UPDATE–Here's the link to the video:
http://www.cctv.org/watch-tv/programs/burlington-city-council-0
Well, it's been an interesting week for free speech in Vermont, even if we don't include the abortive IRV recount in Burlington.
Still, since I mentioned Burlington, why not start out there? At Thursday's City Council meeting, the Democratic majority was up to what some would say are their old tricks, and some would say are their duty to their constituents that ordinances be passed only after due and careful consideration. You may have read the great reporting by Shay Totten, and if you haven't I'll invite you to hop over there rather than to recap the whole story.
The basics, though, are that in consideration of a zoning amendment on the height limit for new buildings, the Democrats, particulary Ed Adrian and David Berezniak, were interposing parliamentary objections to the extent that the people who wanted the ordinance to go through were getting mighty peeved. Accounts of what happened differ, but some say that Adrian and Brezniak were being disruptive, others say that they were forced to act as they were because Council President Kurt Wright wouldn't recognize them when they wanted to speak, so they had to speak up even when someone else was speaking.
Finally, Almost Mayor Kwik-Stop decided he'd had enough, so he called in the police.
That's right: at a public meeting of a legislative body, the presiding officer called in armed police officers to silence elected officials whose positions he disagreed with.
I get that many observers seem to feel that Adrian and Berezniak (they mostly seem to be blaming Adrian) were engaging in bad meeting behavior; that they should have just accepted the fact that they were in the minority and taken their lumps. On the other hand, calling in the cops to silence your political opponents? I think Almost Mayor Wright has hit a new low.
I'm also struck and horrified by the fact that so many commenters at Blurt and the Burlington Free Press are supporting Wright's actions. Maybe Ed Adrian is the most unpopular Democrat in the whole city of Burlington, I don't really care. Somehow I doubt it, since he was able to get elected. Maybe he should know better than to try to stand up to the Progs and Republicans when they decide what's going to happen. Still, if they're as bad as all that, convince the voters in their districts to vote them out.
Meanwhile, the Vermont Supreme Court handed down a victory for free speech Friday morning. It relates to the charges of disorderly conduct against Boots Wardinski and Michael Colby for demonstrating against John Negroponte when he spoke at the St. Johnsbury Academy graduation back in 2006.
Here are the facts, as the parties agreed to them:
On June 5, 2006, defendants Boots Wardinski and Michael Colby attended the St. Johnsbury Academy commencement ceremony. Both defendants had tickets to the invitation-only ceremony at which John Negroponte, then the United States Director of National Intelligence, delivered a speech. Approximately two minutes into Negroponte’s address, defendant Wardinski stood from his seat and shouted that Negroponte “had blood on his hands” and invited the audience to join him in walking out on the commencement address. At some point prior to defendant Wardinski’s remarks, defendant Colby also stood and shouted at Negroponte. Academy staff and police officers promptly asked both defendants to leave and escorted them from the premises without resistance or further incident. Despite these interruptions, which lasted no more than thirty seconds, Negroponte delivered his speech in its entirety.
The two were arrested, charged with disorderly conduct, and convicted.
On appeal, the Supreme Court looks at two important issues: how disruptive must conduct be before it counts as disorderly conduct, and how must we balance the public interest in order against the right to free expression.
I have to say, the Supremes handled this a lot better than Kurt Wright. On the first point, the Court held that the thirty-second disturbance did not substantially interfere with the conduct of the three-hour graduation ceremony, or even with Negroponte's eight-minute speech. Similarly, balancing the defendants' First Amendment rights, the Court holds:
Both defendants left the site of the graduation ceremony upon being asked and without further incident, whereupon they were arrested. Such de minimis disturbances, even if rude and out of place in the context of a commencement ceremony, cannot serve as the basis for criminal liability without running afoul of the First Amendment.
The Court quoted with approval a 1949 decision from the U.S. Supreme Court:
“[F]reedom of speech, though not absolute, is nevertheless protected against . . . punishment, unless shown likely to produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest.”
Maybe somebody should read that to the Un-Mayor before the next City Council meeting.