Wisconsin
Related: About this forumWisconsin: Why the Capitol Settlement is a Win (ACLU)
http://aclu-wi.org/story/victory-why-capitol-settlement-winWeve always held that the states permitting scheme is unconstitutional and Judge William Conley, the federal judge who presided over the case, clearly found it unconstitutional. Nothing about the settlement changes that. At the most abstract level of generalization, the U.S. Supreme Court has held that narrowly tailored, content-neutral permit schemes can be constitutional. Judge Conley recognized that, as do we.
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So, when a certain number of people had gathered inside the Capitol, the state could have required them to submit a full application for a permit, then taken up to 30 days to decide whether to grant the permit, and then arrested people who didn't have one.
This settlement changes that. Its a victory for free speech because now no one has to receive permission from the government to exercise their First Amendment rights inside the Capitol. Instead of being forced to apply for a permit, now groups of 12 or more can give notice instead. Giving notice is much more informal than applying for a permit, can be done in a variety of ways, and doesnt even require providing your name. And, unlike permits, the state has essentially no grounds (other than illegal conduct or someone else obtaining a permit) for refusing to allow people who give notice to use the Capitol. The Capitol Police don't get to decide whether to "grant" the notice. The settlement means they must put it on the schedule.
There's more at the link, including how the decision effects past arrests. Also this quote from Judge Conley's decision:
"The Capitol rotunda is closer to an out-of-doors, traditional public forum in that it is a capacious gathering space with a unique history as a place for government and public discourse, which admits for (indeed was designed for) a certain level of disturbance that would not be proper in a typical state office building or even a typical state capitol."
madrchsod
(58,162 posts)it would seem the judge is hinting that all the cases should be thrown out.
boy that has to sting ole wanker walker.....
mokawanis
(4,441 posts)Now let's see what tactics he instructs the Capitol Cops to use against the protesters. If Walker had any brains, which he doesn't, he'd cut his losses and back all the way off.
gopiscrap
(23,761 posts)they litigated my yard sig 9-0n case in Collier-vs-Tacoma 1993 and won 9-0
hue
(4,949 posts)of the Peeps who were arrested, assaulted, made to feel inferior or that they had broken "some law", jailed etc. A public official such as Wanker should be held accountable for dictating actions that are unlawful. The Capitol Police need to share in the responsibility legally as well. IMHO some of them should spend time in the clink/locked up for the way they treated those who care about justice! They participated in fascist behaviors while living in a democracy!!
AllyCat
(16,187 posts)It is national news