voting rights in NC (as he did with MLK in Selma, AL in 1965) and of an 80- and 85-year old couple in WI arrested in a crackdown by Republican Gov. Scott Walker’s Capitol Police for participating in a daily protest sing along in the state capitol building.
While I was gone, it seems, things have gotten worse in Wisconsin, as an elected official was also arrested for singing along, and even the editor of a progressive news magazine was arrested for having attempted to record it…
From John Nichols at The Nation who, comparing the WI crackdown to President John Adams’ ill-conceived arrest of dissenters (which earned him the disdain of his own Vice-President Thomas Jefferson and removal from office two years later), charges that Walker, a GOP Presidential hopeful, is now going “All 1798” on those demonstrating against his radical policies at the capitol building in Madison…
First, an elected official, Madison Alder Mark Clear, the former president of the city council, was arrested for joining in the singing of “This Land Is Your Land.”
Then, just a few minutes later, Progressive magazine editor Matt Rothschild was detained when he attempted to record what was happening. Rothschild informed the arresting officers that he was a journalist and that he had every right to cover the story.
Clear and his fellow singers can point to a US Constitution that guarantees that Americans may assemble and petition for the redress of grievances””and to a Wisconsin Constitution that is even more explicit, declaring, “The right of the people peaceably to assemble, to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.”
Rothschild can point to a US Constitution that guards against any abridging of the freedom of the press””and to a Wisconsin Constitution that is even more explicit, declaring that “no laws shall be passed to restrain or abridge the liberty of speech or of the press.”
While many are justifiably infuriated about the detention of journalist Greenwald’s partner, who was held under British “terrorism” laws for nine hours while on journalistic duties paid for by the UK’s Guardian, much of the same thing seems to be going on in states around our own country to much less notice. In this case, it was a journalist simply doing his work of covering peaceful, supposedly Constitutionally-protected demonstrations inside the rotunda of a state capitol building and the ensuing crackdown on that activity by state police against those, including an elected official, daring to take part in that demonstration.
This is not meant to downplay the outrage of what happened to Greenwald’s Brazilian partner Miranda in Great Britain and our own government’s at least acquiescence, if not full complicity, in it. This is meant to say that much the same thing — or disturbingly close to it — is already happening right under our collective noses in our own country by state and local authorities who seem to have little concern for the First Amendment rights of citizens petitioning their government for redress of grievances and of the media’s right to freely report on it.
Also disturbing is the seeming lack of concern that those authorities seem to display that they will ever be held accountable, in any substantial way, for their outrageously unconstitutional actions.
We area already a nation at war with ourselves. Al-Qaeda couldn’t have asked for anything more.
Hello Brad Friedman,
It is not hard to imagine where this is going. When all forms of peaceful protest are removed from the people then the only way to protest is going to be bloody. The teatards/rethugs will say see we saw the need for the militarized police to protect us but the militarized police was formed after the citizenry got violent but just the opposite occurred. The militarized police and the leaders of the government made the situation intolerable to the citizenry by allowing no peaceful forms of protest. This will play out throughout the US and other countries around the world. The low sloped, reptilian brained will bring about a worldwide conflagration sometime in the future. It won’t be pretty.
Kenneth Fingeret,
Yep.
Foreplay for the masochists who are in power.
When we get together to develop a strategy in response, in order to save our beloved nation, they are listening.
Cops and firefighters joined with the protestors.
Brian Austin, a Madison Police Officer told the Wisconsin State Journal that, for him, the arrest of the journalist provided “the last straw.”
Ted Higgins, a firefighter, was amongst those arrested.
And in the UK, its much worse than a simple, temporary detention of David Miranda at Heathrow.
From Democracy Now!:
The paper agreed to destroy its hard drives because, according to The Guardian’s editor, Alan Rusbridger, its reporters can continue their work abroad.
One thing to bear in mind about the Scott Walker-David Erwin (a Walker lackey) move (under “emergency” rules) against citizens is that veterans, journalists, the elderly and literally 100s more are being arrested right outside the offices of Democratic Party representatives and senators who (with notable exceptions) are doing precisely nothing. So, we have the daily site of 100s of Democratic aides and elected officials not bothering to issue even a press release against Walker and Erwin. I wonder if the Wisconsin Democratic Party understands the historical significance of the word, “bystander” and “collaboration.” One of the Wisconsin Democratic Party rah-rah blogs says Democratic reps and aides doing nothing is fine. This mindset is precisely why Wisconsin has a Scott Walker as governor.
The Miranda Rights have now been redefined: if your actions in any way embarass the Government they have the right to harrass you.
