Criminalizing Free Speech: Is This What Democracy Looks Like?

Criminalizing Free Speech: Is This What Democracy Looks Like?

By John W. Whitehead

March 05, 2012

Congress shall make no law abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.First Amendment to the U.S. Constitution

One of the key ingredients in a democracy is the right to freely speak our minds to those who represent us. In fact, it is one of the few effective tools we have left to combat government corruption and demand accountability. But now, even that right is being chipped away by statutes and court rulings which weaken our ability to speak freely. Activities which were once considered a major component of democratic life in America are now being criminalized. Making matters worse, politicians have gone to great lengths in recent years to evade their contractual, constitutional duty to make themselves available to us and hear our grievances. That is what representative government is all about.

Unfortunately, with gas prices rising, the economy tanking, the increasingly unpopular war effort dragging on and public approval of Congress at an all-time low, members of Congress have been working hard to keep their unhappy constituents at a distanceavoiding town-hall meetings, making minimal public appearances while at home in their districts, only appearing at events in controlled settings where theyre the only ones talking, and if they must interact with constituents, doing so via telephone town meetings or impromptu visits to local businesses where the chances of being accosted by angry voters are greatly minimized. Consider that in the summer of 2011, 60 percent of Congress refused to hold town hall meetings with their constituents during their summer break. The ones who did often charged a fee for attendance. For example, Rep. Paul Ryan charged fifteen dollars per person for his public appearance, and Rep. Dan Quayle charged 35 dollars per person.

Now, in a self-serving move aimed more at insulating government officials from discontent voters than protecting their hides, Congress has overwhelmingly approved legislation that will keep the public not just at arms length distance but a football field away by making it a federal crime to protest or assemble in the vicinity of protected government officials. The Trespass Bill (the Federal Restricted Buildings and Grounds Improvement Act of 2011) creates a roving bubble zone or perimeter around select government officials and dignitaries (anyone protected by the Secret Service), as well as any building or grounds restricted in conjunction with an event designated as a special event of national significance.

The bills language is so overly broad as to put an end to free speech, political protest and the right to peaceably assemble in all areas where government officials happen to be present. Rep. Justin Amash (R-MI) was one of only three members of the House of Representatives to vote against the legislation. As he explains:

Current law makes it illegal to enter or remain in an area where certain government officials (more particularly, those with Secret Service protection) will be visiting temporarily if and only if the person knows it's illegal to enter the restricted area but does so anyway. The bill expands current law to make it a crime to enter or remain in an area where an official is visiting even if the person does not know it's illegal to be in that area and has no reason to suspect it's illegal.

Some government officials may need extraordinary protection to ensure their safety. But criminalizing legitimate First Amendment activityeven if that activity is annoying to those government officialsviolates our rights. I voted "no." It passed 388-3.

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Criminalizing Free Speech: Is This What Democracy Looks Like?