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A German music project known for its quirky politically-themed concerts wanted to hold a free "Tear Down This Wall" performance simultaneously on both sides of the border fence between Imperial Beach and Tijuana this Saturday, June 3rd.
Mexican authorities said yes, but US authorities said no, so the concert will now only be on the Tijuana side.
"It's absolutely weird," said Dresdner Sinfoniker artistic director Markus Rindt about the ban on the concert.
"I think they had objections to the title of my project," Rindt said, adding that he might have received permission "if we had been just playing some Mozart."
In fact, the political nature of the event was exactly why the Border Patrol denied permission.
"The Border Patrol does not allow the federal enforcement zone to be used as a stage for an event based on a political message," according to a statement provided by Agent Mark Endicott.
Just last Saturday, May 27th, the annual Fandango Fronterizo concert was allowed in the same area and was also held simultaneously on both sides of the fence.
The Border Patrol's decision could be unconstitutional, according to First Amendment experts.
"No matter what type of forum the San Diego Border Field State Park would be considered under First Amendment law, the government can't cancel an event because that event is dedicated to a viewpoint about a particular subject that the government disagrees with," said David Snyder of the First Amendment Coalition in California. "And based on the government's stated justifications for disallowing this event, it's hard to see how the government hasn't done just that."
"This case suggests a danger of not only targeting political speech, but also political speech because of an anti-government viewpoint," said Professor Clay Calvert of the First Amendment Project of the University of Florida.
"The U.S. Supreme Court has made it clear that political speech lies at the heart of First Amendment protection. What's more, the Court repeatedly holds that viewpoint-based discrimination against speech is impermissible," Calvert added.
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