Yesterday’s events involving a federal agent assaulting a photographer who was foolhardy enough to lean over an enclosed barrier to cover a story, and the 30 black students who were escorted out of another rally by law enforcement for being black, underscores a new trend that is undermining our basic rights as citizens.
Yes, our rights as citizens is between us and our government and we don’t have protected rights of free speech, etc.; with private companies or groups.
But now political groups, led by the Trump campaign, are privatizing political events as a way to circumvent Free Speech and a Free Press.
For six months I covered the NH Primary as a video blogger and was basically a member of the press (full credentialed) and I was held against my will on three different occasions by either the Secret Service (from orders of the Trump campaign), local police or Trump staff. On two of those occasions I was held against my will because I wanted to leave the press pen at the end of the event to...leave the event.
You maybe wondering what possible logic is being used to turn a civic event related to the election of President into virtual prison for the press and public?
Well, here is the logic and I’d love the view of any 1st Amendment experts about the case law here. The Trump campaign told me on the occasions I was being held against my will that they are a private organizations (a dubious claim by a group specifically set up to engage in public discourse or running for government office) and they rent facilities (doesn’t matter if they are publicly owned) and therefore their rallies are private events and the press and public are invited guests to their private event. Therefore we are subject to all their conditions—like reporters are not allowed to report and (apparently) blacks can not stand together.
Here is an example of the Trump campaign requiring reporters to be escorted by Trump volunteers when they wanted to interview voters:
This is not a slippery slope argument...we are on the slope sliding into tyranny and if we don’t stop it, we’ll have to outlaw marching bands...you think I’m kidding?
In this perverted argument...St. Anselm’s, who was hosting the GOP debate in February and provided a “free speech” zone for all kinds of protesters. But this “private” entity (who is exempt from paying taxes, thanks to it’s government-granted status as a non-profit) gets to determine what constitutes “free speech” at this civic event. They decided music played with instruments was not speech and prevented them from their form of protest.
Now I’m somewhat familiar with the case law (and I’m not a lawyer) and I understand a shopping mall does not have to allow political campaigns or groups on to their property. But we’ve gone far, far from that argument. Now the groups set up by a candidate to engage the public have a right to control the public’s free speech rights and they have the right to control the press as they cover a political event.
It goes without saying that these are sad and scary times. I have faith that—eventually—Americans will understand what Trump is really about and he and his “movement” will be placed in the dustbin of history with Joe McCarthy. But I do fear that this concept of a political campaign as a private group that can limit the Rights of Citizens and the Press at political events will live on...because it gives the campaigns—of all persuasions—so much power, that they’ll fight to keep this.