Wednesday, August 26, 2020
#FREESPEECH in the News August 26, 2020
As the Citadel of Free Speech here in Cleveland, we work to protect and promote the basis of our democracy by sharing related stories, commentary, and opinions on free speech in the 21st century. Here's what's making the news – and what you should know about – in the past week.
1.) Court finds parts of anti-riot law violate free speech
A federal appeals court has upheld the convictions of two members of a white supremacist group who admitted they punched and kicked counterdemonstrators during the 2017 “Unite the Right” rally in Charlottesville. However on Monday, the court found that part of an anti-riot law “treads too far upon constitutionally protected speech.”
A three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals rejected a challenge to the constitutionality of the entire federal Anti-Riot Act but invalidated parts of the law where it encompasses speech tending to “encourage” or “promote” a riot.
The ruling came in an appeal by two members of the Rise Above Movement, a militant white supremacist group.
2.) Charleston violated free speech by nixing Battery parking, Confederate flag waver says
The president of a rebel battle flag group who stands beside the Confederate Defenders Monument at the Charleston Battery every Sunday said city leaders violated his right to free speech by removing parking spots he has used to fly the flag the past five years.
Braxton Spivey, a West Ashley resident and president of Flags Across the South, said Friday he used to park along the waterfront side of the Charleston Battery where East Bay Street becomes Murray Boulevard. There, he extended his Confederate battle flag 30 feet in the air from a flagpole attachment he affixed to his slate-green truck.
Then, the city reassigned those parking spots as handicap accessible and bus-loading zones only. So Spivey began parking across the street. As of July 14, parking was no longer permitted in front of the Confederate Defenders Monument. Charleston city spokesman Jack O’Toole said removing 10 parking spots over the past year was part of an ongoing effort to “restore neighborhood balance and increase public safety for pedestrians and motorists in the area” and improve sight lines.
3.) Allendale community still divided over Civil War Statue
Allendale community members clashed on Sunday evening amid a protest aimed at taking down the Civil War Statue in Allendale Community Park. The statue sits in the park's Garden of Honor and depicts a slave child at the feet of a Union and Confederate Solider, reaching for freedom. It has been a point of contention for the township for more than two months.
Mitch Kahl with Michigan Association of Civil Rights Activists (MACRA) told 13 ON YOUR SIDE he partnered with the group "Justice for Black Lives, TakeItDown! Allendale" for a visual, peaceful demonstration in the parking lot of Allendale Township Hall. The protesters were painting "Black Lives Matter" and "Take it Down!" on the pavement. A group of counter protesters were also present, some with sidewalk chalk in hand, writing "All Lives Matter" and "Trump" in the same space.
"We just were planning to come and exercise our free speech," Kahl said, "We weren't expecting to end up in some sort of clash. If these people want to come exercise their free speech, they're free to do that. It's just that if they came tomorrow and wanted to chalk their messages up on here, we would not be here interfering with them. We would allow them to have their message. That's what it's about -- free speech."
Counter protesters stood on top of the letters sketched out by Kahl's group to prevent individuals from painting their mural and remained there as people tried to paint around them.
