Free Speech Zone - History

History

During the 1988 Democratic National Convention, the city of Atlanta, Georgia 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 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."

Free speech zones were used in Boston at the 2004 Democratic National Convention. The free speech zones organized by the authorities in Boston were boxed in by concrete walls, invisible to the FleetCenter where the convention was held and criticized harshly as a "protest pen" or "Boston's Camp X-Ray". "Some protesters for a short time Monday converted the zone into a mock prison camp by donning hoods and marching in the cage with their hands behind their backs." A coalition of groups protesting the Iraq War challenged the planned protest zones. U.S. District Court Judge Douglas Woodlock was sympathetic to their request: "One cannot conceive of what other design elements could be put into a space to create a more symbolic affront to the role of free expression.". However, he ultimately rejected the petition to move the protest zones closer to the FleetCenter.

Free speech zones were also used in New York City at the 2004 Republican National Convention. According to Mike McGuire, a columnist for the online anti-war magazine Nonviolent Activist, "The policing of the protests during the 2004 Republican National Convention represent another interesting model of repression. The NYPD tracked every planned action and set up traps. As marches began, police would emerge from their hiding places — building vestibules, parking garages, or vans — and corral the dissenters with orange netting that read 'POLICE LINE – DO not CROSS,' establishing areas they ironically called 'ad-hoc free speech zones.' One by one, protesters were arrested and detained—some for nearly two days." Both the Democratic and Republican National parties were jointly awarded a 2005 Jefferson Muzzle from the Thomas Jefferson Center for the Protection of Free Expression, "For their mutual failure to make the preservation of First Amendment freedoms a priority during the last Presidential election".

Free speech zones were commonly used by President George W. Bush after the September 11 attacks and through the 2004 election. Free speech zones were set up by the Secret Service, who scouted locations where the U.S. president was scheduled to speak, or pass through. Officials targeted those who carried anti-Bush signs and escorted them to the free speech zones prior to and during the event. Reporters were often barred by local officials from displaying these protesters on camera or speaking to them within the zone. Protesters who refused to go to the free speech zone were often arrested and charged with trespassing, disorderly conduct and/or resisting arrest. A seldom-used federal law making it unlawful to "willfully and knowingly to enter or remain in ... any posted, cordoned off, or otherwise restricted area of a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting" has also been invoked.