Update: The ACLU of Michigan is happy to report that after receiving our letter, Shiawassee County Administrator Margaret McAvoy has agreed that Mr. Gould has a First Amendment right to demonstrate in front of the Shiawassee County Courthouse on the Fourth of July and will allow his protest to take place without interference.
In addition, as suggested in our letter, the County plans to explore establishing policies regarding protests on County property. We are pleased that this controversy resulted in the happy ending for free speech rights fitting of the Fourth of July, the day when we celebrate the freedoms that make our country great.
Last week, our office was contacted by James Gould, a Shiawassee County resident seeking our assistance in defending his First Amendment right to demonstrate at the Shiawassee County Courthouse on Independence Day. Today, the ACLU of Michigan sent a letter to Shiawassee County officials requesting that the County respect Mr. Gould’s constitutional rights and not interfere with his planned protest.
Mr. Gould is a member of the “Taxed Enough Already Party” or “TEA Party” and has organized an anti-tax rally planned for this Saturday, July 4th from 1 p.m. to 3 p.m. on the lawn of the Shiawassee County Courthouse in downtown Corunna, Michigan. Mr. Gould explained that when he sought a permit from the County to hold the demonstration, he was informed by County officials that they did not allow the Courthouse lawn to be used for rallies that there was no permit process in place allowing individuals to apply to use the property.
This apparent absolute ban on rallies is concerning because there is perhaps no right more fundamental in a democracy than the right to gather and speak out against perceived abuses of power by the government in traditional public forums. As the Sixth Circuit stated in a case involving the steps of the nearby Owosso City Hall, “Streets, sidewalks, parks and other similar public places are so historically associated with the exercise of First Amendment rights that access to them for the purpose of exercising such rights cannot constitutionally be denied broadly and absolutely….”
Our letter to Shiawassee County Administrator Margaret McAvoy reads in part:
“We write to urge you to refrain from interfering with the fundamental right of Mr. Gould and the TEA Party to protest in a public forum. Our country was founded on the principle that individuals may peacefully speak out against what they perceive to be misguided government policy. Indeed, it would be ironic if Shiawassee County were to unconstitutionally punish Mr. Gould or suppress his speech on the Fourth of July, the day when we celebrate the freedoms that make our country great.”
To view the full text of the letter, please click here.
Libby Benton just completed her first year at Harvard Law School and will intern with the ACLU of Michigan through the summer.
By Libby Benton, ACLU of Michigan Legal Intern