ALBUQUERQUE, N.M.—A federal appeals court tossed out a First Amendment lawsuit filed by residents protesting the Iraq War during a 2007 New Mexico visit by then-President George W. Bush.
The 10th U.S. Circuit Court of Appeals in Denver ordered that the lawsuit against a U.S. Secret Service agent and two Bernalillo County Sheriff’s deputies be thrown out, saying the agents did not personally discriminate against the protesters.
The lawsuit stems from a Bush visit to Los Ranchos de Albuquerque Mayor Larry Abraham’s house in August 2007 to help raise money for then-U.S. Sen. Pete Domenici, a Republican.
Protesters filed a lawsuit after the event and claimed that Secret Service Special Agent Kerry Sheehan, Bernalillo County Sheriff’s Office Lt. Matthew Thomas and Sgt. Edward Mims violated the anti-Bush protesters’ free speech rights by keeping them farther away from Bush’s motorcade route than the Bush supporters.
Authorities kept around 70 anti-Bush protesters more than 150 yards away from Abraham’s house, but allowed a smaller group of Bush supporters to wave flags and cheer across the street from the home.
But 10th Circuit Judge Jerome Holmes wrote that the law enforcement agents acting in their official capacity did nothing wrong. “The First Amendment does not impose upon public officials an affirmative duty to ensure a balanced presentation of competing viewpoint,” he wrote.
ACLU New Mexico Director Peter Simonson said he was disappointed with the ruling.
