Editorial

Government employees should double-check before infringing on rights

Government should ask questions first

When the future fourth president of the United States drafted the first of 10 amendments to the U.S. Constitution, his goal wasn't to detail the kinds of speech government would grant permission for its citizens to engage in. Rather, James Madison outlined clear limitations on government, not the individual. He and other backers of the First Amendment knew government's tendency was to protect its interests, which are not necessarily those of individual U.S. citizens.

"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."

What’s the point?

An employee of the Arkansas Highway and Transportation Department was wrong in seeking to suppress a peaceful demonstration on a public sidewalk.

In only 45 words, the First Amendment wards off the power of an overreaching federal government in critical areas of individual expression. Those words outline much of what Americans hold dear as "freedom." In the 1920s, court decisions made it clear the amendment's limitations also apply to states.

And yet government still can't help itself. Local, state and federal governments empowered by the U.S. and state constitutions still regularly find ways to infringe on individual liberties.

Our case in point? As usual, the point of conflict involves a contentious political issue in which opinions widely vary and passions are often inflamed: Abortion. But the core issue in this instance is freedom of speech.

Twice a year, participants in the "40 Days of Life" demonstration gather at various locations in their campaign to end abortions. The group has operated in Fayetteville for years, now focused on the local office of Planned Parenthood, a non-profit provider of women's reproductive health services near Joyce Boulevard and Crossover Road. Some Planned Parenthood clinics perform abortions, though not at the Fayetteville location.

Crossover Road is also Arkansas 265, a state highway widened to four lanes in recent years. With more than $7 million in local funding from the city of Fayetteville, the widening project included wide sidewalks not normally seen on most state highways, but Crossover Road is an integral part of the city's transportation blueprint, too.

Sidewalks are public property. In the spirit of the First Amendment, people with grievances about public policy have every right to make their views known on those sidewalks. Even picketing is legal expression as long as it's done in an orderly fashion and not blocking sidewalks from use by other members of the public.

So why in the world did an employee from the Arkansas Highway and Transportation Department tell these anti-abortion demonstrators they would be fined if they continued to display signs along Crossover Road? Because government's first reaction is, too often, to worry about its goals more than individual expression. One has to wonder how many people have their rights trampled because of misguided directives from government employees.

Thankfully, the 40 Days of Life folks are persistent. They sought legal advice and, temporarily, moved around the corner to a city-maintained street where no one had challenged their rights to demonstrate. Within a few days, the leadership of the Highway Department provided clarity: Let the demonstration continue, says the agency's chief legal counsel.

The agency suggested the original communication was misinterpreted or misunderstood, but declined to detail who originally directed an end to the demonstrations and what their reasoning was.

It was government doing what government does: Expecting its mandates to be followed without question. Thank goodness many Americans still remember their protected freedoms and stand up for them.

Whether people are protesting a shooting in Ferguson, Mo., or calling for a balanced budget or urging the pregnant to choose life, they should all be able to agree that free speech and assembly are critical parts of this nation's freedoms, and they're worth defending. Government has no business seeking to limit speech on public sidewalks, but this episode is one more piece of evidence it happens nonetheless.

Our recommendation for government employees when it comes to tamping down free speech activities is to check before speaking or taking action that potentially infringes on individual rights. A simple call to a city or county attorney, or an agency's general counsel, can save everyone a lot of trouble and protect the rights of Americans. Last we checked, government should be interested in protecting them, not stomping on them.

Commentary on 03/07/2015

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