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Tuesday, June 5, 2007

Because sometimes speech is so precious it must be corked and preserved

Get ready to rumble over the First Amendment and free speech in Atlanta.

People who like it out there on the picket line are looking askance at a proposed ordinance that would permit the creation of “free speech” pens at nearly any city-licensed event.

Normally, it’s the kind of thing you see in major crowd control situations — at say, national political conventions or G-8 meetings.

Read the entire ordinance here.

Councilman Jim Maddox is the sponsor. The measure, to be voted on next Tuesday, June 12, we’re told, would permit the organizer of a sanctioned event to bottle up people with unwanted or competing messages — in the name of good order and the right of licensed speakers to be heard.

Barack Obama organizers, for instance, would be able to restrict Hillary Clinton supporters and their signs to a “free-speech zone” designated by the city of Atlanta.

Abortion rights supporters would be allowed to keep abortion opponents at bay. Supporters of the current immigrant reform efforts would be able to cleanse their numbers of opponents.

And how would these fly-in-ointment spoilsports be singled out?

The proposed ordinance says:

“A person shall be deemed to be exercising her/his First Amendment rights when s/he is: using a bullhorn or some other amplification device; distributing items, including without limitation leaflets and/or literature, to more than ten people s/he does not know; preaching to people s/he does not know; conducting a monologue with people s/he does not know; protesting; carrying a sign, including without limitation a picket sign or banner; wearing a sign that is larger than 8 inches by 11 inches; and/or conducting a performance, including without limitation singing, performing a play or skit, or miming.”

Lord knows it’s hard to shout over a mime.

The good news is that messages contained on clothing, buttons, jewelry or patches — no matter how unwanted — would be hunky-dory.

An “Outdoor Festival Host,” says the ordinance, “shall be responsible for determining, prior to the commencement of each day of the event, who is authorized to exercise her/his First Amendment rights as part of the Outdoor Festival on that day, and shall issue such people a badge to be worn indicating such authorization.”

It takes us back to our campfire days, when only he who held the talking stick was permitted to speechify.

According to our colleague David Pendered at Atlanta City Hall, proponents of the ordinance argue that the city is responding to court rulings that have demanded protection for speakers at a main event, who might be drowned out by protestors.

Others have pointed us to the United States Social Forum, scheduled to hit Atlanta on June 27. It’s a gathering of virtually every liberal group you can imagine — from the Alliance for Global Justice to Young Workers United.

Thousands of people are expected, all of whom take their demonstrations — and counterdemonstrations — very seriously.

Jerry Weber, the legal director for the Georgia chapter of the ACLU, said this to the City Council on Monday, according to Pendered:

“We have very significant constitutional concerns,” Weber said. “We ask for the council to defer to discuss the constitutional problems with the ordinance. One of the most difficult areas of constitutional law is balancing free speech. It’s complicated case law.

“We’ve handled a lot of it, including Martha Burke and the Masters golf tournament. This code asks citizens to determine if someone is with [them] or against, if they should be in a corral or with them [and] they could have criminal sanctions.”

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‘We’ll see you in C-U-B-A’

When the governor closes a door, the Lord opens a window.

Many of you have been grieving over the fortunes of House Majority Leader Jerry Keen (R-St. Simons Island).

He and another House leader were bumped from a state trade mission to cold, gray Europe — because, many assume, of recent House behavior toward Gov. Sonny Perdue and his recent veto of a budget bill.

You can dry your eyes now. Keen was one of several House members and other officials — including U.S. Rep. Jack Kingston — who flew down to bright, sunny Cuba last week to sell a few chickens and other Georgia commodities.

Also on the trip were House Speaker Glenn Richardson, Speaker pro tem Mark BurkHalter, state Rep. Jay Roberts, state Agriculture Commissioner Tommy Irvin and his new deputy, former House speaker Terry Coleman.

Majority Whip Barry Fleming, the other House leader bounced from the trip to Europe, did not go to Cuba, either.

But if you’re from Harlem, Ga., you’ve already got all the culture you need. And your local opportunities for a tan are practically endless.

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Second thoughts on Dale Cardwell

Now that people have read his stump speech and poked through his web site, we’re hearing from a few who question Dale Cardwell’s digestibility as a Democratic candidate for the U.S. Senate.

So Far, So Left, a Democratic blog that doesn’t hide its orientation, likes Cardwell’s focus on special interest politics, but questions his stand on immigration reform.

Says the author: “Attacking Saxby from the right on immigration, while tantalizing, is nevertheless wrong, and probably stupid, too. Wrong because the position itself is wrong, and stupid because, as I see it, it will alienate Democratic voters - like, say, me - and it won’t win any Republican voters. They may not like Saxby, but they know better than to trust a Democrat to oppress the weak.”

Alan Abramowitz, the Emory University political scientist, sent us a note saying much the same thing. Cardwell’s position on the Iraq war in particular could be problematic.

“Democratic primary voters in Georgia are predominantly liberal and anti-war. They’re not going to support someone who wants to abolish the IRS and who basically supports the war. He’s in the wrong party,” Abramowitz said.

He also points out that Cardwell’s web site shows no emphasis at all on two key Democratic goose-bump issues — health care and the economy.

On the other hand, we talked this morning with a Republican strategist who was intrigued by Cardwell’s candidacy, and pointed out the resemblance between Cardwell and James Marlowe, the lead Democrat in the 10th District congressional race.

Here’s one more thought. For the last few months, Vernon Jones, the DeKalb County CEO who also has his eye on the Democratic nomination, has been fluffing his conservative feathers to attract support.

It’s possible that Cardwell’s loud entry into this race could turn Jones leftward.

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The new blog out of Macon

Travis Fain and the Macon Telegraph have begun a new blog that’s half politics and half not. Called “Lucid Idiocy,” it’s worth keeping an eye on.

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