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Friday, July 12, 2013

First Amendment Information - Chesapeake & Ohio Canal

I'm surprised there isn't more outrage at the antics of government. Especially when they cross the line in violation of the Constitution. Maybe people are simply ignorant, or perhaps they feel powerless. I just don't know.

Here is the latest example. I shall reproduce it here in full for fair use and discussion purposes:









































Here's the text, with my comments interspersed in bold:

First Amendment Information 

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or 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." (This is peculiar. You don't often see a government entity providing the text of some part of the Constitution or the Bill of Rights as a prelude to explaining a policy. It's as if they're quoting it to show how they derived their policy, but in actual fact, as we read we will see they violate the very constitutional provision they are quoting.)

Freedom of speech, press, religion, and assembly are rights protected by the First Amendment of the Constitution of the United States. People may exercise these rights in national parks, but the National Park Service still retains its responsibility to protect park resources and prevent conflict among park visitors. (Ok, here we have the justification for their policy. And we can find agreement that the government should have the power to establish policies that prevent vandalism, assault, and other crimes. But keep reading, and note the leap they take.) 

Therefore, the National Park Service establishes guidelines for setting the time, place and manner (number of participants, use of facilities and type of equipment) for the events to occur. (Notice the leap? The power they think they have is not the power to apprehend criminals so that peoples' First Amendment rights are safeguarded, it is to define the characteristics of the constitutionally-protected activity! In other words, the criminals are not the problem, the exercisers of their rights are.)

By law, (That is, because some unconstitutional law says so. Did they miss their own quote, "Congress shall make no law...?") 

the National Park Service has established places in parks where First Amendment activities can be accommodated. (Breathtaking glibness. The rights of the people are not "accommodated." This presumes that the government has some involvement in the granting and defining of rights. But rights do not come from government, they are unalienable. Government has no authority to decide how and when first amendment rights are exercised, except to act to safeguard rights.) 

These areas are visible to the general visiting public without interfering with the public's enjoyment of the park. (Going even farther afield, the government apparently thinks the exercising of First Amendment rights might interfere with "the public's enjoyment of the park." Do you see how this places government in the position of deciding whose rights are important and whose are not? There is no delineation in the exercise of rights that grant power to the government to determine if those expressions are disturbing someone's enjoyment of the park. The founders expressly had things like this in mind that expressing one's self might be offensive!) 

These areas are identified in the Superintendent's Compendium. While the National Park Service regulates aspects of the activity to protect park resources, it never regulates the content of the message. (Um, yeah. Let's just see, shall we?)

Permits are issued for First Amendment activities, but there are no fees or costs, and no insurance is required for the activities.

All requests for similar activities are treated equally. As long as permit criteria and requirements are met, no group wishing to assemble lawfully will be discriminated against or denied the right of assembly.

Types of First Amendment Activities

Religious services or ceremonies
Press conference
Press coverage of breaking news
Voter registration
Collecting signatures on petitions or voter initiatives
Public demonstration, picketing, assembly or rally for expressing opinion and views
Sale or distribution of printed material related to free expression of opinion
Type of Activities that are NOT covered by the First Amendment

Church picnic or social gathering
Wedding ceremonies or receptions
Political fund raiser or other invitation-only political activity or event
Solicitation of donations
Community parades, athletics, or sporting events
Sale of message-bearing clothing, arts and crafts, or similar merchandise

(This is the regulation of content, isn't it? Some forms of peaceable assembly are regulated while others are not. Some forms of speech are regulated while others are not. The government has set itself as arbiter of what constitutes the "proper" exercising of rights. This ought to offend every American citizen. The very fact that the government thinks it CAN, in fact, make a law regarding this is astounding. 

But it's even worse. Notice the phrasing: "Type of Activities that are NOT covered by the First Amendment." It doesn't say, "Types of Activities specially Affected by Park Policy." The statement is an official interpretation of the First Amendment! See, this government website quotes the First Amendment, misinterprets it, and proceeds to violate it. 

Government acts with impunity because the citizenry either can't or won't stop them. Even in court people are told they don't have standing. People are told they cannot exercise their unalienable rights. People are told how they can lead their lives, and then their government are spies on them, listens in on them, and videos and records and observes ad nauseum.)

Many of these activities can be accommodated through the Special Use permit system for which a fee may be charged. Liability insurance is required. Call the Park's Permit Office for assistance and additional information at (301)745-5815.

(*Sigh*  And here's a sign they post...)



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