On July 8, 2013, U.S. District Court Judge William M. Conley issued a preliminary injunction [PDF] in Kissick v. Huebsch. That injunction prevents Capitol Police from arresting anyone taking part in a sing along if the total number in the group is less than 20.
Capitol Police are effectuating arrests only where 20 or more are gathered for a Sing Along without a permit.
So, those participating in the sing alongs can avoid arrest by insuring that their numbers do not reach twenty. Perhaps they should consider bringing a sign with them into the Rotunda that reads, “No more than 19 singers allowed at any one time.” If Capitol Police declare an unlawful assembly, that should place participants on notice that they’ve exceeded the appropriate number — time to break it up, meet outside and then send the correct number back inside.
There is another form of protest that could be utilized. It is based on a poignant First Amendment case, Cohen v. California (1971).
As recited by the Supreme Court:
The Court ruled that this silent, non-distruptive form of protest was protected speech. It overturned his disturbing the peace conviction.
As I read Judge Conley’s ruling, groups of less than 20 protestors could don “Fuck Walker” jackets and quietly march through the Rotunda; then leave before the next group enters.
Attorney Canning’s reference to the broad deference given to First Amendment’s protection of political speech is well-taken. Another good cite would be Brandenburg.
However, in this case, Kissick v. Huebsch, Justice Conley is also specific that no specific content-specific speech may be targeted, which is precisely what is happening.
Witness the arrest of Matt Rothschild, other journalists, and intimidation of people for “spectating,” as the capitol cops warned people, and even this cretins were forced to back down from this targeting. Is this not a targeted police action against specific political expression”
Your statement, “Capitol Police are effectuating arrests only where 20 or more are gathered for a Sing Along without a permit” is not in accordance with the facts of arrests. See the throwing down to the ground of Arthur Kohl-Riggs.
The arrests of others for asking a question of a capitol police officer.
This whole regime is a project to stifle and chill specific political speech and activity, non-GOP activity namely.
This is an easy case to make, and Judge Conley would likely rule in favor.
I do like your idea from Cohen, as well.
Thanks for your observations @8, Mal.
My observation that the Capitol Police are only effectuating arrests where there are 20 or more in a group comes from a posting by the Director of the WI ACLU.
If it can be shown that the Capitol Police are doing so when the numbers are less than 20, the ACLU would be in a position to file a motion that the Capitol Police be held in contempt of court.
Good point on contempt of Court.
By the way, check out this new video by Arthur Kohl-Riggs; watch and tell me this is not targeting specific political speech:
Disgusting – seriously makes me fucking sick:
http://www.youtube.com/watch?v=8ZTJ2YJXocY#t=51
Scott Walker remembers creating jobs as assemblyman in Wisconsin . It was easy with ALEC. 32000 UNION public sector jobs. It is not as easy this time with out using your tax dollars. Scott Walker has created ALL Wisconsin`s budget problems working for ALEC. In 1997 Walker and Prosser as state assemblymen championed for ALEC with truth in sentencing telling the legislatures it would not cost a dime it was to give judges not parole boards the control over sentencing. Then Walker filibustered to stop sentencing changes after the fact misleading ALL the legislatures. With out the sentencing changes Wisconsin`s prisons quadrupled over night. Most people sentenced to 2 years now had to serve as much as 6o years. As the Wisconsin Budget watch Blog shows . Stopping just a percentage of these long sentences Wisconsin would save 707 million per year. Wisconsin could have free tuition colleges. It shows Wisconsin has wasted 200 billion if you add the numbers to the state budget since 1997. Not including the building new or remodeling of 71 courthouses & 71 county jails & 273 police stations and dozens of prisons 28 billion plus interest. The total is over 70 BILLION plus the 100 Billion spent by social services to support prisoners families because the bread winner was a political prisoner as US Att gen Eric Holder explained. Then farming out prisoners in several states until the courts realized it was not allowed in the Wisconsin constitution. Wisconsin then hired 32000 union public sector workers to fill the jobs housing the prisoners from deputies , judges, district attorneys all owe Walker for creating there jobs. 32000 UNION PUBLIC SECTOR JOBS. This cost taxpayers over 3.8 billion or a half million per day to house these EXTRA prisoners per day in Milwaukee county alone. Wisconsin claims it has 24,000 prisoners compared to Minnesota`s 5500. Wisconsin`s corrections population is 104,000 with over 28,000 prisons in Milwaukee county alone . In 1995 Milwakee county had less than 1000 prisoners . Is Scott Walker moving Wisconsin forward ? This your reason for budget problems in Wisconsin. Big spender big government Scott Walker. Why does he not work for the people he is taking his check from the people ?
Wisconsin Budget watch blog has a great article on this.
392 NUNS signed Walkers recall petitions for reason. They are True Christians.