The First Amendment is marching into Denver in virtual full force next month.
Free speech is the vanguard, followed quickly by the right to peaceably assemble. Next is the right to petition the government for redress of grievances. And in the fourth spot is the press, watching and reporting on it all.
The key to a successful Democratic National Convention — aside from what’s happening inside the Pepsi Center and at Invesco Field — will be striking the proper balance between protecting the rights of tens of thousands of protesters set to descend on the city and maintaining public safety.
Law enforcement and city officials want to limit what protesters can carry as well as dictate where they can stand or march. Earlier this week, we learned of plans by Denver police to prohibit demonstrators from wearing bulletproof vests or carrying materials such as weighted pipes and chains.
We value the careful thought and expertise of law enforcement officials and safety experts. And we’re glad that metro area police already are training for crowd control and protection of delegates and candidates. We expect that.
And while we expect most protesters will be peaceful, there’s always a chance of a few getting out of control.
But what must not happen is controlling protesters to such an extent that their free speech and assembly rights are infringed.
Who’s going to monitor who is carrying what, or check who might be wearing a flak jacket? Isn’t there a better use of law enforcement resources?
We also are concerned about the chain-linked spot at the Pepsi Center, the only place protesters will be allowed to stand at that site. We hope it’s not reminiscent of the 2004 DNC “Boston Cage,” a barbed-wire and fenced containment area which convention officials said would never be replicated.
Next week, there’s a hearing before the City Council Safety Committee to review the Denver Police proposal. And on July 29, there will be a trial in U.S. District Court to hear the ACLU’s grievance over the fenced “free speech zone” at the Pepsi Center.
Public safety, of course, will play a part in how these two hearings are resolved. As the old quote goes, you have a right to free speech, but you can’t falsely yell “fire” in a crowded theater.
However, the principles behind the First Amendment must always be at the forefront of these discussions.
To usurp America’s fundamental basics because of fear of possibilities simply undermines what the Founders believed was a key element to the strength in creating this country.
Protesters, marchers and the public must be given the freedom to express themselves during the convention.
To strictly limit access and place Draconian controls on any of these groups is unacceptable.
