McAuliffe is wrong on moratoriumGov. Terry McAuliffe tried to address the obvious constitutional concerns as he announced a moratorium on demonstrations at the Lee monument in Richmond. But his words fell flat.
“Let me be clear,” McAuliffe said during the announcement. “This executive order has nothing to do with infringing upon First Amendment rights.”
And let us be clear: what a crock. The order does not do anything but infringe upon First Amendment rights. That is its sole purpose: to prevent people from expressing themselves in front of a powerful symbol. The government is engaging in prior restraint of speech.
The order will remain in place for three months while a task force comes up with new rules to control how demonstrations take place.
After the violence in Charlottesville, the reason for the order is obvious, and, to a point, understandable. But it also goes too far.
The order prohibits demonstrations by persons who could reasonably be deemed to pose an imminent threat to public safety. Which could mean, literally, almost anyone. And in fact, it does, not just weapon-toting white supremacists or chanting members of Antifa. It also prohibits demonstrations by persons whom nobody could consider a threat, such as schoolchildren holding white roses in a plea for peace. We're not sure how elementary school students standing quietly around a statue pose any threat, much less an imminent one, but apparently McAuliffe seems to think they do. Which is, of coursel, absurd.
Case law permits authorities to regulate the time, place, and manner of public expression, and McAuliffe’s order might withstand court challenges for that reason.
But the heavy-handed approach isn’t necessary and in fact, could cause more harm than good. For one thing, it will only stir up more anti-government sentiment from those on the right, particularly since it’s a Democrat imposing the order. And it could lead to organized efforts to defy the mandate outright. That could cause even more conflict, more bloodshed, more controversy. And an escalation of an already tenuous situation.
It would have been far better for him to declare that the state would do whatever is necessary to ensure that people can continue to demonstrate at the Lee monument safely. That might not have been the “easy” solution, but it would be certainly be the most democratic and, we believe, the most prudent, especially given to how this order could be perceived — and the reaction it could provoke.
Two years ago Robert Lewis Dear shot up an abortion clinic and killed three people. McAuliffe did not respond then by trying to close abortion clinics to keep people safe — nor should he have. That’s a sentiment anyone who cherishes the First Amendment and the constitutional rights of Virginians and all Americans should share, regardless of how one feels about the abortion issue.
The government’s job is to protect people in the free exercise of their rights — not to curtail their rights at the first sign of trouble.
We hope McAuliffe reconsiders his order. We doubt very much that will happen, but it would show the public, and those on both sides of a volatile and emotionally charged issue, that those who hold the power to restrict movement and even speech value freedom of both and understand when they’ve overstepped their bounds.
http://www.dailyprogress.com/newsvirginian/opinion/editorials/editorial-mcauliffe-is-wrong-on-moratorium/article_f2a7fb6c-86dd-11e7-81b3-df52bc5aba1c.html
Excellent point about abortion clinics.
